back to indexProtect Your Family, Mitigate Taxes and Preserve Your Wealth | All The Hacks
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Would it be fair to say anyone who has assets, children, or preferences on what happens to them 00:00:09.760 |
Every adult does need a will. You should have a will on your 18th birthday. Are you going to? 00:00:14.320 |
Is that what you're going to be first thing in line, Monday morning, your 18th birthday? No, 00:00:17.680 |
let's be realistic. But every adult should have a will. There's no minimum asset thresholds. 00:00:21.840 |
And like you said, even if you don't have this huge amount of assets, you don't have children, 00:00:25.920 |
you still have final arrangements, and you still have some property that you will dispose of, 00:00:30.640 |
whether it's high value or sentimental property, you need a will. Every adult needs a will. 00:00:35.600 |
I wanted to talk to someone who I think really understands 00:00:38.880 |
all of the advanced tactics people are using to both avoid taxes now, 00:00:43.440 |
avoid taxes in the future, be able to transfer money to their children. 00:00:47.440 |
The estate tax is, it makes all other taxes look low. So just the federal tax rate alone is 40%. 00:00:56.320 |
It does graduate, but it gets to 40% pretty quickly. And that's just federal. So then you 00:01:01.120 |
can start to layer on state taxes on top of that, and it can get much, much higher. Now, 00:01:06.000 |
some of these state estate taxes actually start at levels below this 12 million, 00:01:10.160 |
depends on a state by state basis. But the federal is the most punitive. And that's primarily what 00:01:15.440 |
people are concerned about is if they're trying to pass on as much of their hard-earned wealth to 00:01:19.680 |
their kids or grandchildren, how do they work around the estate tax? And this is where estate 00:01:25.920 |
planning comes into play. Hello, and welcome to another episode of All The Hacks, a show about 00:01:31.280 |
upgrading your life, money, and travel. I'm your host, Chris Hutchins, and I'm excited to have my 00:01:36.560 |
first two interview episode today. We'll first talk about estate planning with Patrick Hicks, 00:01:42.160 |
a lawyer who recently became the general counsel for Trust & Will. Now, if you're not familiar with 00:01:47.280 |
estate planning, think of it a little bit like risk management for your family. It's a way to 00:01:51.680 |
protect and guide your loved ones should you die or become incapacitated. Now, I know that's not 00:01:57.120 |
the most exciting topic for a dinner conversation, but I promise it's an important one and we'll get 00:02:02.400 |
into some really tactical advice. After that, we'll talk to Mani Mahadevan, who runs a company 00:02:07.360 |
called Valor, which is really democratizing access to the kinds of trusts that wealthy people use to 00:02:12.960 |
limit the taxes they pay. It was so fascinating to hear about some of the crazy ways that people 00:02:18.240 |
avoid giving the IRS more money. I know this is a longer episode, but both of these conversations 00:02:23.600 |
were on similar topics and were so interesting that I thought it would be worth combining them 00:02:28.160 |
into one. So let's jump right in. Patrick, thank you for being here. 00:02:39.840 |
You know, I just spent some time talking about some of the aspects of how people and their 00:02:44.560 |
families can start to protect themselves, their documents, and I didn't spend as much time on 00:02:50.160 |
the legal side of things. So I think most people have heard of the term will and I've written about 00:02:56.480 |
it a bit and we've mentioned it in the past. Maybe we could just start at the basics about 00:03:01.520 |
what kind of is a will and who needs one? Yeah, that's a great question. So a will is a 00:03:07.280 |
fundamental estate planning document. And once you have all of your decisions made and your 00:03:12.080 |
intentions and your preferences, it's these legal documents are the ones that actually make them 00:03:15.920 |
legally binding, enforceable, and valid. So that's the difference between I have a desire 00:03:20.480 |
and now I actually have an enforceable legal decision. That's the estate planning documents. 00:03:25.280 |
And the will is the cornerstone, fundamental estate planning document. It's incredibly old. 00:03:30.800 |
It's been around the concept of a will since ancient Greece, but the will as we know it today, 00:03:36.480 |
even that the origins kind of trace back to the 16th century. Henry VIII was the king when they 00:03:41.600 |
passed the Statute of Wills Act that set a lot of the requirements that we're still working with 00:03:46.000 |
today. So that's how long a will has been part of estate planning in modern society, if you can 00:03:50.800 |
really call the 16th century modern society. We're still using the same rules. So I guess I got to 00:03:55.040 |
give them a little bit of credit. Wow. I didn't know the history. Are there 00:03:58.480 |
a handful of things if you went through a list of like what are the main components of it, 00:04:02.800 |
the decisions that you want to think about before creating one? 00:04:06.320 |
Yeah, absolutely. So a will, because it is a very fundamental document, it handles fundamental 00:04:10.480 |
needs. And there's three primary needs that every will will handle. And the first is it will 00:04:15.200 |
dispose of your assets. It will say where your things go, who gets what after your death. And 00:04:20.400 |
a will only applies at death, but that's what it does is it transfers your assets after death. 00:04:25.360 |
The second thing after disposing of your assets is it will choose who will care for your children. 00:04:30.720 |
Now your children are not assets. You don't dispose of them in quite the same way, 00:04:34.320 |
but a will allows you to nominate someone who can care for your children to serve as their 00:04:38.240 |
guardian. And the last thing that a will does is allows you to specify your own final arrangements, 00:04:43.200 |
your burial preferences. Do you want to be cremated, buried at sea, blasted to the moon, 00:04:47.600 |
whatever it is that you want to do, a will lets you select those three things. 00:04:51.680 |
Dispose of your assets, someone to care for your children and your final arrangements. 00:04:57.680 |
Would it be fair to say anyone who has assets, children, or preferences on what happens to them 00:05:04.000 |
should probably have a will? Or what would happen if I wrote a document, it wasn't fancy, 00:05:10.960 |
and I emailed it to like three friends that just kind of said, "Here's what I want to do." 00:05:14.960 |
Does that work in place of a will? Or what's kind of necessary for this to all play out 00:05:21.600 |
Yeah, those are great questions. So the first one is every adult does need a will. You should have 00:05:26.160 |
a will on your 18th birthday. Are you going to? Is that what you're going to be first thing in 00:05:29.440 |
line Monday morning on your 18th birthday? No, let's be realistic. But every adult should have 00:05:33.280 |
a will. There's no minimum asset thresholds. And like you said, even if you don't have this huge 00:05:38.240 |
amount of assets, you don't have children, you still have final arrangements and you still have 00:05:42.640 |
some property that you will dispose of, whether it's high value or sentimental property, 00:05:49.760 |
But if you don't have a will or if you're looking to kind of create your intentions without a will, 00:05:54.240 |
it starts to get a little dicey because you can send that email or even draft a letter to your 00:05:58.640 |
friends and say, "In the event of my death, I want this to happen." And the question is, 00:06:02.720 |
is that legally valid and enforceable? Is that enough for your preferences to be given actual 00:06:10.560 |
weight in the eyes of the law? And in many times, unfortunately, the answer is no. And so when you 00:06:15.440 |
have that result, you may think you have a plan, but the law disregards your plan and you wind up 00:06:22.880 |
And so let's take an example. Somebody has $50,000, one child, and a strong desire to be 00:06:29.920 |
cremated, but no will, no email sent to anyone. Maybe they've told their spouse what they want, 00:06:36.960 |
or maybe we can go through whether they do or don't have a spouse. But what would happen? What 00:06:43.600 |
would happen to that $50,000 without a will? What would happen to their child and who makes 00:06:48.800 |
the decision on what happens to their remains? 00:06:50.880 |
Yeah. So if you die without a will, that's known as dying intestate or 00:06:54.880 |
intestacy is the process that you go through. And that simply means that you have no will 00:06:59.520 |
at death. And every state has a set of laws that will apply that says, if there is no will, 00:07:05.040 |
here are the default laws. And those default laws attempt to kind of fill in all those holes. 00:07:10.080 |
So it will say who's responsible for making decisions or where assets might go or who 00:07:14.800 |
might have priority to care for children. So it's an attempt to fill in those gaps, 00:07:19.680 |
but it's not a perfect solution by any stretch. In your situation, that $50,000 would most likely 00:07:27.040 |
be split between the surviving spouse and their surviving child. So $25,000 to each of them. 00:07:33.520 |
And that's just that default law. Now, that spouse might be the person who has the 00:07:38.160 |
presumed authority to make decisions who could say, "Hey, I happen to know that this person 00:07:42.640 |
wanted to be cremated. So we're going to choose cremation." But if they don't know that, 00:07:47.120 |
or if they disagree with that, if you've never expressed that preference at all, 00:07:50.720 |
that spouse may have the legal right to act, but they don't have the knowledge of what your 00:07:54.960 |
preferences are. So you have to have both sides. You have to have clear intentions and you have to 00:07:59.760 |
have legal authority. And without a will, you're really running a risk that you don't have either 00:08:04.000 |
of those. And if you didn't have a spouse, what happens to children or assets? Or if you don't 00:08:11.680 |
have children, what happens to assets? Yeah. So if you don't have a spouse, 00:08:15.040 |
you don't have children. Most of these state laws, what they have is a set of, essentially, 00:08:19.040 |
an if-then statement. So if you have a spouse, everything goes to your spouse. And if you have 00:08:22.880 |
a spouse and one child, it's divided equally. If you have a spouse and two children, 00:08:26.640 |
it's just kind of corresponding, cascading set of decisions. But if you really boil it down, 00:08:32.640 |
all of these laws basically say assets pass to your closest living relatives. 00:08:37.840 |
So if you have a spouse, maybe your spouse or your kids, and if you don't have one, 00:08:40.880 |
it might be your parents or your siblings. Maybe you can go out to your grandparents 00:08:43.920 |
and your cousins. So if you're really isolated and don't have close family, 00:08:47.360 |
it might still pass to your cousins. The problem is getting that process completed, 00:08:52.640 |
getting to that finish line could be a difficult step. And it's just sometimes, 00:08:57.280 |
by the time the assets get to that cousin, the assets might even be depleted by fees and expenses. 00:09:02.160 |
And so you're really starting to eat into the beneficiary's actual receipt of funds from your 00:09:07.440 |
estate. And I assume if you had neighbors who were kind of unofficial godparents to your children, 00:09:14.080 |
and your desire was, "I wish they could take our kids," and you didn't have a will to state that, 00:09:19.280 |
I imagine that would probably be a difficult thing because neighbors and friends probably 00:09:24.400 |
aren't in the kind of statutes of if-then statements. Right, absolutely. And so if you 00:09:29.920 |
have assets you want to leave to your neighbors or your close friends, the law just doesn't look 00:09:34.560 |
at that at all. It's either a family member or you're not. So if you have something like that, 00:09:38.880 |
you really critically need an estate plan in place. But with children, it's even trickier 00:09:43.760 |
because ultimately the court is compelled to do what is best for the child. So even if as a parent, 00:09:49.280 |
I say, "I want my neighbor to care for my child," and the court will look at that and it's very 00:09:53.840 |
unlikely. But if the court says, "Hey, this is a really bad decision for some unknown scenario, 00:09:59.200 |
maybe the neighbors have developed a drug habit or something like that that is unknown to me," 00:10:04.400 |
the court can actually step in and say, "We're going to overrule this decision and we're going 00:10:08.160 |
to pass the children to someone else." And it kind of leaves the court with almost too many options. 00:10:14.400 |
Should we give it to a family member? Should we give it to close friends or does the child fall 00:10:18.720 |
into the system, the foster care for the state? It's almost too open-ended and it leaves your 00:10:25.280 |
children with no certainty. And what's already, if you think about a tragic time, the loss of 00:10:29.280 |
a parent, it's a lot for a child to be expected to bear. Wow. So it's pretty clear that 00:10:34.480 |
everyone probably needs a will. What would actually happen, I'm just curious, if you 00:10:40.080 |
were in debt? Let's say someone actually had the opposite of ads, they just had liabilities. 00:10:44.880 |
Is that a rare circumstance where if you had no kids, no spouse, no desires for your remains, 00:10:52.320 |
it might be better to not specify who takes on those liabilities? Or what happens when 00:10:56.880 |
you die with credit card debt or a mortgage that you don't have enough assets to cover? 00:11:00.720 |
Yeah, that's a great question. So there's two types of debt. The first type is known as recourse 00:11:05.120 |
debt. And that's something that might be like your mortgage on your house. It's actually tied 00:11:09.360 |
to a specific property. And so that debt is associated with that property. If you want to 00:11:13.920 |
leave someone that property, they take it with that debt. The other type is something like maybe 00:11:18.480 |
your credit card bills. And that's just as a personal promise to repay that debt. The benefit 00:11:23.040 |
of that second type, your credit cards, any sort of normal outstanding loans, they don't evaporate 00:11:28.960 |
that death. They can be paid off from any assets in your estate. But if there are not enough assets 00:11:34.240 |
to pay down those debts, those debts just go away. They don't get passed on to your heirs. 00:11:39.280 |
