WEBVTT
1
00:00:00.120 --> 00:00:02.359
The topics and opinions expressed in the following show are
2
00:00:02.359 --> 00:00:04.000
solely those of the hosts and their guests and not
3
00:00:04.040 --> 00:00:06.919
those of W FOURCY Radio. It's employees are affiliates. We
4
00:00:07.000 --> 00:00:10.080
make no recommendations or endorsements for radio show programs, services,
5
00:00:10.119 --> 00:00:12.439
or products mentioned on air or on our web. No
6
00:00:12.560 --> 00:00:15.720
liability explicit implies shall be extended to W FOURCY Radio
7
00:00:15.800 --> 00:00:18.519
or it's employees are affiliates. Any questions or comments should
8
00:00:18.559 --> 00:00:20.839
be directed to those show hosts. Thank you for choosing
9
00:00:21.039 --> 00:00:22.039
W FOURCY Radio.
10
00:00:29.039 --> 00:00:33.840
Welcome to to Ask Good Questions Podcasts, broadcasting live every Wednesday,
11
00:00:33.880 --> 00:00:37.719
six pm Eastern Time on W four CY Radio at
12
00:00:37.920 --> 00:00:41.520
W fourcy dot com. This week and every week, we
13
00:00:41.600 --> 00:00:45.000
will reach for a higher purpose in money and life,
14
00:00:45.359 --> 00:00:48.640
as well as a focus on health and wellness. Now,
15
00:00:49.200 --> 00:00:53.880
let's join your hosts, Vanita bel Anderson, as together we
16
00:00:54.000 --> 00:01:01.679
start with Asking Good Questions.
17
00:01:01.719 --> 00:01:06.239
Hello, and welcome to the Ask Good Questions podcast. My
18
00:01:06.359 --> 00:01:10.079
name is Benita bell Anderson. I'm your host, and today
19
00:01:10.120 --> 00:01:13.239
I have a very special guest and I will invite
20
00:01:13.359 --> 00:01:17.879
him to the podcast stage right now. His name is
21
00:01:18.079 --> 00:01:19.159
Chris Johnson.
22
00:01:20.599 --> 00:01:22.560
Hi, Chris, Hey, how are you?
23
00:01:23.799 --> 00:01:29.000
I am great and you're coming at us from Texas, right.
24
00:01:29.599 --> 00:01:34.439
Hoson Hot, Texas Hot. I'm a Floridian and a Texan.
25
00:01:34.719 --> 00:01:38.040
I've spent about my first half of my life in Florida,
26
00:01:38.280 --> 00:01:40.359
second half so far in Texas.
27
00:01:40.799 --> 00:01:47.799
Cool. Well, Chris as an attorney and also an entrepreneur,
28
00:01:47.840 --> 00:01:50.040
and I'm going to let him just fill us in
29
00:01:50.079 --> 00:01:51.640
a little bit on his background.
30
00:01:52.760 --> 00:01:53.079
Sure.
31
00:01:53.319 --> 00:01:57.560
So, I'm a business lawyer and entrepreneur and I own
32
00:01:58.200 --> 00:02:03.239
like really different three different segments of businesses. It's law firms,
33
00:02:03.879 --> 00:02:07.760
and then it's real estate and title, and then it's
34
00:02:08.960 --> 00:02:12.120
and then the third one be like financial services type
35
00:02:12.159 --> 00:02:13.960
things that that's kind of the.
36
00:02:14.000 --> 00:02:15.479
Sphere of what I do.
37
00:02:17.360 --> 00:02:22.520
Throughout my experience with my title company, which I've had
38
00:02:22.599 --> 00:02:27.319
now for it's been five, six seven years, something like that,
39
00:02:27.919 --> 00:02:33.479
I saw that the number one problem in closing a
40
00:02:33.560 --> 00:02:39.000
file or probate estate planning type issues, and I felt
41
00:02:39.039 --> 00:02:43.560
like there weren't enough people that understood probate or even
42
00:02:43.599 --> 00:02:46.439
had a will things like that. I felt like it
43
00:02:46.479 --> 00:02:49.879
was an underserved segment of the community where they were
44
00:02:50.039 --> 00:02:53.719
forced either like pull a form offline that they may
45
00:02:53.759 --> 00:02:56.319
not understand they could mess it up, or go to
46
00:02:56.360 --> 00:03:00.280
a boutique estate planning firm that just overcomplicated things and
47
00:03:00.360 --> 00:03:03.280
charged a bunch and the way that they operated business
48
00:03:03.479 --> 00:03:05.960
was a little archaic. And so I saw this need
49
00:03:06.520 --> 00:03:09.560
and I created Texas a state and probate lawyers.
