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August 11, 2025 13 mins

Estate planning isn’t fun to think about, but skipping it can cost loved ones time, stress, and money. In this week's episode, Ari breaks down the essentials so you can take action with confidence.

Learn the key differences between wills and trusts, which states make trusts especially valuable, and why even residents of “will-friendly” states might still need one. Explore the “dead box” strategy, an annual practice that keeps important info like passwords and funeral wishes accessible if something happens.

Get clarity on overlooked tools like POD (Payable on Death) and TOD (Transfer on Death) designations, plus the risks of outdated paperwork through real-life client examples.

The episode also covers power of attorney, healthcare directives, and how HEMS provisions can protect assets for beneficiaries with special needs or unique situations.

Estate planning is about more than documents—it’s about creating peace of mind. Start now to give your family clarity when it matters most.

Listen to Part 1: Here's When A Will Is Sufficient And Trust Isn't Necessary

Create Your Custom Early Retirement Strategy Here

Get access to the same software I use for my clients and join the Early Retirement Academy here

Ari Taublieb, CFP ®, MBA is the Chief Growth Officer of Root Financial Partners and a Fiduciary Financial Planner specializing in helping clients retire early with confidence.


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Transcript

Episode Transcript

Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:00):
In last week's podcast, I went over trust and
wills.
What are the differences?
What states likely don't need atrust, what states do need
trust?
And even if you live in a statethat likely does not need a
trust, when are the situationswhere you might go?
Yeah, I still think I shouldneed it because I have a child
with special needs or I have adivorce, or I wanna get these
things set up Now.

(00:20):
At the end of last week'sepisode, I mentioned that I do
have a resource to help you ifyou want to get these things set
up.
You can check that out in thedescription of this episode.
Today is going to be more of amailbag episode I don't know if
that's the appropriate phrase,but when I was thinking about it
it seemed like the best one andthat means I'm going to just go
over a bunch of differentthings real quick, short and
sweet for you.
So things like power ofattorney or medical directives

(00:42):
or trust or wills or beneficiarydesignations or PODs, or, if
you're like I have no idea whatyou just said, I'm going to go
over all of that, hopefully in10 minutes.
You're like okay, I think I'vegot a handle on this.
Now, when it comes to estates.
There's a lot to this, so ofcourse you know I do recommend,
if you actually are going toexecute a charitable remainder

(01:03):
trust or a donor advice fund orsome fancy estate tool, you want
to make sure you're workingwith an advisor, because you can
save mega taxes and you want tomake sure you're doing it
properly.
So, of course, consult with aCPA, financial, professional
estate attorney you name it tomake sure that everything's
happening the way it should.
Now real quick, because I getthis question all the time will

(01:25):
versus trust.
I like to think I have goodexamples to simplify things for
my clients, and the way Iexplain these, as always are.
Will is that's going to beessentially handled after death.
Trust is during and after death.
It's more complicated than that, but, to keep it simple, a will
is basically just deciding howassets move after you pass away.

(01:48):
A trust, on the other hand, ismanaged while you're alive,
avoids probate.
I call that avoiding hasslebecause sometimes probate can
feel like the DMV.
If you've been to the DMV manytimes, you know what I'm talking
about, and you also, of course,use this to distribute assets
after death.
Certain states.
You just don't need a trust.

(02:09):
A will might be totallysufficient because you have a
super simple estate plan.
You live in a state where it'sjust likely not necessary.
So, yes, you could still go geta trust, but it might just
create unnecessary hassle.
So I want to make sure.
If you haven't checked out lastweek's episode, feel free to
check that out.
After this let's start gettinginto it.
So I'm going to go through afew different examples.
I hope this resonates with you.