As a general rule, there's some weird exceptions that might pop up here and there. So it's not 00:11:43.200 |
always a black and white scenario. But generally, you don't have to pass on liabilities to your 00:11:48.400 |
children. But you still need to account for that plan. Because if you don't have that accounted 00:11:53.680 |
for as part of your estate plan, you can actually have a creditor who will come in and say, well, 00:11:58.320 |
we're going to open up the probate proceeding, for example. And we're going to call the shots. 00:12:01.840 |
And we're going to run the show. So it may still not be in your best interest. 00:12:04.960 |
Even if you don't have significant assets, everyone has something of sentimental value, 00:12:08.480 |
whether it's a photo album or old furniture in your house is an antique. And it's something 00:12:14.960 |
been in the family a long time that a creditor is going to say, well, that's $50 at a consignment 00:12:20.480 |
shop. And they're going to look at it as dollar amounts. And it's going to deplete what could be 00:12:24.240 |
sentimental inheritance to your children, for example. 00:12:27.040 |
So I think that makes a lot of sense. Will, seems to be something that everyone listening should 00:12:32.880 |
have, at least over 18. What about all of these other documents? So I've written in the past about 00:12:39.920 |
the full estate plan. And I know in California, that's sometimes something that has to do with 00:12:45.920 |
avoiding probate. I don't generally know across the country what all the rules are. 00:12:51.120 |
But what would you say is the kind of core difference between an estate plan and a will? 00:12:56.880 |
And who needs to make the upgrade? Yeah, so I think the best way to think 00:13:00.880 |
about it is an estate plan is a set of documents. And then a state plan can contain a variety of 00:13:07.040 |
documents depending on your particular situation. Most typically, an estate plan will have at least 00:13:12.240 |
a will and a set of healthcare documents, maybe a power of attorney or a living will 00:13:16.720 |
or advanced healthcare directive, something like that. So that set is really the fundamental 00:13:21.120 |
building block of an estate plan. You can also add additional documents. So a trust, 00:13:26.160 |
a living trust, for example, is a very common additional document to be included in an estate 00:13:30.880 |
plan. And if you start getting in more complex situations, you might have other types of trust, 00:13:35.040 |
maybe your asset protection trusts or really charitable giving trust, anything like that, 00:13:39.280 |
that are really specific tools for specific use cases. Not everyone's going to have those as 00:13:44.160 |
part of their estate plan. But if you have that need, it is a great fit for your situation. 00:13:49.120 |
But that core set, will and healthcare documents. So fortunately, we're going to have Monte from 00:13:54.880 |
Valor on the show in a little bit. So we don't have to get into a lot of those complex things. 00:13:59.920 |
But I do think it would be good to walk through the basic documents. I know, 00:14:03.600 |
even I originally got confused when I was like, "Okay, so there's a will and then there's a 00:14:08.320 |
living will. And it turns out the living will is not the same thing as what you think of as a will. 00:14:12.640 |
So maybe we could just kind of step through the common components of an 00:14:16.000 |
estate plan and maybe start from the most common. So you said these kind of healthcare documents 00:14:21.040 |
and move towards and maybe end at the living trust and talk about what they are and who might need 00:14:27.440 |
them. Yeah. So you have the will. The will, the fundamental document, dispose of your assets at 00:14:32.000 |
death, nominate guardians for children, final arrangements. A will only applies at death. 00:14:37.600 |
It has no impact on you during your lifetime. Where you fill that out or kind of compliment 00:14:43.040 |
a will is with something known as healthcare documents. And this might be this group of 00:14:46.880 |
documents is sometimes known as healthcare documents or disability documents, incapacity 00:14:51.120 |
documents, a variety of names that might apply here. And within that group of documents, you 00:14:56.480 |
typically see something called a power of attorney. And then you see a healthcare directive or a 00:15:01.040 |
living will medical directive. Again, there's a lot of interchangeable terms here, but the basic 00:15:06.480 |
concept is these healthcare documents. These apply during your lifetime. So a will applies 00:15:10.880 |
after death, but healthcare documents apply during your lifetime and allow you to make decisions for 00:15:15.440 |
what should happen if you are alive, but unable to speak for yourself. So maybe you've had, you 00:15:20.480 |
know, a medical emergency, you're incapacitated, you stepped off the curb and got hit by that 00:15:24.320 |
proverbial bus, whatever it is that you're unable to make a decision for yourself at that time. 00:15:29.280 |
These documents can step in and kind of fill in that gap and either speak for you or nominate 00:15:34.480 |
someone else to make decisions on your behalf. Okay. And what kinds of decisions can you make 00:15:40.080 |
in advance? What do you need to specify? Kind of what goes into the nuance of creating them? 00:15:44.640 |
So each document does a little bit, each document does one thing a little bit different than each 00:15:49.280 |
other document. So that's why they're typically kind of coupled together as a set. The power of 00:15:53.680 |
attorney handles your financial affairs and essentially it's everything that's not medical. 00:15:58.000 |
So it ranges from banking and taxes to real estate, anything that you need to do as a 00:16:02.320 |
transactional matter other than dealing with healthcare, that's where the power of attorney 00:16:06.320 |
will fill in. And this essentially allows you to designate someone else to sit in your place, 00:16:11.360 |
step into your shoes and make decisions on your behalf. That's great to cover a wide range of 00:16:17.200 |
really common needs. The healthcare side, you have a set of documents known as either a living will, 00:16:23.280 |
an advanced directive, a medical directive. Again, a lot of different terms can be used 00:16:26.880 |
interchangeably. And these do two things. One, they specify your medical preferences. So what 00:16:32.720 |
type of care do you want to receive or not want to receive? You can make choices for yourself. 00:16:37.360 |
But the second thing they do is they nominate someone else again to fill in those gaps. 00:16:41.840 |
So if a decision has to be made and you have it spoken in advance, who answers those questions 00:16:47.280 |
for you? And that's the medical side that pairs with the financial side. Both of those two 00:16:52.480 |
documents together comprise the healthcare documents as a single unit. And I know for 00:16:58.400 |
having filled out these documents, one of the big decisions you often talk about is 00:17:02.560 |
kind of plans for life support. So for anyone listening, and you're kind of thinking, 00:17:06.800 |
"What kind of decisions would I want to make?" It's if you were in a coma, how do you want to 00:17:11.200 |
treat that? What kinds of... The options are often like, "Go at all expense to try and prolong my 00:17:17.760 |
life." Or if a doctor determines that we've done kind of as much as is reasonable, "Don't keep 00:17:23.280 |
going." So those are the kinds of decisions that you might have a different opinion on than 00:17:27.280 |
whoever's in charge. And you can specify in advance. Yeah, these are inherently personal 00:17:33.200 |
decisions. And so your choice is specific to you. No one else can make the same choice that 00:17:37.440 |
you would in that circumstance. They're also very difficult decisions. And so it's unfortunate for 00:17:42.560 |
anyone to be asked to make a decision with no guidance. That can be just incredibly overwhelming 00:17:47.920 |
for that individual to think, "What am I supposed to do? Am I going to hold a plug or leave them on 00:17:52.800 |
life support?" I mean, they can carry that doubt and potentially guilt for the rest of their 00:17:57.600 |
lifetime worrying if they made the wrong choice. So it's not always something you do for yourself. 00:18:02.000 |
It's really important for you to do this to think about those who are also still alive and making 00:18:06.480 |
decisions for you and what the benefit you can provide to them. And who would make that decision 00:18:11.360 |
absent these documents? If I hadn't nominated someone to be my healthcare... I'm guessing 00:18:16.320 |
the law stipulates, "Okay, if you have a spouse, the spouse makes a decision." Is it the same thing? 00:18:20.800 |
The closest living relative is kind of the person who gets to make the call? 00:18:24.160 |
It does. And it follows the same set of rules. They're different rules, but they're the same 00:18:28.480 |
structure, at least. So it'd be your spouse, your kids, your parents, closest living relatives. But 00:18:32.240 |
you can get into a situation if you have three kids and they're equally entitled to make a 00:18:35.840 |
decision and they disagree, what happens then? So it can be very important because you have to make 00:18:41.280 |
one single decision. And in many cases, you don't have time to work out a dispute or go to court, 00:18:46.960 |
get a court to intervene and make a decision on behalf of the three kids. Some of these decisions 00:18:51.280 |
are very urgent. So having a plan is really particularly important for healthcare decisions. 00:18:56.400 |
We've got a will, we've got your medical and your power of attorney documents to cover your 00:19:00.800 |
finances. What are other things people should be considering when it comes to their estate planning? 00:19:06.400 |
So the other core document that many people should look at is a trust. 00:19:10.000 |
And when I say trust, I mean a revocable living trust. There's a whole wide range of trusts, 00:19:16.400 |
but we're talking about a revocable living trust. The revocable part simply means that it's able to 00:19:20.720 |
be amended or changed or even revoked during your lifetime. And the living part just simply means 00:19:25.120 |
you create it while you're alive. So it sounds kind of complicated, but it's the workhorse of 00:19:30.640 |
modern estate planning. That is the document that the majority of individuals who look to add 00:19:35.920 |
something beyond a will will look to add a revocable living trust into their plan. 00:19:40.080 |
Like the will, it allows you to make decisions after death, but it also applies during your 00:19:46.160 |
lifetime. So a trust kind of blurs the line. It allows you to handle some of those lifetime 00:19:51.120 |
incapacity issues, but also allows you to plan for what happens after death, where your assets should 00:19:56.080 |
go, who should be in charge, things like that. I'll just flag for anyone listening. A lot of 00:20:00.480 |
times, we've all seen some TV show or movie where some kid gets a trust fund and there's 00:20:05.600 |
tens of millions of dollars. And I think my original knowledge of it was like, "Trusts are 00:20:10.720 |
just for millionaires who have so much money that they want to limit how much goes to their kids." 00:20:17.040 |
I've learned over time that that is true. There are lots of trusts. They're actually usually more 00:20:22.720 |
the irrevocable kind that have a lot of different tax and tax avoidance often benefits. And we're 00:20:29.120 |
going to talk about those a little bit later because I think it's really fun to understand. 00:20:32.800 |
But the revocable or irrevocable trust is really not a thing just for people with millions of 00:20:38.560 |
dollars. But who should be thinking about this? When does it make sense to say, "Okay, 00:20:44.640 |
a will and some of these healthcare documents is not enough. Let's look at the trust." 00:20:49.760 |
Yeah. So there are a few reasons you might want to look to add a trust to your estate plan. 00:20:54.640 |
And the first, if you focus on what a trust does, a trust gives you more control over the 00:20:59.360 |
distribution of your assets. When and how those assets are distributed to your beneficiaries. 00:21:04.480 |
So this might be useful if you have young children, you might want to look to add a trust 00:21:08.240 |
because that allows you to say, "Hey, I want my assets to go to my kids, but maybe not at age 18. 00:21:12.960 |
I want them to go at age 25 or split half at 25 and half at 35." You have a little more control 00:21:18.880 |
over when and how assets are distributed. Similarly, if you're in a blended family or 00:21:23.280 |
if you're a second marriage situation, a trust allows you to do a little more in terms of, 00:21:27.120 |
"I want to support my spouse, but I want to ensure that ultimately those assets 00:21:31.200 |
pass to my children. I don't want to worry about leaving everything to my spouse. And then my 00:21:35.360 |
spouse either getting remarried or leaving everything to my stepchildren with my kids 00:21:39.600 |
receiving nothing." So those kinds of complex family dynamic situations, it's a great option 00:21:44.560 |
for a trust. Beyond that though, a trust has one feature that a will does not. A will goes 00:21:51.360 |
through probate after death and it becomes essentially a public document. And a trust 00:21:55.920 |
stays private. So if you want to have a little privacy in your affairs, particularly after your 00:22:00.400 |
death, a trust gives you that and a will simply does not. But the primary reason for most people 00:22:06.000 |
to look for a trust is to avoid probate entirely. And that's something that a will, by nature of a 00:22:12.160 |
will, it goes through probate and a trust just simply bypasses the probate process entirely. 00:22:17.120 |
That can be a massive savings of not just time and effort, but money for a whole lot of people. 00:22:23.280 |
So I have a couple questions there. One, what is that general cost? And two, 00:22:27.920 |
at least in California, I've always heard this, "If you have less than $100,000 in assets, 00:22:34.240 |
a will can avoid probate. So think about a trust when you cross that threshold." 00:22:39.920 |
Is that still true? And what does the process look like? 00:22:43.120 |
Yeah. So the probate process, it deals after death. It allows you to essentially 00:22:47.760 |
prove that the will is valid, appoint the executor, carry out the terms of the will. 00:22:51.920 |
It seems like an orderly process. It's anything but. It can take, you know, 00:22:58.080 |
