Do I Need a Revocable Living Trust? | Mark J Kohler - YouTube

Channel: Mark J Kohler

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Hi Mark Kohler here with another tax and legal tip
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I want to talk about for triggering events that might indicate you need to get a
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Trust a revocable living trust a family trust as part of your state plan rather than just relying on a basic will number one
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children under the age of eighteen or
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Children that act like they're under the age of eighteen now it could also be children with special needs
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And and you need to leave them your estate in a constructive manner with special rules now with all these four reasons
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I'm going to assume that you do have some sort of a state may be its life
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Insurance or retirement account a lot of equity in your home or some investment real estate
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but you don't want to just flop this money into your kids lab and create a
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Problem or maybe it just ruins their life more than helps them
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This is a good reason to have a trust because the trust can
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Put all sorts of rules and provisions in there
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They get a chunk of money at age twenty-five another chunk at age thirty another chunk at age 35
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Maybe money to buy a home or start a business or attends college
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But anyway you can put all this into a trust, and if you have a will, it's much more difficult
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It's clunky it makes a much more elaborate and complex will where a trust can do it much more effectively so
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Number one trigger an event you have kids and you want to leave really specific rules. I think of Trust is a must
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number two you own real estate
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Now when you own real estate, and you pass away you can trigger?
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What's called probate?
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Probate is the court action where a judge gets involved and has to find out what your will really said is it really your will
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Or if you die without a will it triggers what's called intestate probate and that can be a very costly
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Experience and time-consuming for your heirs and the family so if you have one real estate even your primary residence
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You want to have a trust on your real estate owned your home or maybe even own your LLC's to own your rental properties
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so that if something happens to you your trustee can step in and
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Handle all of your real estate without having to go to court now some people say well
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I'll just have my spouse on the title with me
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And if I die my spouse will get it or I'll put my kids on title and then they'll get it well
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Putting people on title to your real estate
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Can be very scary if they have their own legal problems and what happens if you and your spouse both pass away
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What's gonna happen to your real estate probate so if you own real estate? Do yourself do your family a favor?
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With all out work you put into it to prevent more lawyers getting it the money or the government I?
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Get a trust and avoid probate number three
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Medical concerns or needs for yourself and what I mean by this is you might be getting a little older in age
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Or you might be having some medical situations
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Or health concerns and having to trust and all your assets placed in that trust
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Can make it easy for your loved ones to manage that trust for you while you're still alive, but maybe unable to manage your affairs
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It usually includes a durable power of attorney a springing durable power of attorney
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They give someone authority a backup trustee to run your affairs if you have a medical situation
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Where you're not able to manage your financial affairs
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So that's a good reason for a trust and a trustee that you trust to run your affairs
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And and that's another important reason to consider a trust when you might anticipate something like that happening number four you're wealthy
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That could trigger the need for a trust, and I'm talking about you being worth more than five million dollars
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That could be
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Equity and real estate equity in your home
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Life insurance policies or in retirement accounts all combined what happens when you pass away is the IRS takes a picture
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How much are you worth on paper - your debts? Well if that amount is over five to six million dollars?
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You've got to have a trust to avoid estate tax now if Donald Trump and Congress get together and repeal a state tax great
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but until then
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We want to do some more advanced planning now if you're married this involved. What is called a a B trust a
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/b trust and they've been around for years and years
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And they allow you to maximize your estate credit of this five to six million dollars times two
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But if you're a single or you're worth more than ten to eleven million dollars are married
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You've got to think of some other strategies as well, so this is much more advanced planning
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But it starts with an AV trust if you're married or some additional plan within our
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Basic revocable living trust if you're single
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Now those my friends are the four main reasons why you might need a revocable living trust as part of it more
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Well designed and a little more complex estate plan rather than just knocking something out with will
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So talk to your lawyer if you need some help you can always call our law firm
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We'd love to be of service, but get some planning done
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This is something that is really gonna leave a much more organized situation for your family
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And if you're working so hard to build up those assets make sure you have a constructive way of
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Passing them on to your family or a charity or whatever is important to you
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