50
00:03:09.840 --> 00:03:11.800
And I think that's a lot of you know, what.
51
00:03:11.719 --> 00:03:14.080
We've talked about before, Budda, and what I'd like to
52
00:03:14.120 --> 00:03:16.520
talk about today is like wills and trusts and just
53
00:03:16.560 --> 00:03:20.520
different things like that maybe help some of your viewers.
54
00:03:21.039 --> 00:03:23.639
Well, we will thank you for that. We will start
55
00:03:23.639 --> 00:03:26.840
out with talking about wills and trusts and kind of
56
00:03:26.840 --> 00:03:28.759
get a handle on that, and then I want to
57
00:03:28.800 --> 00:03:34.120
turn to digital assets because you know, as a financial advisor,
58
00:03:34.199 --> 00:03:36.439
I'm always trying to get people get you will done,
59
00:03:36.520 --> 00:03:38.960
get your will done, and when I see it not done,
60
00:03:39.719 --> 00:03:42.680
then you know, it just causes all kinds of problems.
61
00:03:42.719 --> 00:03:45.960
And even with a will, there still is a lot
62
00:03:46.000 --> 00:03:49.960
of times, a lot of complexity that I've seen clients.
63
00:03:49.599 --> 00:03:50.439
Have to deal with.
64
00:03:51.199 --> 00:03:54.080
So let's just start out with the whole idea of
65
00:03:54.120 --> 00:03:58.199
wills and trusts. What what's the big difference between a
66
00:03:58.240 --> 00:03:59.159
will and a trust?
67
00:04:00.120 --> 00:04:05.360
Okay, so I'll say what each is, and then maybe
68
00:04:05.479 --> 00:04:09.800
as i'm talking through that I'll talk about the differences.
69
00:04:10.719 --> 00:04:16.879
So what a will is, it's someone's wishes as to
70
00:04:17.079 --> 00:04:21.639
how they should have how they want their estate to
71
00:04:21.759 --> 00:04:29.199
be distributed upon their death. Okay, those wishes have to
72
00:04:29.319 --> 00:04:33.519
be implemented by a court and that and that's one
73
00:04:33.519 --> 00:04:37.000
of the biggest misunderstandings that people have. They're like, why
74
00:04:37.040 --> 00:04:40.160
have a will? So that's it? Just they died and
75
00:04:40.279 --> 00:04:41.439
you know, the stuff went.
76
00:04:41.360 --> 00:04:45.240
Like we followed the will. No, the will is.
77
00:04:45.240 --> 00:04:49.480
Admitted, filed with a court and admit and admitted, and
78
00:04:49.519 --> 00:04:54.759
then the will allows someone called an executor to implement
79
00:04:54.800 --> 00:04:57.439
the wishes as set forth in the will, and then
80
00:04:57.439 --> 00:05:01.759
you close everything out. So the will makes probate, which
81
00:05:01.759 --> 00:05:03.839
you have to do regardless of whether there's a will
82
00:05:03.920 --> 00:05:04.160
or not.
83
00:05:04.240 --> 00:05:07.519
It makes it cheaper and more efficient.
84
00:05:09.439 --> 00:05:11.439
What I you know what I sometimes call it. I
85
00:05:11.519 --> 00:05:13.399
call it babysitting instructions.
86
00:05:13.720 --> 00:05:18.040
Okay, great, Yes, babysitting instructions are good. I like that.
87
00:05:20.199 --> 00:05:24.519
So that's that's what a will is and what a
88
00:05:25.000 --> 00:05:29.759
trust is. So that's a different set of instructions. And
89
00:05:30.079 --> 00:05:34.480
instead of wishes that the court's going to stamp and
90
00:05:34.759 --> 00:05:37.480
order on, maybe the executor is going to do some things.
91
00:05:37.519 --> 00:05:40.319
The trust. The trust.
92
00:05:40.360 --> 00:05:44.000
It's a contract, okay, and one of the parties to
93
00:05:44.079 --> 00:05:49.079
this contract is the trustee. So the trustee is bound
94
00:05:49.279 --> 00:05:51.560
at a certain time. We can talk about when that
95
00:05:51.680 --> 00:05:56.920
happens to fulfill the wishes of this person right for
96
00:05:57.040 --> 00:05:59.160
the benefit of someone else.