measured typically in months or years. In California, a two-year probate is close to 00:23:01.920 |
the norm these days. So the fees involved with probate, they vary by state, but then they also 00:23:10.560 |
vary by the facts of your particular estate. In California, the threshold was recently raised, 00:23:16.880 |
and it's now 184,000 of whether or not you can have some sort of short-form probate or if you 00:23:22.480 |
have to have a full probate. Once you reach that threshold, the amount that you're actually going 00:23:27.440 |
to pay in terms of fees and expenses, it's basically a percentage of the overall value 00:23:32.080 |
of your assets. But as a quick example, if you have a million dollars of assets in California, 00:23:37.680 |
you might look to pay maybe $50,000 of fees all out the door to get through the probate process. 00:23:45.280 |
And just to clarify, that million dollars is the gross value of your assets. So if you own a home 00:23:50.160 |
and you're heavily mortgaged, you maybe have a million-dollar home and 200,000 of equity, 00:23:54.320 |
you're still paying that 50,000 on the full $1 million value. You don't just look at the net 00:24:00.320 |
value of your assets. That $50,000 can be a pretty heavy bill for someone to pay on top of their 00:24:06.080 |
ongoing costs to maintain their standard of living. Where do those assets, they just pull 00:24:11.120 |
those assets to pay for probate out of whatever you had in your bank account and whatnot and sell 00:24:16.720 |
your investments and that kind of stuff? Yeah. If you have liquid assets available, 00:24:20.240 |
they'll come from that. Otherwise, you might be forced to mortgage a house or even sell assets 00:24:24.880 |
that are illiquid in order to generate these funds. And that can happen. You do see surviving 00:24:30.240 |
spouses who have to sell the family home because they cannot come up with the cash to pay for 00:24:35.440 |
probate or they can't maintain the mortgage payments after death, particularly with a loss 00:24:40.240 |
of a source of income. So life insurance proceeds, it's a great opportunity to pair life insurance 00:24:46.560 |
with your estate to ensure that there is cash available. But if you don't have that cash 00:24:51.440 |
available, it's coming from other assets. And ultimately, it's going to reduce the amount 00:24:54.800 |
that passes to your beneficiaries. So California, in many different ways, 00:24:59.280 |
is a unique state. How do the other kind of 49 states and commonwealths and territories compare 00:25:07.360 |
in terms of a hard threshold where things get really complicated? Or do many states offer that 00:25:16.080 |
kind of short form version of probate that maybe isn't as daunting or expensive or timely? 00:25:21.840 |
Yeah. Most other states are not quite as burdensome as California with respect to probate. 00:25:27.040 |
California, if it's not the worst, it's competing up there with maybe a couple other states to be 00:25:31.600 |
among the worst states in terms of probate. A lot of other states, it's a more streamlined process. 00:25:37.200 |
It's maybe closer to filing your tax returns. You're filling out some documentation, 00:25:40.560 |
submitting it. You got to have a lot of records to back it up. It's not quite as burdensome. 00:25:44.480 |
It doesn't take as long. It's not nearly as expensive, but it's still not enjoyable. 00:25:49.360 |
And so you have to bear in mind that you're doing this immediately following a death. 00:25:53.200 |
So there's a lot of emotion going on, a lot of just mental struggle happening. And then, 00:25:57.440 |
"Hey, let me go fill out this really complicated equivalent to a tax return." 00:26:00.960 |
It may be easier than California, but it's still something that a lot of people might look to avoid. 00:26:06.000 |
Without the fees of $50,000, you can definitely get away in a lot of other states without a trust. 00:26:12.080 |
So you don't necessarily have to have a trust in every state, every situation as a universal rule. 00:26:18.880 |
Many people still want to trust because it does have other benefits outside of probate. Those 00:26:22.800 |
additional control over distributions and the privacy benefits, but it's not necessarily the 00:26:27.920 |
probate factor alone requiring the use of a trust. Are there other states that if someone's listening 00:26:34.080 |
and in that aren't California that are equally challenging or maybe not as challenging, 00:26:38.800 |
but states where a trust might make a little bit more sense? 00:26:41.600 |
Yeah. So there are a couple of states. So New York is actually fairly difficult, 00:26:45.600 |
not surprising. It has a lot in common with California. You also get some interesting 00:26:49.680 |
things like Cook County in Illinois, not the whole state of Illinois, but Cook County in 00:26:54.080 |
Illinois can be difficult to go through the probate process. So as a general rule, if you're in a 00:26:59.040 |
bigger city or a higher net worth area, you tend to have a little bit more going on. The courts 00:27:04.960 |
might be more congested. So the whole process just gets a little more bogged down. If you're in the 00:27:09.760 |
Midwest, most of the states that tends to move a little more efficiently. So if you aren't sure 00:27:14.800 |
what your local rules might apply to you, just think about what it looks like if you were to go 00:27:18.320 |
to the county courthouse and try to get any sort of application. Is that relatively easy or is that 00:27:22.400 |
something you don't want to look forward to doing? And that should give you a direction of which way 00:27:25.840 |
to lean on how bad probate might be. I've gone through a couple different 00:27:29.040 |
processes in my life setting all these documents up. One time I had a legal benefit at work where 00:27:35.920 |
it turns out I could enroll. And I just did it for one year. I paid a couple, maybe $15 a month. 00:27:41.040 |
And at the end of it, I was able to go hire an attorney to drop these docs. And then full 00:27:46.480 |
disclosure, once we had our first child, I used trust and will. And that's how we put together 00:27:52.160 |
our whole estate plan. And I'm a big fan of the product. I'm not getting paid. You guys didn't 00:27:57.760 |
pay to come on. I just like the product. I've talked about it before. I am curious for people 00:28:05.840 |
listening, when does it make sense to download the template of a will that I'm sure there's lots of 00:28:12.560 |
free legal will templates? Maybe even the state provides one. When does it make sense to use a 00:28:17.520 |
service like trust and will or others that help you automate and create documents that you don't 00:28:23.040 |
have to fill out yourself? And when do you get to the point that it makes sense to work with an 00:28:27.600 |
attorney to drop something a little bit more custom? Yeah. So the hard part of trusting any 00:28:35.040 |
sort of free document is knowing, is this actually valid? Has this been updated? Does this reflect 00:28:40.480 |
the current laws? If I create this document, do I get what I think I'm actually expecting 00:28:46.560 |
to receive here? I would say what you're paying for, but that's nothing. So are you really getting 00:28:50.560 |
what you're expecting there? And unfortunately, I've looked at many of these free templates and 00:28:54.000 |
sometimes they're just not valid. So there's that huge risk there of what you get. Some of them are 00:29:00.080 |
good. So I'm not saying it's impossible to do it. And in some states, you can just pull out a piece 00:29:04.000 |
of paper and handwrite your will and you're good. You're out the door. The mechanics of it are less 00:29:08.400 |
difficult than somehow knowing what to say to carry out your intentions. So that's where you 00:29:13.280 |
might want to look at something like Trust and Will. And if you need to make a quick comparison, 00:29:16.240 |
Trust and Will is kind of like TurboTax for state planning. So yeah, you can download the forms in 00:29:20.560 |
the IRS and fill out your 1040 on your own, but most people would rather have a guided experience 00:29:27.840 |
through a tech platform like TurboTax. It just seems to make it all a little more 00:29:32.080 |
comfort inspiring. You get more peace of mind, a little bit easier. 00:29:36.480 |
Trust and Will, we really handle most needs for most people where we really start to have some 00:29:41.280 |
situations where you might want to go to an attorney. If you have really complex situations 00:29:45.360 |
or if you're expecting a fight after your death, it's probably worth it to go see an attorney. 00:29:50.160 |
Or once you get into really high net worth individuals, if you're over about $5 million, 00:29:55.120 |
we can still handle that at Trust and Will. Our documents are sophisticated enough to handle those 00:30:00.000 |
situations up to and including a taxable estate, 12 or 15, $20 million of total wealth. 00:30:06.240 |
But you're probably going to get a better value if you actually go and pay the $5,000, 00:30:09.360 |
$10,000 to have a custom document drafted by your attorney. $5,000, if you have $20 million in the 00:30:14.880 |
bank, not that big of a blow to you. But $5,000, if you maybe have $500,000 in the bank, it starts 00:30:20.080 |
to be a little harder to swallow that bill. That's really where Trust and Will fits in for most 00:30:23.920 |
people. Any other circumstances that might make someone say, "Okay, maybe working with an attorney 00:30:29.280 |
does make sense?" Well, special needs children is a particularly difficult situation. There's 00:30:33.680 |
a specific type of planning that can be done for that. Trust and Will doesn't currently offer that, 00:30:37.920 |
although that's something that's on our roadmaps. We hope to have that offered soon. 00:30:41.280 |
But that particular situation, if you want to account for a beneficiary who has special needs, 00:30:45.920 |
it's a great option to go say, "Hey, maybe an attorney is better for my use case." Beyond that, 00:30:50.800 |
if you have things like a prenup that requires certain payments to be made at death, or even a 00:30:56.160 |
divorce decree or a marital settlement agreement that says, "Upon my death, I ensure that I'm 00:31:00.560 |
going to leave X amount to my former spouse." You may need to have custom language inserted 00:31:05.760 |
into your documents. Typically, only an attorney can provide that and ensure that the language in 00:31:10.480 |
your documents complies with the requirements of that prenup or that marital agreement. 00:31:14.480 |
If you have a situation where you may think everybody's unique, and I don't want to say 00:31:19.280 |
anybody is boilerplate, no one's template. But if you have a situation where you go, 00:31:23.520 |
"I just feel like I'm not a good fit for this particular reason." You get that tingly feeling, 00:31:28.640 |
that might be enough to at least call an attorney, see what they say. Maybe you could find some 00:31:32.880 |
help. Maybe they go, "Oh, yeah, I can easily handle this. It's not a problem." And you get 00:31:36.000 |
a little guidance from them. But you kind of maybe use your own best judgment. If you feel that you 00:31:41.360 |
aren't going to be a good fit, you probably are worth paying a little bit more just to get the 00:31:45.280 |
peace of mind of having an attorney involved. Are there any financial or tax benefits other 00:31:50.320 |
than avoiding probate costs that come with setting up a will? Or sorry, come with setting up a trust? 00:31:56.960 |
So trust can have some tax savings opportunities, both on a federal state tax or even a state tax. 00:32:04.480 |
For most people, that's not applicable. The current federal state tax thresholds are so high 00:32:09.440 |
that it's just not something most people have to care about. But a trust can be used to at least 00:32:13.520 |
efficiently pass assets without incurring additional taxes. So if it's something that 00:32:18.480 |
you're concerned about, it can do that. But on the flip side of that, the trust also doesn't 00:32:23.360 |
really incur any additional taxes. While you're alive, a revocable living trust is essentially 00:32:28.560 |
disregarded from federal tax viewpoint. It's your alter ego. It's moving assets from your left pocket 00:32:34.240 |
into your right pocket. You don't need a new taxpayer ID number. You don't have to file a 00:32:39.040 |
separate tax return for assets in your trust. It's known as a grantor trust. But that just means 00:32:44.480 |
it's no change. So it's held in this vehicle of a trust that provides a lot of benefits, 00:32:49.520 |
but it won't negatively impact your tax status while you're still alive. 00:32:53.360 |
As someone who's gone through this process, usually you fill out a form, sign it, send it in, 00:32:59.280 |
the bank and the account now has a new title, but it's still your same account. You still get 00:33:03.680 |
your debit card with your name on it. It doesn't really change a whole lot. So I think when it 00:33:08.160 |
comes to a lot of the trust we'll talk about in a bit, the irrevocable ones, that changes a lot of 00:33:13.360 |
things. But in this circumstance, I think it just, it feels more fancy and technical because of the 00:33:20.400 |
way we've seen it in the media about kids with trust funds than it is actually more a document 00:33:25.440 |
to kind of just keep things more organized. But one of the questions that you have to figure out 00:33:31.520 |
is who's going to be the trustee of the trust if you were to pass and usually that is you and your 00:33:40.960 |
spouse might create it and the spouse takes over. Can you talk a little bit about that decision? 00:33:45.760 |
Because I think some people listening are probably going to go through this and have to think, "Okay, 00:33:49.360 |
who is going to manage these financial affairs? And let's say my kids are young and they're not 00:33:54.000 |
ready for the money. What happens to it? How do those decisions get made?" 00:33:57.600 |
So the trustee, they're kind of like the CEO of the trust. They have a lot of administrative and 00:34:01.920 |
financial responsibilities. And that includes everything from keeping records, paying taxes 00:34:07.760 |
after death, making sure the distributions are actually made. They also work with a lot of 00:34:13.040 |
professional advisors, whether it's a lawyer, an accountant, somebody like that. They have a lot of 00:34:18.080 |
maybe more sophisticated requirements. And so you also want to make sure that you have 00:34:24.000 |
someone that understands you and your decisions because they still have to exercise their own 00:34:28.000 |