(02:30):
If you don't know already, myname is Ari Taublieb.
I'm a certified financialplanner, host of this podcast,
the Early Retirement Podcast,and I'm the chief growth officer
at Root helping as many peopleas possible retire early with
confidence.
At root, helping as many peopleas possible retire early with
confidence.
So one a reminder that there arestate specific laws.
Each state has its own lawsregarding probate, regarding

(02:51):
state estate or inheritancetaxes.
That was a mouthful Communityproperty versus common law
property rules for validatingwills and trusts and tax
implications.
There's so much to this.
Don't get so overwhelmed thatyou're like I'm just going to
give up on estate planning.
So here are a few pro tips andthen I'm going to walk you
through just some basic phrasesthat I want to make sure you're

(03:13):
aware of, basically five bigtips here.
Okay, here's the first thing Irecommend.
I mentioned this last week thedead box.
I have a dead box.
What that means is January 1stof every single year, I send an
email to my spouse and membersof my family not all of them,
but members of them.
They say I hope I never die.
If I do die, here's where Iwant you to go and it's a link

(03:34):
where I have emotional resourcesabout things that I want them
to know about my life videosspecifically for them.
I have all the passwords, Ihave everything organized for
them and I also have fun stuff.
Here's photos.
I'm trying to say if you were tohost a funeral for me, here's
what I would want shown.
Here's what music I'd wantplayed the Arsenal Champions

(03:55):
League song.
No, I'm just kidding, there'sno Arsenal Champions League song
.
But I'm a big Arsenal fan.
I'm a soccer player myself.
I played in college.
So when I joke with my clients,they know I'm a big soccer guy.
So there's what's called theChampions League song, and
Arsenal sometimes plays in theChampions League, and so I will
joke that I'm going to walk outto my wedding, which is just in
a little over a month now as ofthis recording to the Champions

(04:18):
League song, but my fiance wouldnot like that, so we will not
be doing that.
But getting back to today'sepisode, here are five pro tips.
Once again, you have my littledead box.
You can do that if you wouldlike, if you want more resources
on that, I talk about it in myearly retirement academy and
exactly what I would do withthat, which I got this idea from
a different advisor who'sawesome.
Now here's five tips.

(04:38):
Number one create or updateyour will.
Why it's the easiest, it's thelowest level of hassle,

(05:00):
no-transcript.
So establish a trust if it'sappropriate, if is the big word
there, why it avoids probate andprotects privacy.
Ultimately, it's just going tosave you hassle.
There are certain states where,as I went over last week, it's
not a big deal, but for many ofyou, like in California, you'll
want one.
Let me just tell you New York,you'll want one, massachusetts,

(05:21):
you'll want one.
These are states where we haveHawaii, you want one.
Washington, you want one.
I have clients that are inthese states that go oh my gosh,
if I did not have one, thelevel of hassle would have been
crazy.
It's also really helpful if youwant to control distributions.
I'm just thinking right now of astory, and I like recording all
these different episodes ontopics because I let my brain go

(05:43):
in different directions.
So if that does not resonatewith you, I apologize.
I cannot change my style if Iwanted to, but I have a client
that has a child with specialneeds.
And I have another client whohas a child who is an awesome
guy because I've spoken to himand if he's listening to this,
he probably knows who he isbecause I've shared this story
before.
But this is someone who marriedsomeone who he thought was

(06:04):
gonna to be an incredible matchand it was not.
And what happens is they werebasically trying to get funds
from their family.
They did love each other, butthen that faded and that's a
whole thing.
The point here that I want youto know is that parent was like
I trust my son, they're going tomarry the right person, and so
they did not go get a trust thatspecifically said what would

(06:26):
happen in the event of a divorceand did not say I want specific
what are called HEMS provisions, which stands for health,
education, maintenance andsupport.
That parent ended up passingaway.
Those assets were split evenlywhen they were divorced and that
is not fair to that son, theclient of mine, who shared wow,

(06:47):
I wish I had set things updifferently.
Now there are situations whereit can be very emotional I was
thinking of the word there thatI wanted to share, but trying to
pick my words carefully hereand it's always emotional and
there's always oh my gosh, nowwe're going to love each other
forever.
I love my fiance, I want tomake sure that we're in love
forever, but we also still got aprenup.