97
00:05:59.240 --> 00:06:01.079
Like there's somewhereronments there.
98
00:06:02.360 --> 00:06:05.480
These things, and I'll talk about common misunderstandings.
99
00:06:06.120 --> 00:06:07.279
There's something.
100
00:06:08.639 --> 00:06:10.279
Part of the problem with the state planning is we
101
00:06:10.319 --> 00:06:12.920
have all these different terms for different things. So I
102
00:06:12.920 --> 00:06:15.079
don't really like the term living trust, and if some
103
00:06:15.079 --> 00:06:18.560
people use it's just because I think it has different meanings.
104
00:06:19.000 --> 00:06:21.199
So I like to kind of how I learned it
105
00:06:21.240 --> 00:06:22.959
is there's really revocable.
106
00:06:23.560 --> 00:06:25.920
So that means the person setting it up can take
107
00:06:25.959 --> 00:06:27.519
it back during their lifetime.
108
00:06:27.560 --> 00:06:28.759
They can change it at anytime.
109
00:06:28.879 --> 00:06:34.360
That's revocable. Irrevocable is I can't take it back, okay, done.
110
00:06:34.879 --> 00:06:38.639
So key distinction when you can't take it back the
111
00:06:38.759 --> 00:06:43.360
trust actually forms. Now it's this separate thing that is
112
00:06:43.879 --> 00:06:47.199
separate from the person that that created it. And so
113
00:06:47.360 --> 00:06:52.120
because it's separate, it file its own taxes, and the
114
00:06:52.160 --> 00:06:55.120
tax rates kind of suck on airrevocable trusts, So that's
115
00:06:55.120 --> 00:06:59.639
something to consider. There is good asset protection once it's
116
00:06:59.680 --> 00:07:03.000
air vocable, and I'm kind of you know, it's redundant here,
117
00:07:03.040 --> 00:07:05.720
but obviously you can't change it, like you're stuck with
118
00:07:05.800 --> 00:07:09.680
it like forever, never can be changed. So a lot
119
00:07:09.720 --> 00:07:13.040
of people think about this revocable trust, which I think
120
00:07:13.040 --> 00:07:15.800
they sometimes called a living trust and it's floated on
121
00:07:15.879 --> 00:07:17.519
social media, is something that.
122
00:07:18.680 --> 00:07:19.639
Would protect you.
123
00:07:20.600 --> 00:07:24.839
Revocable trusts, which you can change during your lifetime. Very
124
00:07:24.879 --> 00:07:29.040
often the incomes just passed through through to the grants
125
00:07:29.160 --> 00:07:31.399
or the person that created it who remembers still live,
126
00:07:31.560 --> 00:07:34.399
so during their life that incomes being imputed to them.
127
00:07:34.399 --> 00:07:38.639
It's not really a separate trust, so there's no asset protection.
128
00:07:39.240 --> 00:07:42.439
Revocable trusts are wonderful.
129
00:07:41.959 --> 00:07:49.160
Tools in states where the probate process is expensive and slow,
130
00:07:50.000 --> 00:07:52.360
and you want things to pass.
131
00:07:52.079 --> 00:07:53.240
Outside of probate.
132
00:07:53.600 --> 00:07:57.240
So the revocable trust, you designate this property and it
133
00:07:57.279 --> 00:08:01.199
goes in to the trust on death, and then the
134
00:08:01.240 --> 00:08:05.279
trustee will distribute it out themselves to the beneficiary rather
135
00:08:05.319 --> 00:08:07.000
than go through that stamp.
136
00:08:07.000 --> 00:08:08.879
And you know the order process.
137
00:08:08.480 --> 00:08:12.560
Now to make just the kind of button button the
138
00:08:12.600 --> 00:08:16.720
loop on this. Even though someone has a revocable trust
139
00:08:16.879 --> 00:08:17.759
or another trust.
140
00:08:18.199 --> 00:08:20.160
Everyone always has a will.
141
00:08:19.920 --> 00:08:23.920
Anyway, and and that's just to kind of catch all
142
00:08:23.959 --> 00:08:29.120
the leftover stuff that we might have forgotten to include.
143
00:08:29.360 --> 00:08:30.680
Look, I'm guilty of it too.
144
00:08:31.040 --> 00:08:33.200
I mean I just went through a divorce last year,
145
00:08:33.279 --> 00:08:35.600
and so I was making a list of all my property.