discretion. Sometimes it's not a black and white decision. The trustee has to make a choice. 00:34:32.640 |
You want to make sure that that choice that is made is one that you would agree with. 00:34:36.800 |
So choosing someone who can handle all of those duties well, it can be difficult. 00:34:40.960 |
You're right. Most people do look to name a spouse or a child or a family member as their 00:34:44.960 |
trustee. But if you don't have a spouse or if your children are very young, they may not be 00:34:49.440 |
good choices. You can look to name a sibling or a parent, but is that the right person? 00:34:55.840 |
It's ultimately going to depend on what's right for you. The most common choices are spouse and 00:35:00.240 |
children and other near family members, close friends are a common option. There are business 00:35:07.280 |
partners that you can choose if you have a close working relationship. But if none of those apply, 00:35:11.680 |
there are professional fiduciaries or even a bank who can step in and serve as trustee. 00:35:16.880 |
They charge a fee for it, but it's more of a corporate approach. You know what you're getting, 00:35:21.280 |
you're opting into. I am choosing to have this bank serve as my trustee. They're going to make 00:35:26.640 |
very corporate decisions. But sometimes that's good if you don't have another alternative that 00:35:30.720 |
you can comfortably rely on to fill in and make those decisions for you. 00:35:34.080 |
For our circumstances, we didn't want to leave our children who right now are one about to be 00:35:41.360 |
born and two years old with money at that age, which I don't even know if you could legally do. 00:35:46.560 |
So this person was going to have to manage our assets until the right age, which meant 00:35:51.920 |
managing the investments. What happens when the funds that you're invested in pay dividends? Do 00:35:57.680 |
you reinvest them? When do you change asset classes? If you look at a trust that was maybe 00:36:04.240 |
written 10 years ago, you probably never thought maybe you'd want to invest some percentage of 00:36:09.200 |
your portfolio in cryptocurrency, but now you might. So for us, we thought about who can make 00:36:15.200 |
those kinds of investment decisions. And it was just a very different calculus than who do we 00:36:20.640 |
want to take care of our children? Those are just fundamentally very different. And so we didn't 00:36:27.840 |
choose the same person for that. And it was much more of an investment kind of mindset that we 00:36:33.200 |
wanted someone to think about and be fair with money. Because I think, am I right calling them 00:36:39.040 |
HIMSS clauses? There's like a phrase of what kind of discretion you give the trustee over things. 00:36:45.360 |
And that kind of really helped me think about who could make those decisions. 00:36:48.880 |
Yeah. It's a really important point. And it is a HIMSS clause, H-E-M-S, 00:36:52.400 |
health, education, maintenance, and support. You can talk to your favorite lawyer about it, but 00:36:55.920 |
it provides certain instruction as the terms of when assets can be paid out to a beneficiary or 00:37:01.120 |
when assets have to be held in the trust. But the bigger point is the person who fills the role of 00:37:07.280 |
the trustee best for you may not be the person who fills the role of guardian or fills the role 00:37:12.720 |
of executor, fills the role of your power of attorney. So the default many people think is, 00:37:17.920 |
"I'm going to name my spouse for everything." But that may work, but maybe your spouse isn't 00:37:23.040 |
the person who wants to handle these complex financial situations. So maybe you want to name 00:37:27.040 |
your spouse to care for your children, obviously, and make personal decisions for you. Maybe you 00:37:31.360 |
want to name your brother who's a tax lawyer to handle your financial investment decisions if 00:37:36.160 |
that's more suitable for your particular needs. So you don't have to name one person in every 00:37:40.800 |
role. You can name individuals that are suited for each particular role. You want to make sure 00:37:45.120 |
they're kind of coordinated and able to work together. But each role should be kind of accounted 00:37:49.680 |
for different or as a one-off, if you will. So it can be someone that serves another role, 00:37:54.800 |
but it doesn't have to be one person filling every fiduciary role throughout your estate plan. 00:37:59.200 |
And one thing we did, which I think isn't required, but we kind of wrote a side letter 00:38:05.920 |
for the successor trustee because they have this ability to control the health, the education, 00:38:12.800 |
the maintenance, how much... Do the kids go to private school or not? That's a financial decision. 00:38:18.080 |
The trustee would get to decide that. So we just wrote a letter to that person and said, "We want 00:38:23.040 |
you to know that here's how we would think about spending money on our children. Would we want them 00:38:29.040 |
to have some money to go on vacations or study abroad?" Things like that, where it was less 00:38:35.440 |
about we thought this person would make the wrong decision, but we just wanted to make it easier for 00:38:39.760 |
them to make the decision we would have made. So while I don't think you guys have built in a 00:38:45.520 |
feature to write a letter to a friend, which doesn't really need a product, but that is 00:38:49.920 |
something that we did on the side, just to make sure that we weren't doing what a lot of people 00:38:54.800 |
do. And if you Google online, there's some crazy Reddit posts about people saying, "Well, did you 00:38:59.920 |
decide that my kids will only be able to pay for... The trust will only pay for their college if they 00:39:05.440 |
get above a 3.7." And then someone said, "Well, I don't know. What if it's a 3.6?" And you get into 00:39:11.760 |
these really tough situations where if a kid were to get sick or have an accident, maybe their GPA 00:39:17.520 |
drops. Now you don't pay for their college. And so we took the approach of not trying to outline 00:39:23.440 |
every little nuance of everything that would happen, but to choose a person we trusted 00:39:27.520 |
and give them some guidance and give them the discretion to make those decisions. 00:39:32.000 |
That's always been my professional recommendation. It's really hard to predict the future, 00:39:36.800 |
but it's a lot easier to find someone that you trust and give them direction. 00:39:40.720 |
And then ultimately, you're just relying on them to make the best choice that they can. 00:39:44.480 |
As a parent, that's all you're trying to do every day is make the best choice that you can in a 00:39:48.480 |
situation. Nobody knows what next year is going to be like. If you'd asked us 5 years ago, "Were 00:39:52.320 |
we going to have a global pandemic?" No one would have raised their hand. If those of you who did, 00:39:56.800 |
we would have looked at it with skeptical eyes. But you can't predict the future. But what you 00:40:01.280 |
can do is you can pick people you trust. And if you can do that, and you can give them the guidance 00:40:05.920 |
in that letter of instruction, it may not be legally binding, but it's helpful. And sometimes 00:40:10.240 |
helpful is all you need. Do you have to tell or do you recommend telling all of these people this 00:40:15.520 |
thing? I know that one of the decisions that we had to make was, "Gosh, who we might want now?" 00:40:20.960 |
We actually thought about it in hindsight. We said, "Gosh, if we had to make this decision 00:40:24.400 |
5 years ago, some of those people are people that we're not as close to anymore." 00:40:30.800 |
Or maybe something happens to them. And we thought, "Gosh, if we tell the person who 00:40:35.280 |
is the trustee or the guardian now, and then we change it, that's going to be pretty awkward to 00:40:40.080 |
be like, 'Hey, I know for the last 4 years, I've thought you'd be good to manage my affairs.' 00:40:43.920 |
I changed my mind." Is this something you have to tell people about? 00:40:47.600 |
You don't have to tell anybody. You don't have to. But generally, it's a good idea to tell people. 00:40:53.840 |
And when I say good idea, what I mean is having that conversation in advance is one of the easiest 00:40:59.600 |
ways to avoid conflict or disagreement or dispute after death. You save so much hassle by having 00:41:06.480 |
that conversation up front. It's not easy. People don't want to have that conversation about death 00:41:11.200 |
in most cases. But it also doesn't have to be hard. It can be as simple as, "Hey, 00:41:15.920 |
I've created an estate plan, and I've named you as trustee. Are you okay with that? Also, 00:41:22.240 |
here's where my documents are in case something happens to me." You don't have to get into the 00:41:26.320 |
details, but you can at least inform people of the decisions. And if those decisions change later, 00:41:31.440 |
it can be as simple as, "Hey, I've updated my estate plan. I've named someone else as trustee 00:41:36.720 |
to fill these needs right now. But I still have these documents in this place." Or, "You're still 00:41:41.200 |
serving as my power of attorney." Whatever the update may be. People respect the information. 00:41:46.880 |
It's ultimately your choice. And is it worth trying to save an awkward conversation now 00:41:53.120 |
if you know that the likelihood is that you're going to wind up having 00:41:56.240 |
your family, your heirs, your beneficiaries dealing with that situation later on? 00:42:00.000 |
Most people, when they think about it, say, "I'd rather just go ahead and get this out of the way 00:42:03.920 |
and have maybe an awkward conversation. But I know I'm not going to have a fight that I'm leaving for 00:42:08.720 |
my family after my death." "I created my estate plan. Things change in life. How do you think 00:42:14.000 |
about when it makes sense to update them? Is that something you do every year or every time you have 00:42:18.560 |
a major life event?" Many people think of estate planning as a one-and-done situation. Unfortunately, 00:42:24.640 |
it's not that way. Estate planning should be something that evolves with your life. What's 00:42:29.760 |
good for you now may not be what's good for you in 5, 10, 20 years from now. Your estate plan 00:42:35.200 |
should change as your life changes as well. There's a simple rule at Trust & Will. We think 00:42:39.600 |
that after any major life events, you should look to update your estate plan. If there's been a 00:42:45.280 |
birth or a death, a change in marital status, anything like that, take a look at your estate 00:42:49.360 |
plan. But even if you haven't had any major changes and you look at your plan and you go, 00:42:53.600 |
"Everything's about how I still want this to be," every 3-5 years, it's worth just reviewing your 00:42:59.680 |
plan, maybe even refreshing it because the laws do sometimes change. You want to make sure that 00:43:04.080 |
you don't have a stale or an outdated plan. You want to make sure that your plan continues to 00:43:08.240 |
represent your interests and your desires. Any major life events, every 3-5 years, or if you 00:43:13.600 |
have some specific change, you need a new guardian, anything like that, go ahead and take a 00:43:17.360 |
look. Update your plan. It's really not that hard to get a plan updated once you have the first plan 00:43:22.960 |
And you just mentioned where you keep the documents. I'll share a company that I started 00:43:29.120 |
using on my own called Trustworthy, which is basically this family operating system where 00:43:34.560 |
you store all the documents that, while you're alive, are great for just managing between your 00:43:40.000 |
partner. And were you to pass, you can actually nominate people who find out in advance that 00:43:47.120 |
were something to happen, they could reach out to the company and get access to. 00:43:50.800 |
So we've put things like our estate plan, our insurance documents, just where we hold bank 00:43:56.560 |
accounts and financial accounts, all those kinds of different things we put there. And then just 00:44:02.960 |
sent a few friends that we trusted. Here's where they are. If something happens to us, 00:44:07.200 |
you know where to get them. So that's another company like Trust and Will that I use. 00:44:12.480 |
So my Trust and Will docs are in my Trustworthy account online. 00:44:16.480 |
That's great. Trust and Will, we've recently added the ability to upload additional documents to be 00:44:21.760 |
stored with your estate plan. It's a slightly different approach. Ours is typically focused 00:44:24.960 |
more on the estate planning side. But the ultimate goal is to make sure that all the documents that 00:44:29.200 |
you need, which includes your estate plan and things like your insurance documents, 00:44:32.640 |
other important information, they're available to the people who need them. 00:44:36.000 |
So absolutely, find a solution for that because having a will is the first step. 00:44:40.560 |
But having a will that no one can find doesn't do you any good. 00:44:43.760 |
You need to make sure that people know where that is, how to access it when they need it. 00:44:47.760 |
So it's important to have the document, but make sure that it's also still accessible when it's 00:44:51.760 |
needed. I've talked to a few people that have gone through this process. And unfortunately, 00:44:56.320 |
they got held up at the last step, which is getting all these documents signed and notarized. 00:45:01.680 |
It's been a couple years for me. Has anything evolved in the world of online notaries, 00:45:07.200 |
such that getting your documents signed and executed in a way that they're 00:45:11.600 |
enforceable by law is easier than driving to a notary or having a notary come to your house? 00:45:17.840 |
A little bit, but not enough. Estate planning, particularly wills are the last lingering 00:45:23.600 |
holdout in e-signatures and electronic notification online notarization. 00:45:27.840 |
You still typically have to have a paper document that you physically sign 00:45:31.760 |
with physical witnesses watching you sign it and take it to a notary. 00:45:35.600 |
It's very old school, very complex. There has been some improvement. 00:45:39.200 |
There are up to about 10 or 12 states now that have digital wills and the electronic will law. 00:45:44.400 |
So you can create and sign a document entirely digitally and make it a valid will. 00:45:49.200 |
It looks like that's going to be a continuing trend. And so hopefully, 00:45:52.880 |
more and more states will have that each year, but it is a slow process. 00:45:56.560 |
So it's still not the easiest thing to do. But it's also not that hard. You can go to a FedEx 00:46:03.120 |
store or something like that, pay a few bucks, get a notary, AAA store, ARP office. There are 00:46:08.320 |
lots of places to get a notary who can help you out. So the little bit of effort you have to put 00:46:12.720 |
in, it's more than it should be, but it's not enough to let you avoid having a plan in place. 00:46:17.600 |
That makes a lot of sense. Ask your bank. Some banks I've found are willing to do 00:46:23.200 |
notarization for free. Some of them are only willing to do it on non-estate planning related 00:46:27.920 |
documents. So we were fortunate when we were doing some stuff with real estate that Wells Fargo was 00:46:34.080 |
willing to notarize things for free. We were unfortunate that they were not willing to 00:46:37.520 |
notarize any estate planning documents. So we did a search on Yelp. We messaged some 00:46:43.680 |
mobile notaries and I was surprised that it was less expensive than I thought to get it all done 00:46:48.000 |
at once. We actually walked across the street to our neighbor's house and did it all there. 00:46:53.360 |
So we weren't asking them to be our witnesses and having to drive down. So that's another option 00:46:59.360 |
for anyone listening. Are there any other outside of the basics of document creation and some of 00:47:07.680 |
the stuff that I've written about or talked about that you think people should be thinking about? 00:47:12.960 |
Let's call it other tips, tricks, hacks on protecting your family, 00:47:18.400 |
things that you've picked up along the way that are worth sharing. 00:47:20.480 |
Well, I think the recommendation that I always give is to have that discussion upfront. Tell 00:47:25.600 |
people what your plans are. And if you have a plan, let people know, "I have a plan. 00:47:29.680 |
Here's where it's located." Maybe fill them in on some details. That is the number one tip. 00:47:34.400 |
But beyond that, you can really consider the importance of having backups plan in place. 00:47:40.080 |
You want to think about trying to over-plan rather than under-planning for any situation. 00:47:44.720 |
So your situation is unique. What I plan for may not meet your needs. What you plan for may not be 00:47:50.800 |
appropriate for my needs. So if you are worried about some particular specific scenario that may 00:47:56.400 |
only apply to you, or even if it may never apply to you, but it's just this nagging doubt in your 00:48:00.640 |
head, plan for it. Put a provision in place that will buy you that peace of mind just to know that 00:48:06.320 |
you have something there. That peace of mind, that self-confidence that is worth its weight in gold 00:48:11.440 |
for so many people. The relief that people feel once they've completed this process, they then 00:48:16.400 |
wonder, "Why did I put this off so long? This was A, not that hard. And B, I feel so much better." 00:48:21.600 |
But the last tip to make sure that your family has a plan in place as well. So if you have kids 00:48:27.920 |
and they're getting to the age of 18, talk to them about estate planning. It's awkward. It's 00:48:31.760 |
difficult, but you're a parent, you have to guide them into becoming adults as well. But if you have 00:48:37.200 |
siblings or parents that don't have a plan, guess who's going to be stuck dealing with that mess? 00:48:41.360 |
You are. So yeah, it's a bit of a self-interested conversation, but talk to your family members. 00:48:46.800 |
Do you have a plan in place? What do you want to happen? You can start that conversation 00:48:51.280 |
and ultimately not rely on them to start it, but you can start that conversation and you're still 00:48:56.800 |
both going to be better off for having raised the topic with your family members as well. 00:49:00.800 |
Any tips for that conversation? I imagine at least in my circumstance, my parents had never 00:49:06.560 |
really talked to me about their plans or anything like that. But I can see how it can come off a 00:49:11.600 |
little bit like, "Hey, how much money am I going to get when you die?" That kind of conversation. 00:49:15.760 |
Any suggestions for broaching the topic in the best way possible? 00:49:21.120 |
The easiest way to raise it is to start with yourself and say, "Hey, I've created an estate 00:49:26.000 |
plan. Here's where it's located." But it made me think, "Do you have an estate plan? 00:49:30.480 |
What can I know to ensure that your wishes are carried out after your death?" And that's the 00:49:35.840 |
focus is what can I do to ensure that you get what you've planned for? You don't have to talk 00:49:40.720 |
about specific assets. And if it comes up that like, "Hey, you've been named as my guardian 00:49:45.280 |
for my children," then you can have the conversation of, "Okay, well, what would you like to happen for 00:49:50.160 |
your kids? Would you want them to go to private school or public school? Do you want to go to 00:49:53.600 |
summer camp? What should you tell me that I can be as best a guardian as possible for your plans?" 00:49:59.600 |
Ultimately, you're trying to learn how to fill that expectation as best as possible. 00:50:04.880 |
And if you focus on it that way, most people don't see that as, "Oh, you're trying to figure 00:50:09.200 |
out what you're going to get when I die." It's not money-grubbing, greedy. It's really, "Oh, 00:50:14.000 |
how can I help you out with this?" And it tends to be received a little bit better. 00:50:18.080 |
That's really helpful. Big shout out to Trust & Will for partnering with us to get everyone 00:50:22.960 |
listening who wants to sign up a discount, allthehacks.com/trustandwill and you'll get 00:50:28.400 |
15% off any estate plan. Really appreciate you guys doing that. Anything else to share before 00:50:35.360 |
we wrap up? I always like to emphasize that Trust & Will has a wealth of resources available 00:50:41.200 |
to learn about estate planning. So if you have questions that haven't been answered today, 00:50:44.560 |
you're not sure what your next step should be, head to Trust & Will, check out those resources 00:50:48.640 |
and make sure that you feel empowered to take those next steps with your estate plan. Ultimately, 00:50:53.040 |
it's your plan, it's your needs. And if you feel good about the decision that you're making, 00:50:57.600 |
that's a win for everybody. So check it out. Trust & Will, that resource library is easily 00:51:02.000 |
available. Don't even have to sign up. There's lots of resources available for you there. 00:51:05.840 |
Yeah. Just to be clear, those resources are free. 00:51:08.400 |
They're just on the website for anyone to read. 00:51:10.320 |
Awesome. Patrick, thank you so much for being here. 00:51:13.440 |
I love it. It's been great. I enjoy speaking with you. 00:51:15.440 |
When we think about trust, we think about more advanced things. And so I'm not the expert here. 00:51:20.880 |
I wanted to talk to someone who I think really understands all of the advanced tactics people 00:51:27.040 |
are using to both avoid taxes now, avoid taxes in the future, be able to transfer money to their 00:51:32.800 |
children. So I'm really excited to bring on Mani from Valor, who has built an entire business 00:51:39.040 |
around this that's really interesting. Mani, thanks for joining me. 00:51:41.840 |
Really appreciate it, Chris. Excited to join you. And I'll give you a little bit of context on 00:51:47.840 |
those things that you're talking about. And so to give you context on ourselves, 00:51:52.800 |
at Valor, our entire idea is how do we use technology to make these tax and estate planning 00:51:58.480 |
tactics more accessible so that everyone can build wealth more efficiently? 00:52:02.080 |
And the problem we're solving is most of these things, your audience may know about it, 00:52:06.400 |
you may know about it, but it's a black box to most people. But let's start at the top of 00:52:11.520 |
what is tax planning and estate planning, which you've both mentioned. 00:52:14.800 |
When most people think about tax planning, it's how do they use legal tax rules, 00:52:19.760 |
things that the IRS has okayed, or the government has okayed, to reduce their taxes? So this could 00:52:25.120 |
be their taxes on their salary, their capital gains, their stock they've received from their 00:52:30.000 |
company, or their side hustles. It's how do you take advantage of whatever rules and opportunities 00:52:34.960 |
the government has laid out to reduce your taxes so you can keep as much income for your use during 00:52:40.400 |
your lifetime? That's kind of what tax planning is really focused on. Now, estate planning is 00:52:46.800 |
thinking about a little bit longer time horizon. It's taking the assets and the wealth that you, 00:52:51.440 |
your family have built up, and how do you pass on as much of that as possible to the next generation? 00:52:57.040 |
And kind of the big constraint here is the lifetime gift exemption. So I know this is 00:53:02.800 |
something you probably know about, Chris, but in the US, you're allowed to give, there's a 00:53:08.560 |
limitation on how much you can gift in assets to other people before the government starts to tax 00:53:13.840 |
it. So as of now, the individual limit is a little above $12 million. So that means as an individual, 00:53:21.440 |
you can give $12 million, or as a couple, a little above $24 million before the government starts to 00:53:27.200 |
tax your assets with the estate tax. - Which is a really high rate, right? 00:53:32.560 |
- Yeah, the estate tax is, it makes all other taxes look low. So just the federal tax rate 00:53:38.800 |
alone is 40%. It does graduate, but it gets to 40% pretty quickly. And that's just federal. So 00:53:46.800 |
then you can start to layer on state taxes on top of that, and it can get much, much higher. 00:53:51.760 |
Now, some of these state estate taxes actually start at levels below this $12 million, 00:53:56.080 |
depends on a state by state basis, but the federal is the most punitive. And that's primarily what 00:54:01.440 |
people are concerned about is, if they're trying to pass on as much of their hard-earned wealth to 00:54:05.600 |
their kids or grandchildren, how do they work around the estate tax? And this is where estate 00:54:11.920 |
planning comes into play. So it's a little bit different time horizon of, are you focused on, 00:54:15.680 |
how do you maximize assets for your use? Or how do you maximize assets for future generations, 00:54:20.720 |
or some combination? And that's where more of these different structures come into play, 00:54:25.600 |
like irrevocable trust. - Yeah, and we've talked a bit 00:54:28.800 |
earlier about the basics of estate planning. And I think what you're doing is interesting, 00:54:33.920 |
because it marries the two a little bit. Some of the tactics that we'll talk about are things that 00:54:38.720 |
you might be able to use, even if you're nowhere close to hitting $24 million with a spouse. And 00:54:45.360 |
some of them might be less ideal, or not worth it if you're not that close. And just so everyone 00:54:51.600 |
knows, I'm not an attorney. Monte, I don't think you're an attorney. This is not meant to be 00:54:56.080 |
personalized financial or tax advice. But we're just gonna explore some of these tactics that I 00:55:01.760 |
think are really mystified. You hear trust and people are like, "Oh, they're so fancy." I just 00:55:06.960 |
wanna break down a bunch of them and walk through them so people understand what they are, how they 00:55:11.520 |
work, how people are legally either avoiding or postponing taxes, and for many people, how they 00:55:19.920 |
could fit into their lives and when they make sense. - Yeah, that sounds great. 00:55:24.240 |
- I wrote a newsletter a few months ago, and I did my own research. And I'm not the expert 00:55:29.120 |
like you are. And I found... I'd known about a few of these, and I wrote about Gratz, 00:55:34.400 |
and Charitable Remainder Trusts, and Islets, and Family Limited Partnerships. Those are the 00:55:39.040 |
things I highlighted and wrote a paragraph on. And even in just preparing for this interview 00:55:44.000 |
and looking at your company, I realized, "Gosh, I really didn't know what I was talking about then." 00:55:47.520 |
And I caveated it with, "I don't know what I'm talking about, but this is my quick research." So 00:55:53.440 |
I'm glad we can clear things up. So maybe we start with Charitable Remainder Trusts. 00:55:58.240 |
- At a high level, Charitable Remainder Trusts are typically used for people when they're selling 00:56:04.000 |
highly appreciated assets, because you can take advantage of... Their core thing is their tax 00:56:10.560 |
exempt structure. And the easiest way to understand these, and the most relatable thing is, for most 00:56:15.440 |
people is, Charitable Remainder Trusts are very similar to a standard IRA that most Americans use 00:56:21.760 |
to build their wealth. IRAs, just as a quick reminder, it's Individual Retirement Accounts, 00:56:28.080 |
and the core benefit for most people is that you can contribute between $5,000 to $8,000 per year 00:56:33.520 |
to your IRA, and the assets grow in your IRA on a tax-free basis. Until you take money out of the 00:56:40.960 |
IRA, you can buy and sell the assets, and you won't pay taxes. And this is to the power of compound 00:56:47.600 |
wealth, which your audience obviously knows a lot about. It creates an incredible amount of wealth 00:56:53.920 |
for people over a long time period. Charitable Remainder Trusts are very similar to that. They're 00:56:58.800 |
also a tax-exempt structure where assets that are sold in the trust, you don't pay taxes on 00:57:04.880 |
until you receive a distribution from the trust. Now, the big difference and where this comes into 00:57:12.720 |
play is, there's a couple key differences. One, you can contribute an unlimited amount of assets 00:57:17.040 |
to a Charitable Remainder Trust instead of being limited to $5,000 to $8,000. So kind of a common 00:57:22.160 |
use case is if someone has paid off the mortgage on their house that they've lived in for 20 years, 00:57:26.880 |
and they want to sell it. They can't put it into their IRA, but they could move that house into a 00:57:33.040 |
Charitable Remainder Trust and then sell it and avoid the taxes on when they sell their house and 00:57:39.440 |
reinvest that money. So just to take kind of a quick example, let's just say the house is worth 00:57:44.880 |
a million dollars. And to keep numbers simple, their cost basis was close to zero when they 00:57:50.880 |
bought it. So they bought in a really great place that's exploded in value. If they lived in 00:57:55.760 |