146
00:08:35.720 --> 00:08:40.000
I have a revocable trust myself, and not everything was
147
00:08:40.039 --> 00:08:43.919
in that revocable trust. Not everything was titled properly. It's
148
00:08:44.000 --> 00:08:45.960
part of the reason I don't like these.
149
00:08:46.360 --> 00:08:51.000
The attorney, I know, because I'm busy. I don't have
150
00:08:51.039 --> 00:08:51.519
time for it.
151
00:08:51.559 --> 00:08:53.720
I mean, what am I gonna do spend my weekends
152
00:08:54.080 --> 00:08:56.879
updating the titling of my accounts or are going to
153
00:08:56.919 --> 00:08:59.559
spend them hanging out with the kids and fishing, right, And.
154
00:08:59.559 --> 00:09:03.279
So part of the reason I try to.
155
00:09:03.320 --> 00:09:06.960
Stay away from really complicated things. Not that a revocable
156
00:09:07.000 --> 00:09:10.240
trust is terribly complicated, but it's probably more than.
157
00:09:10.080 --> 00:09:10.919
Most people need.
158
00:09:10.960 --> 00:09:13.360
But the reason unless you're like in a state that
159
00:09:13.519 --> 00:09:17.080
has horrible appropriate but Texas is pretty really easy actually,
160
00:09:17.080 --> 00:09:22.639
and I think Florida is relatively easy. It people just
161
00:09:22.679 --> 00:09:25.200
don't follow through with it. And then so you meet,
162
00:09:25.320 --> 00:09:27.399
you do it, you spend all this money, and then
163
00:09:27.440 --> 00:09:30.000
it just slowly all the protections kind.
164
00:09:29.879 --> 00:09:30.559
Of fade away.
165
00:09:31.320 --> 00:09:35.600
So you always need probably regular meetings with an advisor,
166
00:09:36.919 --> 00:09:39.440
you know, it's your financial advisor is actually a great
167
00:09:39.480 --> 00:09:41.000
tool for stuff like this.
168
00:09:41.080 --> 00:09:43.840
I would love it, you know, financial advisors, more of
169
00:09:43.879 --> 00:09:44.279
them did it.
170
00:09:44.320 --> 00:09:45.960
They're not going to do the legal work, but they
171
00:09:46.120 --> 00:09:49.759
like checking in to make sure dated and titled correctly,
172
00:09:49.799 --> 00:09:53.440
and beneficients and all that stuff is immenseally important.
173
00:09:55.399 --> 00:09:58.840
Well how how how does the I mean? One of
174
00:09:58.840 --> 00:10:00.840
the ways that I have talked to people about this
175
00:10:01.080 --> 00:10:06.240
is saying, if a trust is owning the property, then
176
00:10:06.360 --> 00:10:10.000
the trust doesn't die where the person. When the person dies,
177
00:10:10.080 --> 00:10:12.960
then everything has to be distributed, but the trust goes on.
178
00:10:13.320 --> 00:10:16.840
And so sometimes that helps people understand why they can
179
00:10:16.840 --> 00:10:22.279
get something out of the trust. But why how does
180
00:10:22.320 --> 00:10:24.919
the trust help avoid the probate process?
181
00:10:29.840 --> 00:10:35.080
So, as I described with the will, probate, a court
182
00:10:35.200 --> 00:10:42.200
process is the mechanism that something is transferred from one person.
183
00:10:42.360 --> 00:10:44.559
To the next upon death.
184
00:10:45.080 --> 00:10:51.879
Right trust is a triparth type contractual relationship. There's the
185
00:10:52.000 --> 00:10:55.240
grant or settler, that's the person that made it. Then
186
00:10:55.279 --> 00:10:59.399
there's the trustee, then there's the beneficiary. These are separate
187
00:10:59.440 --> 00:11:05.320
people and a three party agreement essentially, and the assets
188
00:11:05.360 --> 00:11:06.759
transfer through the contract.
189
00:11:07.519 --> 00:11:08.399
This is this is.
190
00:11:08.320 --> 00:11:11.559
Like a fundamental and I hope that's the easiest way
191
00:11:11.559 --> 00:11:14.559
to explain it, because this is a fundamental part of
192
00:11:15.159 --> 00:11:15.840
our country.
193
00:11:15.919 --> 00:11:18.600
Maybe in other countries as well. I'm not sure. We
194
00:11:18.639 --> 00:11:22.440
can pretty much do whatever we want by contract.