California, they would probably, when they sell it, pay 35% or $350,000 in taxes and take away 00:58:03.280 |
650 grand if they didn't do anything. But instead, if they put it into a Charitable Remainder Trust, 00:58:08.880 |
they would upfront get about 10% of that value as a charitable deduction to write off their income. 00:58:14.240 |
So $100,000 charitable deduction. But critically, when they sell that million-dollar home, 00:58:19.920 |
the trust wouldn't owe any taxes on it. So it would keep a million dollars to reinvest, 00:58:24.720 |
to put into the market, or any of the other investment options that they're looking at. 00:58:29.760 |
And just kind of with simple math of if a million dollars invested at the market versus $650,000, 00:58:34.480 |
you're going to generate a lot more income and wealth for yourself. That's kind of the key piece. 00:58:40.800 |
So let's say you work at a company, you've got some shares. When they were granted to you, 00:58:45.120 |
they're really inexpensive and you exercise them. Now they're worth a lot. Yeah, 00:58:49.520 |
you could pay taxes and invest it. Or you could contribute these to a Charitable Remainder Trust 00:58:54.800 |
and then not pay the taxes because it is a charitable vehicle. And you get a deduction 00:59:00.240 |
for that donation. And then the trust can use that full million dollars to keep investing it. 00:59:04.400 |
So if you otherwise were going to donate a million dollars to charity, that seems comparable. But can 00:59:11.360 |
you talk a little bit about how this is not just something that is beneficial to charity, which it 00:59:16.880 |
is, but it also is beneficial to you? Yeah, it's a great question. This is where a lot of people 00:59:23.200 |
wondering like, why is it called a Charitable Remainder Trust? And kind of the way that this 00:59:26.880 |
works is every year from a Charitable Remainder Trust, or at least annually, you're allowed to 00:59:31.200 |
take money out of the Charitable Remainder Trust. That amount is set up front when you create the 00:59:36.400 |
trust of what percentage of trust assets it is. But that's kind of the critical thing is the core 00:59:41.280 |
part of this is that you're expected to get 90% of the value out of the trust, and the charity is 00:59:46.960 |
expected to be left about 10%. And that 10% that you leave behind, this is what enables the structure 00:59:54.640 |
to stay tax exempt, so assets can grow. And you only give that 10% at the end of the trust term. 01:00:01.040 |
And for most folks, this is at the end of their life. So they'll take their highly appreciated 01:00:07.360 |
equity in the company, they'll put it into Charitable Remainder Trust, they'll sell it, 01:00:11.360 |
they'll keep that entire principle in the trust, reinvest it, and then every year, 01:00:16.960 |
they can start to take distributions from that trust. And then at the end, they'll leave a 01:00:22.400 |
little bit piece when they pass away, that'll go to a charitable cause that they care about. 01:00:27.600 |
So it's kind of a... The easiest way to think about it is the government is giving you kind 01:00:32.240 |
of a 0% interest loan on your taxes, so that you can reinvest it in the market in exchange for 01:00:36.960 |
leaving a small percentage for charity at the end of the trust. 01:00:40.320 |
Yeah. And I've seen the calculators you make on your website. And because you're able to 01:00:46.480 |
invest money without paying taxes and grow it along the way, it turns out you end up 01:00:53.280 |
over your lifetime, usually with more money coming back than you would have otherwise. 01:00:59.120 |
So you actually... The charity benefits and you benefit. 01:01:02.800 |
Yeah, that's 100% right. If you're selling an appreciated asset, or if you live in a high 01:01:08.960 |
tax state, you will come out ahead personally by using a Charitable Remainder Trust to sell 01:01:15.040 |
the asset and do the money that you receive over time by being able to avoid that taxes. 01:01:19.520 |
And as like a cherry on top, a charitable cause will also benefit. But even if you ignore that 01:01:25.680 |
piece, you will personally benefit. And if you really care about the charitable cause, 01:01:32.240 |
Now, I know what you give up is a little bit of liquidity. So can you talk about the trade-off is 01:01:37.440 |
that million dollars in my example, you can't take it all out next year if you wanted it. 01:01:43.040 |
Yeah, exactly. It's a great call out of... The way these Charitable Remainder Trusts work is 01:01:48.000 |
every year you can take out a certain percentage of the assets. This is the downside and the benefit 01:01:53.760 |
is if you sold all those assets personally in your name, that $650,000 after taxes, 01:02:00.480 |
you can pull it out and do whatever you want with it at any time. The Charitable Remainder Trust, 01:02:05.280 |
you can only withdraw a certain percentage per year. That percent depends on how long you set 01:02:10.320 |
the trust up for. But let's just say you can pull out 10% a year. Instead of if there's a million 01:02:15.280 |
dollars in the trust, that means you can pull out $100,000 that year. Now, that means that you don't 01:02:20.400 |
have access to that full $650,000 or a million dollars. So you have less upfront liquidity. 01:02:25.760 |
And this is one of the key trade-offs you're making, is you get less upfront liquidity 01:02:30.400 |
in exchange for your assets being able to stay in a tax-free environment and continuing to 01:02:37.280 |
compound and grow on a pre-tax basis. So it's a little bit of the, "Do you need the money now, 01:02:43.280 |
or are you trying to create more long-term wealth?" And that tilts the, "Should you sell it 01:02:47.760 |
in your name or should you use this structure?" And it's not all or nothing. So if in a given year, 01:02:52.720 |
you were to make $2 million, you don't have to put all $2 million in any of these vehicles. You 01:02:57.520 |
could put 10% of it or 20%, correct? Exactly. So for instance, we have some 01:03:03.440 |
customers who are tech employees. And as part of the IPOs last year, they had a couple million 01:03:09.760 |
exit for their assets. And they ended up putting 50% into a shareholder remainder trust. 01:03:15.520 |
And then they sold the other 50% in their own name to buy a home. So it depends. It's not all 01:03:20.320 |
or nothing. And there's also one of the big benefits of these shareholder remainder trusts 01:03:24.640 |
is you don't have to put in all the assets up front. You can add assets. You can put a little 01:03:29.680 |
bit of assets initially. You can add assets a year from now, two years from now. They're fairly 01:03:34.480 |
flexible. So you don't have to make the decision up front. Now, this is an irrevocable trust, 01:03:41.440 |
which is part of why you get these tax benefits. So once you do put assets in, 01:03:46.480 |
you can't decide to change your mind after the fact. But you will start to get those distributions. 01:03:52.880 |
And you don't have to make that big decision up front. You can set up, put a little bit in, 01:03:58.320 |
add more over time, or you can split your shares up. So it's fairly flexible that way. 01:04:03.360 |
And ultimately, what people do just depends on your life situation. Do you have a lot of 01:04:08.160 |
big purchases coming out? Or life events changing in your life? Do you plan to take some time off? 01:04:12.880 |
Or do you not need the money and you want to reinvest it and create more long-term wealth for 01:04:17.040 |
years down the line when your kid's going to school or you want to take a couple years off 01:04:20.560 |
from working? That tends to be very situational dependent based on the person, their lifestyle, 01:04:25.920 |
what their needs are. One quick follow up. So yes, it's irrevocable. You can't take the money 01:04:29.840 |
out. But how much control do you have over the investment? Can you set it up in a way that you 01:04:34.480 |
have just a brokerage account and you can go in and trade and buy anything? Yeah, you can be in 01:04:40.800 |
charge of making your own investment. You can set it up to have a robo-advisor control it. You can 01:04:46.720 |
set it up so that you're making those investments. Charitable remainder trust, one of the great 01:04:50.720 |
things is you can invest in almost any asset. There's really just two restrictions. And this 01:04:55.680 |
is similar to self-directed IRAs for people that are familiar with it. There's what's called a 01:05:00.880 |
self-dealing prohibition where you can't invest in assets that you will personally benefit from. 01:05:06.320 |
So for instance, the charitable remainder trust could invest in a rental property for real estate, 01:05:11.040 |
which it's allowed to do, but you couldn't buy a rental property and then live in it yourself. 01:05:15.600 |
So as long as it's a passive investment, you can invest in it, can invest in real estate, stocks, 01:05:22.160 |
crypto, do angel investments for people in tech. There's a huge myriad of opportunities. 01:05:30.320 |
And really the restrictions are self-direct is self-dealing and taking leverage. You don't want 01:05:35.680 |
to create debt inside of the charitable remainder trust. So you don't want to be taking high 01:05:41.920 |
leveraged options or trades like that. But otherwise, it's a fairly flexible, which... 01:05:47.520 |
So for most people, they don't have to change their investment philosophy or what they want 01:05:51.040 |
to invest in or who's managing their investments. It fits into their lifestyle that way. 01:05:57.520 |
Awesome. Okay. So that's charitable remainder trust. I know grats are similar in that you 01:06:03.520 |
often want to donate highly appreciated assets. Can you talk a little bit about how they're 01:06:07.360 |
different? Yeah. So one key thing is, in most cases, the people that are benefiting from the 01:06:14.000 |
charitable remainder trust are the same people who put the assets in. So if you set up a charitable 01:06:18.400 |
remainder trust, in most cases, you're also going to be receiving those annual distributions from 01:06:22.800 |
the trust and benefiting personally, financially. Grats, that's kind of in the tax planning 01:06:28.160 |
situation. Grats fit more into the estate planning bucket of solutions, where grats are focused on 01:06:34.880 |
how do you efficiently pass on assets from one generation to the next and are really focused on 01:06:40.480 |
minimizing your estate taxes. So just to start with, grats stand for the grantor-attained annuity 01:06:46.960 |
trust. And kind of an interesting aside, the way that they were created was the previous favorite 01:06:53.440 |
estate planning tool was called a GRIT, and Congress tried to outlaw GRITs. And when they 01:07:00.320 |
changed the legislation to outlaw GRITs, they actually created a loophole that enabled grats, 01:07:05.600 |
which are significantly more exploitative towards avoiding estate taxes. So they took a broken 01:07:13.760 |
system, they tried to make it better, broke it and made it worse. Now, how do grats work? Grats 01:07:20.720 |
enable you, they essentially take advantage of, in most cases, an arbitrage between what is the 01:07:25.360 |
government's discount rate, or what is the government's assumed growth rate of assets, 01:07:29.600 |
and what do you actually achieve? So let's take kind of an example of saying you're starting with 01:07:34.880 |
a million dollars, and let's say the government's interest rate is 2%, where it was not that long 01:07:40.720 |
ago. Obviously, things are changing pretty quickly right now. So the government is assuming that 01:07:47.120 |
a year from now on that million dollars, you're going to gain 2%, or $20,000. Now, and the way 01:07:56.480 |
a grat is set up is that the grat, you set up for a number of years, and let's just say you set up 01:08:01.520 |
for two years in this example, it is going to pay you a, what's called an annuity stream, which is 01:08:08.000 |
why it's called a Grants Retained Annuity Trust, it's going to pay you a set amount of money. 01:08:13.120 |
Let's just say it's going to pay you $500,000 for two years. So in year one, it pays you $500,000. 01:08:20.800 |
Now, the government is going to assume that there's $520,000 left in the trust, because they 01:08:27.040 |
assume assets grow at 2% a year. And then in year two, it's going to pay you another $500,000, 01:08:32.640 |
and it's going to assume that there's that $520,000 grew to $530,000 after, and left $30,000 01:08:42.560 |
behind. That $30,000, from the government's point of view, is going to, in most cases, it's your kid 01:08:48.560 |
or whoever you're trying to have inherit your assets. So the government assumes $30,000 passed 01:08:53.520 |
on to your kid. Now, the reality that most of us know is your assets are probably going to grow 01:08:58.800 |
faster than 2%, right? The historical market return of the S&P is a little above 10%. So let's 01:09:04.640 |
say your assets are actually growing at 10% a year. So after year one, that million dollars 01:09:09.920 |
is worth $1.1 million. Okay, you lose $500,000. There's $600,000 left. After that second year, 01:09:17.520 |
when there's $600,000, there's now $660,000 left. That $500,000 then comes back to you, 01:09:24.720 |
and then there's $160,000 left in the trust. The government, from its calculations, 01:09:30.800 |
only says that you gifted $30,000 to whoever is the inheritor or the beneficiary of your grant, 01:09:38.560 |
even though you passed $160,000 on. So this is where you can essentially pass on, in this case, 01:09:44.640 |
$130,000 estate tax-free from a federal standpoint. And the big advantage here is the higher you can 01:09:54.560 |
grow your assets than the government's interest rate, the more you can pass on and avoid the 01:09:59.360 |
estate tax. And this is kind of your comment on highly appreciated assets, why it's become 01:10:05.280 |
so valuable. If you take, let's just say, startup equity or something that has a low 01:10:09.600 |
current market value, but you feel like there's a good bet in two years it's going to be worth 01:10:13.440 |
10 or 100x that value, the government's assuming if you put it in, it's worth $10,000 today. 01:10:20.080 |
And let's just say, three years from now, it's going to be worth $10 million. The government 01:10:24.800 |
is assuming that $10,000 is growing at 2% a year. So it's negligibly going to be worth 01:10:29.920 |
nothing in 10 to $15,000 in three years. All of that upside passes on without paying the estate 01:10:37.040 |
tax. That's so interesting. So it's probably not a tool that's useful to the average person who's 01:10:44.160 |
not even coming close to $24 million. But if you own a business or you own a piece of a business 01:10:50.240 |
that's worth 10s or 100s of millions of dollars, or you think you might, it could come into play. 01:10:56.320 |
But the purpose of this conversation is not to necessarily share every tactic that everyone 01:11:01.520 |
listening can use, but to unveil the mystery behind some of these things we hear about. 01:11:07.040 |
And so it's fascinating to hear how... And your example, by the way, was just for 2 years. I 01:11:13.760 |
assume if we continue that example for 20, 30 years, the compounding of the S&P at 10% 01:11:22.320 |
leaves a whole lot more than $30,000 or what would have grown at 2%. 01:11:26.640 |
Yeah, exactly. Every year that you do this, you're able to leverage the difference between 01:11:32.080 |
the government's assumed growth rate and what you can get to pass on even more value. 01:11:36.080 |
To this example, one of the more prominent examples was when before Facebook IPO'd 01:11:42.160 |
Mark Zuckerberg, Sheryl Sandberg, Dustin Moskovitz, they all set up grats. They took 01:11:48.240 |
the pre-IPO price of their Facebook shares, they put those shares in, they set up for I don't know 01:11:54.720 |
how many years. And then after the IPO, when the price popped of Facebook, all that appreciation 01:12:01.120 |
was able to pass on and avoid the estate tax. So this is to your point of if you have a family 01:12:07.440 |
business that's worth eight or nine figures, or you're already above that, it's a really powerful 01:12:12.800 |
tool to minimize those estate taxes and preserve as much of your hard-earned income for future 01:12:19.760 |
generations. That's so fascinating. Okay, we got a lot to get through, but I want to come back to 01:12:25.360 |
charitable lead trusts and less about appreciated assets, but still helpful to avoid taxes in a 01:12:31.920 |
high-income year. Can you talk a little bit about those? So charitable lead trusts are... The long 01:12:39.200 |
name of it is charitable lead annuity trusts. And this is a really powerful tool if you've got a big 01:12:44.240 |
bonus or short-term capital gains or high ordinary income to be able to write off your income today. 01:12:50.560 |
And the way that this works is you set up this charitable lead trust for a number of years, 01:12:55.200 |
let's just say 20 years, and you're putting money into, let's say you put a million dollars into a 01:13:00.480 |
charitable lead trust. You get a million dollar charitable deduction today to write off your 01:13:05.680 |
income, but you're not giving that entire million dollars away now, you're actually able to reinvest 01:13:11.760 |
it. So you're able to take that million dollars, you put it in charitable lead trust, you put it 01:13:16.240 |
into the market where it's going to grow 10% a year, 8% a year, whatever you assumed is, 01:13:21.840 |
and you get a charitable deduction now. Probably wondering like, why would you get a charitable 01:13:25.840 |
deduction now if you're not giving away the money? It's kind of similar in some sense to 01:13:30.080 |
a donor advice fund, where with a charitable lead trust, you're promising in the future years to 01:13:36.000 |
give away a set amount of money to a charitable cause. So it could be a donor advice fund, 01:13:41.360 |
could be a foundation, could be the American Red Cross, but you're promising to do that in the 01:13:45.520 |
future. And so you can say that in year two, I'm going to give $10,000, year three, $15,000, 01:13:52.080 |
year four, $20,000. And when you are setting up this charitable lead trust, essentially the 01:13:57.120 |
government is taking their interest rate, and they're figuring out what is the present value 01:14:01.760 |
of their future donations. And so they're taking that and they're giving you an upfront charitable 01:14:10.000 |
deduction for the present value of those future charitable deductions. Now, a big part of this 01:14:15.360 |
advantage is that discount rate that they're using, it's again, to the same kind of example 01:14:22.560 |
as a grant, it tends to be lower than what you would be able to get if you invest your assets 01:14:26.720 |
in the market. Right now, it's 2.2%. And I'm willing to bet that the markets are a little 01:14:33.440 |
bit choppy now, but in a long time horizon, most of us would hope to achieve a better than 2.2% 01:14:38.400 |
return in the market. So you're able to write off your high tax income now, 01:14:43.760 |
reinvest that money in the market, and give those charitable donations in the future. 01:14:49.520 |
And any appreciation above what is donated to charity, you're able to at the end of the trust, 01:14:55.680 |
so in 20 years in this situation, keep that money for yourself, or have that money returned back to 01:15:00.960 |
yourself or future generations. So it's a great opportunity for folks that you can write off high 01:15:07.600 |
tax income now, reinvest that money, and then give to charity later in the future. And if people are 01:15:14.960 |
just also charitably inclined, it's a really good way to set aside money to go to a charity in the 01:15:22.320 |
future. Very comparable to a donor advice fund, except it also has some tax planning and estate 01:15:29.200 |
planning benefits if those matter to you as well. But it also just guarantees that, hey, this cause 01:15:34.720 |
that you care about, you're going to set them up to receive X amount of money for how many ever 01:15:39.760 |
years you set up the trust. So it has a lot of purposes, but it's really underutilized for folks 01:15:46.400 |
who have a big bonus or a high tax year. I know the assumed interest rate affects 01:15:52.320 |
everything and the government's interest rate changes. But if you take an example of a million 01:15:56.400 |
dollars, you get that full write off, you put a million dollars in a charitable lead annuity trust, 01:16:01.840 |
you're going to end up donating probably at least a million dollars to charity. 01:16:06.960 |
But because of the arbitrage, do you end up getting back a million dollars? 01:16:12.800 |
What ends up coming back, kind of ballpark it over 20 years or whatever is the easiest example? 01:16:18.320 |
Yeah. I mean, the easiest way to think about this is the longer you set this structure up for, 01:16:23.520 |
and the faster your assets grow, the higher the rate. So if you set this up for 25 years and your 01:16:28.960 |
assets are growing at 10% a year, you may get a 50% return on your capital than if you had done 01:16:35.440 |
nothing at all. So it may be an additional $500,000 in absolute cash that you're going to get on top 01:16:41.840 |
of that kind of whatever that million is going to compound to. 01:16:45.520 |
In a circumstance like this, I would give away a million dollars into a charitable lead annuity 01:16:51.520 |
trust. There would be donations made over the years and I'd get the remainder. Had I not done 01:16:56.800 |
that, I would have paid taxes. And I probably, if you're in the highest brackets in California, 01:17:02.400 |
I might have paid half a million dollars in taxes and I'm left with half a million to invest. 01:17:07.760 |
Would I have been better off ever? If I don't factor in the charitable donation, 01:17:12.720 |
do I actually ever end up being better off over a period of time? If we assume a higher interest 01:17:18.640 |
rate, like you said, 8%, 10%? Yeah. I mean, this is where you can 01:17:22.560 |
generate an additional half a million dollars. And this is the whole point. Take your situation 01:17:27.760 |
that you brought up. If you're in a high tax rate place like California, you earned a million 01:17:31.920 |
dollars. You may pay literally half of it or more, the government. So you only have $500,000 to invest 01:17:38.400 |
versus if you're able to avoid taxes on that million dollars. If you have $500,000 in the 01:17:43.680 |
market versus a million dollars being reinvested in the market, that million dollars is going to 01:17:50.240 |
create a lot more compounding wealth. That million dollars, you're going to give some of that to 01:17:56.400 |
charity every single year. But just that million dollars compounding at 8% or whatever our assumed 01:18:02.080 |
growth rate is here, it's going to over a long period, over 20 plus years, 25 years, it's going 01:18:06.560 |
to create a lot more wealth. For 25 years, taking a base case, you'll probably create an additional 01:18:11.280 |
half a million dollars of wealth for yourself after taxes. 01:18:14.240 |
Not factoring in the fact that you're generating probably at least that or more in charitable 01:18:20.080 |
contribution. Yeah. So it's really like you're 01:18:23.360 |
creating an additional half a million dollars of wealth for yourself, plus you're creating 01:18:26.880 |
probably $1.2-$1.3 million in charitable causes to help advance things that you personally care 01:18:32.720 |
about. So you're doing good in the world, you're creating wealth for yourself. It's a really 01:18:37.360 |
powerful combination. And I don't know why, but for some reason, it seems like every time I talk 01:18:41.520 |
to someone from New York, they all seem really excited about islets, which I know are related 01:18:47.200 |
to life insurance. Is it as awesome? Is there a reason why it's so great in New York? What's 01:18:53.200 |
the... I don't understand, as I read them, why they are as cool as some people make them sound. 01:18:59.280 |
Yeah. So insurance is its own interesting niche, but a world where there's a lot of tax 01:19:08.640 |
opportunities. Now, a big advantage of islets, the core thing is it tends to be more of an 01:19:13.920 |
estate planning structure. The big advantage is you can buy... Essentially, an islet stands for 01:19:19.680 |
irrevocable life insurance trust. And what you're really doing is you're buying life insurance, 01:19:25.360 |
you're putting it into this irrevocable trust. And so you're really gifting the benefits of life 01:19:30.320 |
insurance. So i.e. the payout when you pass away to your kids or spouse or whoever it is. 01:19:36.880 |
The big benefit is hopefully when you buy your life insurance, your risk of dying is pretty low. 01:19:43.280 |
So your life insurance is valued at a pretty low rate. So let's say it's worth $100,000 now. 01:19:48.800 |
It's worth $100,000, you put it in this irrevocable trust. Over time, you will continue contributing 01:19:54.640 |
the premiums towards the life insurance and that money in the life insurance is being reinvested 01:20:00.480 |
in the market or it's increasing the value of the policy as you naturally get older. 01:20:04.240 |
And let's just say when you pass away, it's worth $5 million. That $5 million doesn't count towards 01:20:11.120 |
your state gift limit. Because you contributed the asset when it was worth $100,000, it only 01:20:16.720 |
counts if you give a $100,000 gift to your kids or your future generations, even though when you 01:20:22.560 |
pass away, it may be worth $5 million. That's the key benefit is you're able to essentially lock in 01:20:29.600 |
a low gift value and allow it to appreciate over time. Now, why is it so big in New York? I don't 01:20:36.000 |
know. There's also a big thing to kind of probably watch out with life insurance is there's a lot of 01:20:40.640 |
people who take a lot of cuts of the pie when they're selling it to you. And it tends to be 01:20:44.640 |
really lucrative for brokers, agents, advisors. So people do love to sell life insurance because 01:20:51.360 |
they know they're locking you in for a really long time horizon. And so there's a lot of 01:20:55.600 |
commission that gets spread out. I don't know if that impacts New York, but it is definitely a 01:21:01.840 |
powerful tool. But I don't know if it's quite as important for folks who aren't worried about the 01:21:08.720 |
estate tax to start with. Yeah, my advice for life insurance has always been that term life is like 01:21:14.880 |
the thing that makes sense for almost everyone. And unless you're working with an accountant and 01:21:19.680 |
an estate planning attorney that together decide that there's some more complex way to take 01:21:24.720 |
advantage of whole universal etc. life set in a trust or even... And we won't go into it now. 01:21:31.040 |
But private placement, life insurance, these other things. One, stick to term life. And two, 01:21:36.880 |
almost all the other strategies are not really as beneficial unless you're kind of at approaching or 01:21:43.280 |
over that 24 million estate tax limit. Yeah. Yeah. And that's... I mean, this is like 100% 01:21:50.000 |
agree with that. I think in most cases, people a lot of times overthink this or they get sold to. 01:21:54.880 |
Most cases, people should just do kind of the standard, right? Like this term life insurance, 01:21:59.600 |
you know what it is, you know what you're getting, you're not being sold to and kind of being ripped 01:22:02.800 |
off. And unless you have really particular needs, or a team that's getting each different answer, 01:22:10.320 |
where it's like PPLI, etc, which makes sense in certain situations, it's better to keep it simple. 01:22:15.920 |
I agree. I even had a listener send me an email and say, "Hey, I spent the last 10 years selling 01:22:22.080 |
whole life. Please don't tell anyone on your show to buy it. I won't name who they are because I 01:22:26.800 |
don't want to get them in trouble with their job. But even a guy who sells it said he wouldn't 01:22:31.680 |
recommend it." So... And ultimately, what I understand is with this estate tax limit, 01:22:37.600 |
all of the estate tax planning tactics are really just about trying to take a bigger amount of 01:22:43.760 |
money and fit it into a smaller amount now so that you can donate it when it's less and counts less 01:22:50.160 |
towards your limit. Another one that I know I found, which is outside of the kind of trust world, 01:22:55.760 |
so I'll do my best to explain it, is around setting up a partnership or an LLC for your family. 01:23:02.480 |
And the way I understood it was, you create this LLC, you put assets in it, or a partnership, 01:23:09.120 |
and you give the value of that business goes to your heirs, but the control of the asset stays 01:23:17.680 |
with you. And so the IRS will give you this benefit of saying, "Oh, well, if you're giving 01:23:22.960 |
your children a business that has $50 million, but you control all of it, and they don't get 01:23:29.360 |
to choose what happens, well, you could lose it all. You could make terrible investments. 01:23:33.280 |
So we're going to give a huge discount." And I don't know what that discount is. Let's call it... 01:23:37.120 |
I think it's closer to like 80%. So now you're able to say, "Oh, I'm giving my kids a $10 million 01:23:43.600 |