195
00:11:22.080 --> 00:11:26.600
As long as it's not illegal or like against public
196
00:11:26.679 --> 00:11:31.320
policy or something. But the ability to do this and
197
00:11:31.399 --> 00:11:35.039
avoid the probate process is you know, this is one
198
00:11:35.080 --> 00:11:37.879
of the ways we can contractually do it. Just like
199
00:11:38.080 --> 00:11:40.440
you know, if you're going to file litigation, you can
200
00:11:40.480 --> 00:11:43.480
be in the core process, which is the default, or
201
00:11:43.519 --> 00:11:46.360
you can have an arbitration provision, which is you're agreeing
202
00:11:46.399 --> 00:11:49.960
to arbitrate this dispute outside it's really not too different
203
00:11:49.960 --> 00:11:50.320
from them.
204
00:11:50.440 --> 00:11:54.120
So it's court contract. That's how trust gets it out
205
00:11:54.159 --> 00:11:54.639
when you're.
206
00:11:54.519 --> 00:11:56.919
Dealing with the revocable trust and the way that the
207
00:11:57.000 --> 00:11:58.000
money flows.
208
00:11:59.000 --> 00:12:03.600
Well, is there a cost difference between just setting up
209
00:12:03.720 --> 00:12:06.840
will or setting up a trust or in a kind
210
00:12:06.840 --> 00:12:09.799
of a companion to that would how many assets should
211
00:12:09.840 --> 00:12:12.879
you have before you start thinking about having a trust?
212
00:12:13.759 --> 00:12:20.960
Mhm, Okay.
213
00:12:21.639 --> 00:12:23.600
A lot of this is contingent on the state that
214
00:12:23.639 --> 00:12:30.840
you're in all right, blue bluer states, maybe states with
215
00:12:30.879 --> 00:12:36.919
a more difficult probate process. For those states that have
216
00:12:37.120 --> 00:12:42.120
maybe their own inheritance tax rules, you know, maybe there's
217
00:12:42.159 --> 00:12:44.080
some issue with transferring too much.
218
00:12:44.039 --> 00:12:44.840
Money on death.
219
00:12:46.320 --> 00:12:49.279
For those states, the number is going to be lower.
220
00:12:49.440 --> 00:12:53.879
Let me just say that for my general rule of
221
00:12:53.919 --> 00:12:58.120
thumb when I'm talking to people in Texas is if
222
00:12:58.159 --> 00:13:04.840
you have a million, two million, maybe even three million dollars.
223
00:13:03.799 --> 00:13:05.919
That's that's the millionaire next door.
224
00:13:06.840 --> 00:13:09.679
They don't need an incredibly complicated estate plan.
225
00:13:09.840 --> 00:13:10.919
That's who Texas is.
226
00:13:11.000 --> 00:13:14.360
State and probate lawyers is for those and other people too.
227
00:13:14.759 --> 00:13:18.159
They're the ones that just need the basic estate planning documents.
228
00:13:18.559 --> 00:13:22.960
Our basic will has a like a pour over into
229
00:13:23.000 --> 00:13:26.840
a trust automatically created when there's a child at.
230
00:13:26.759 --> 00:13:28.960
Issue, and so that's fundamental right.
231
00:13:29.279 --> 00:13:32.039
You don't want and you can't have a ten year
232
00:13:32.039 --> 00:13:35.000
old inheriting money, so you set up just a little
233
00:13:35.039 --> 00:13:40.679
trust for that purpose. When we start getting between five
234
00:13:40.720 --> 00:13:45.440
and ten million dollars, now you're kind of talking revocable more.
235
00:13:45.639 --> 00:13:50.720
The revocable trust piece. If you have a business, now
236
00:13:50.919 --> 00:13:51.799
probates slow.
237
00:13:52.240 --> 00:13:56.919
So if there's if there's a situation where you want
238
00:13:56.960 --> 00:13:59.960
people to step in on day one and start opera
239
00:14:00.039 --> 00:14:04.200
reading something as though they're the owner, then you need
240
00:14:04.240 --> 00:14:06.840
to either need to give them the keys beforehand so
241
00:14:06.879 --> 00:14:08.759
they can open the door and let people in and
242
00:14:08.840 --> 00:14:11.960
continue running the business, or you need to set for
243
00:14:12.080 --> 00:14:15.279
it up in this revocable trust so you can set