business instead of a $50 million business." And then when you pass away, well, the control is 01:23:49.920 |
transferred. And so my understanding is that all these estate planning tactics are like, 01:23:55.040 |
"How do you find a way to give large sums of money, either now or in the future, 01:23:58.480 |
today, when you can price them or value them at a lot less?" 01:24:04.400 |
Yeah. And there's really kind of... That nailed it on the head. And there's kind of three 01:24:08.080 |
descriptions people often call this. They call it of like, "How do you freeze? How do you gift 01:24:12.640 |
values?" And it's called the freeze. You freeze it at its current value when you expect it to 01:24:17.280 |
appreciate it in the future. So you gift... Let's just say you have startup equity or something you 01:24:21.600 |
expect to appreciate significantly. You gift it at the value, at the low value today. And then when 01:24:27.200 |
it appreciates in the future, it's already in the ownership of a trust or your kids. And that future 01:24:32.720 |
value doesn't count as your gift value. So that's the freeze. There's also a term called the burn, 01:24:37.600 |
where it's how do you... Whether it's you paying taxes, this is where grats come into play. 01:24:42.080 |
So in a grat, even though the assets, some of the money is coming back to you, all the 01:24:48.160 |
appreciation passes on to your kids, you are liable for the taxes that are paid on assets, 01:24:54.880 |
income realized in the trust. And the big advantage of this is you're literally... By 01:24:59.120 |
paying the taxes personally, you're reducing the value of your estate. So in other words, 01:25:03.760 |
you're burning down your estate. And then kind of the third category is discounting. And this 01:25:08.320 |
is where it's whether it's control with kind of these family partnerships of... You can do all 01:25:13.440 |
sorts of... Structure these things in all sorts of different ways, whether it's control, or it's 01:25:18.480 |
hard to value asset, or you reduce the intangibles. How do you reduce the value below what you probably 01:25:26.400 |
think it's worth or what you can actually realize in the market? There's kind of a famous example 01:25:30.640 |
where Phil Knight, the founder of Nike, took Nike shares, put it in an LLC, and then he gifted parts 01:25:39.280 |
of it over time to his son. And each time he gave it to his son, it was at a discount because it was 01:25:45.040 |
a non-controlling interest. And so he's able to take something like a 15 or a little bit higher 01:25:50.320 |
discount on those assets, even though Nike shares are very liquid. We can sell them at any time in 01:25:55.440 |
the market, but because it was part of this structure, they're able to discount it. And so 01:26:00.960 |
as a result, from an IRS standpoint, he was giving less value, which means there is less taxable 01:26:07.520 |
gifting that he had to pay to the government. Yeah, I'm holding this document up here that I 01:26:13.600 |
got from Morgan Stanley at a conference... Not a conference, like a talk once. 01:26:18.720 |
And it's like, "Here are the better outcomes of using all these strategies." And in this case, 01:26:22.720 |
it's a crazy one that I'll just run through. Not the numbers, but it said, "If you just set up a 01:26:28.240 |
basic revocable trust and you transfer money, and you have exactly $45 million, by the time your 01:26:35.520 |
children get the money 30 years later, you're going to have $281 million, but you'll pay $112 01:26:42.480 |
million in taxes, and they'll only get $190 million." And they're like, "But if you go 01:26:48.080 |
through..." And in this example, they set up a family limited partnership, a GRAT, and a revocable 01:26:53.440 |
trust, and then two defective irrevocable trusts. So it's the most complex, insane example that... 01:27:00.160 |
By the way, if you have $45 or $50 million, you're probably working with someone to do stuff like 01:27:04.960 |
this. But at the end of the day, it says, "Your net estate post-tax with this example was $500 01:27:10.960 |
million versus the $198 million that you would have paid in the previous example, netting you 01:27:17.520 |
an extra $300 million." So these are just... We talked about some of these strategies. 01:27:23.200 |
And while they might not practically be relevant for most people listening, 01:27:27.600 |
it's pretty crazy to dig into the way they work for certain people and how they're able to unlock 01:27:34.880 |
in this case, hundreds of millions of dollars of value. There's one more thing that you guys do 01:27:39.840 |
around stretch IRAs that I think might actually benefit people who are in circumstances like this. 01:27:47.440 |
Correct me if I'm wrong. Do you want to talk a little bit about that? 01:27:50.400 |
Yeah. And just before I get into that, to your point, it's kind of crazy. There's a lot of 01:27:55.840 |
these things like the Black Arts, where people you hear about these trusts, and for most people, 01:28:00.400 |
they don't mean much, but the returns are pretty incredible. In that situation, it's an additional 01:28:05.200 |
$300 million on $200 million of assets. And these things, whether you have $50 million or a couple 01:28:12.960 |
of $100,000, there's a lot of these opportunities. Now, the big challenge for most people is... 01:28:17.600 |
Kind of a sad fact is the US tax code for the last 50 years has grown by 150,000 words a year. 01:28:24.960 |
What that practically means for you, your audience, they're smart, they're trying to learn 01:28:29.440 |
these things. There's just no way you can keep up. And so what this means is unless you have that team 01:28:34.720 |
of lawyers and accountants, you're going to miss out on these opportunities and you're going to 01:28:38.880 |
significantly fall behind. And that's kind of... I mean, not to get too biased, that's the problem 01:28:45.200 |
we're trying to solve is how do we use technology to help people find and take advantage of these 01:28:48.880 |
opportunities? Because otherwise, the tax code is not built for someone who doesn't have high 01:28:54.160 |
nine figures. It's funny, you mentioned someone who has $50 million. Most of the situations we 01:28:59.200 |
see in this world is there's folks with that, they don't actually have access to good folks in this, 01:29:03.760 |
because it's one of the hardest things to get access to is high quality folks who can help you 01:29:07.920 |
with this tax and estate planning. Because guess what? All the family offices with billionaires, 01:29:12.880 |
they tend to snap up the best folks in those spaces because it's just so valuable. You're 01:29:18.000 |
talking about those results that you're seeing there, that's hundreds of percent of additional 01:29:21.360 |
value for your children. If you're a billionaire, what price aren't you going to pay? And there's 01:29:26.400 |
no way that me or you or your audience can compete on a per hour basis or salary to hire that best 01:29:32.240 |
person that that billionaire wants. And so that's kind of... It just creates this huge 01:29:37.200 |
challenge for folks to take advantage of this stuff, despite how meaningful it is. 01:29:41.760 |
But jumping to the stretch IRA piece, this is probably one of the most applicable things for 01:29:51.600 |
most people of tax planning opportunities. For context, most Americans, when they're building 01:29:58.800 |
wealth for their retirement and their financial safety net, they use either a standard IRA or a 01:30:05.120 |
Roth IRA. These are trusts, they're actually irrevocable trusts that the government has 01:30:10.800 |
specifically created and outlined benefits for to help people better save assets for their retirement. 01:30:17.360 |
And with a standard IRA, it allows you to contribute pre-tax money and it allows the 01:30:23.280 |
assets to grow in an IRA on a tax-free basis until you start taking withdrawals after you're 59 and 01:30:28.800 |
a half. Now, historically, when people pass away and they have an IRA with money, they would do 01:30:36.560 |
what's called over a stretch IRA or a rollover IRA, where let's say it was my parents. Their IRA would 01:30:43.120 |
roll into my IRA. And so it would stay on a pre-tax basis, and it would keep growing and 01:30:48.480 |
compounding. And I would wait until I'm 59 and a half to start taking distributions and paying 01:30:54.560 |
taxes. Now, in 2020, there was a law called the Secure Act passed, which essentially stopped 01:31:02.320 |
people from being able to roll over their IRA between generations. So now instead of my parents' 01:31:07.520 |
IRA being able to roll over into my IRA, I have to keep it in their account and I can keep it in 01:31:13.680 |
their IRA for a max of 10 years. And then when I do withdraw it, I have to pay ordinary income tax 01:31:19.040 |
rates on all the withdrawals. So if you're in California, New York, you may be paying 50% to 01:31:24.400 |
55% of those assets. The solution that's come about since the Secure Act was passed in 2020 01:31:33.920 |
is people taking their parents' IRA, being willed and rolled over into a charitable remainder trust. 01:31:40.640 |
And the big benefit of this is when it passes the charitable remainder trust, 01:31:46.240 |
it can remain in there for more than 10 years and keep compounding on a pre-tax basis. 01:31:51.440 |
So you get a lot of the benefits of the stretch IRA, where instead of rolling over from my parents' 01:31:56.640 |
IRA to my IRA, it is rolling over from my parents' IRA to my charitable remainder trust, 01:32:02.880 |
but can keep growing on a pre-tax basis and isn't constrained to 10 years. 01:32:06.960 |
And once it's in the charitable remainder trust, the appreciation after that rollover 01:32:14.400 |
isn't taxed at ordinary income rates. So that appreciation isn't going to be taxed at 50%. 01:32:18.160 |
If you're in California, it'll be taxed at 35% long-term capital gains. 01:32:23.360 |
So you get more pre-tax growth, as well as you can pay lower tax rates on the withdrawals. 01:32:28.960 |
So we see a lot of folks who are, parents are getting elderly and they're planning for how do 01:32:35.920 |
they pass on these assets, particularly a lot of financial advisors who are trying to help their 01:32:40.160 |
clients for intergenerational planning, really roll this out to their clientele for them to help 01:32:47.200 |
create more wealth in the family, preserve that. And it's also right now, it's because it's 01:32:51.680 |
Secure Act was just passed in 2020, most folks aren't aware of the best way to deal with it. 01:32:58.000 |
Because again, unfortunately, the tax code isn't accessible. And so you've got a lot of folks where 01:33:02.800 |
they have money or they've earned, they've contributed money to their life, but it's 01:33:07.600 |
really hard to figure out what do I do? And even though it is meaningful, it's a tough challenge. 01:33:13.920 |
I mean, you said some of the tax code is not accessible, but on top of that, 01:33:18.000 |
a long time ago, before I think the kind of myths of the kind of tax avoidance trust to 01:33:23.840 |
avoid state taxes, which we won't get into now, because I think it kind of came out that a lot 01:33:28.560 |
of states outlawed them. I was looking into this and I realized, "Oh, wow." One of the reasons that 01:33:34.800 |
this isn't easy for people to do is that the cost to administer these trusts and to set up the trust 01:33:40.560 |
were so high that I spent all this time talking to someone and found out, "Wow, this is a great way 01:33:45.600 |
to maybe avoid high California taxes," only to find out they were like, "Well, it's going to 01:33:50.560 |
cost us $25,000 to set up a trust, and you're going to pay 1.5% a year for someone to manage 01:33:56.080 |
and administer it and do the investments." And I was immediately like, "Well, you should have said 01:33:59.680 |
that upfront because we're not talking about... I didn't have enough money for that to make 01:34:03.760 |
any difference." But can you tell us a little bit before we wrap about how you guys are trying to 01:34:11.280 |
make this a little bit more accessible and affordable, especially for people that might 01:34:16.720 |
benefit from the charitable remainder, the charitable lead trust, which aren't necessarily 01:34:21.760 |
tools for people with $24+ million? Funny enough, the situation you talked about, 01:34:28.000 |
that was the reason I started the company, was I went through that exact situation. 01:34:31.760 |
And when I saw lawyers' costs and accountants' costs, it's what actually made it the ROI negative 01:34:37.200 |
for me to set it up. And going through that process, you realize there's a better way to do 01:34:42.160 |
it. And so the idea behind Valor is we've automated a lot of this setup and administration for these 01:34:47.600 |
charitable remainder trusts, charitable lead trusts, and graphs so that there are no legal 01:34:52.560 |
fees upfront. So instead of paying that lawyer $25,000, you're avoiding that. And then also the 01:34:57.840 |
kind of annual fees to administer these trusts, we've dropped those. Compared to that situation, 01:35:04.160 |
we're less than a sixth of their cost. Compared to most of the other folks we see in the market, 01:35:08.160 |
we're less than half the cost. And the whole idea is by dropping these costs, we can make the ROI 01:35:13.120 |
worthwhile for more folks and help them build more wealth. And we've kind of obviously both 01:35:19.120 |
been building companies in this space. The whole premise of fintech is that you can create more 01:35:24.240 |
value. You can use technology to enable others to build wealth more efficiently and open up 01:35:29.120 |
opportunities. And that's kind of what we're doing here is how do you take these kind of black box of 01:35:34.160 |
irrevocable trust and wealth building structures that historically have only been available to 01:35:38.400 |
those with nine figures and help everyone build wealth. Yeah, it's fantastic. The blog posts you 01:35:44.720 |
guys have written on the Valor site are great. They go into more detail than most companies do. 01:35:48.960 |
I'm going to link to a handful of them in the show notes so that people can go check them out. 01:35:55.440 |
If they have any questions or want to reach out to you guys, where should people find you? 01:36:00.320 |
Valor.io, V-A-L-U-R.io. Always happy to chat with folks there to answer more questions. We have, 01:36:07.920 |
as you mentioned, a lot of content. We take calls with folks to help walk them through 01:36:12.960 |
and understand these structures as well. So that's the best place to reach us. 01:36:19.520 |
Really appreciate it, Chris. We appreciate your time and love your podcast.