(07:08):
We also recognize that if wewant to change our agreement, we
can always go to get a postnupand reevaluate.
Don't just like I say when youlook at any idea.
Don't marry an idea.
Put all the best ideas on thetable and pick that one as long
as it remains the best idea.
All you're trying to do isprotect any future changes,
having a trust.
For example, pretend I have achild one day and they just

(07:36):
aren't, in my opinion, doingwhat I think is best for them or
their family.
I can create what are calledHEMS provisions, which means if
you want to use money after Ipass away, it can only be used
for health, education,maintenance or support, and I
can put specific ages where thatwould be allowed.
I could say at any time, ifit's for those things, I could
say at 25, they get X portion orwhatever that may be.
Now my parents don't plan onleaving me anything, which I'm

(07:59):
happy for, because I want themto spend it on what they care
about most.
But I also am of the beliefthat I had to work really hard
to get what I have and I thinkif I didn't have to work that
hard I would like to think Iwould still have what I have,
but maybe I wouldn't.
And so I don't plan on leavingmy future children millions and
millions of dollars.
I want to make sure that I cansupport them if I so choose or

(08:20):
if there's a condition, but Ibelieve in having that sweat
equity.
So because of that I still willhave a trust, but it won't be.
Hey, here's everything.
So that's on the trust side ofthings Organizing and listing
all assets and accounts.
This gets overlooked a lot.
I'll say this is probably thesimplest thing you can do.
It probably will take you 20minutes, hopefully less, but it

(08:42):
is a big hassle saver.
So I had a client.
They sold their business.
They were naturally very frugalpeople.
They had about $8 million in abank account for a very long
time just getting a high yieldsavings rate.
It was about four and a halfpercent at the time.
Then they wanted to invest somein the stock market.
They did some real estate otherthings.
There's about $2 million leftin that bank account and it did

(09:02):
not have a POD at the time.
That stands for payable on death, meaning upon death.
Where are those assets paid?
And so it went to probate andit was a huge hassle.
Now, eventually, the childrenthat were supposed to inherit it
did get it, but it took monthsand it was just not worth it.
If they had one simple form itwould have fixed all of that.
So that stands for, once again,pod payable on death.

(09:23):
That's for your bank.
So if you don't have one rightnow, go to your bank, ask for
your POD, get that set up.
That's different than a TOD.
Tod is transfer on death.
Where do we transfer ownershipof our brokerage or superhero
account, which is different fromyour 401k and IRA, where you
can list a beneficiary directly.
So make sure that you havethese things in order.

(09:45):
That should save you a lot ofhassle.
Const beneficiary directly.
So make sure that you havethese things in order.
That should save you a lot ofhassle.
Constantly review and updatebeneficiaries that's simple but
not easy.
Or am I saying it the other way?
It's easy but not simple.
That's the one I was lookingfor.
The reason I say that is it'sreally easy to go update
beneficiaries and, at the sametime, people don't do it all the
time because it's like, yeah,what's going to sound more fun

(10:06):
tonight watching Netflix orgoing to review beneficiaries.
Like I work with humans, notrobots.
I get it Okay.
So I think accountability is abig reason.
People work with Root, so wemake sure it actually happens.
So check your retirementaccounts, check your life
insurance policies, check yourPOD accounts.
I had a situation luckily wecaught it where the POD accounts

(10:28):
.
I had a situation luckily wecaught it where the POD, meaning
the payable on death accountvia Bank of America.
It was going to be paid out totheir ex.
You don't want to still havethem listed if that is not your
goal.
So that's why, every year andany big change, I recommend
shifting there.
Now, beneficiary designationswill typically override what's
in your will Very important toknow.
Finally, here, consideringpower of attorney and healthcare

(10:49):
directives.
So there are financial andmedical power of attorney to
allow trusted individuals tomake decisions.
If you become incapacitated,that up and then create a living
will to document yourhealthcare wishes and relieve
your family of making thedifficult decision.

(11:09):
For example, my grandma.
We had this in place and shehad mentioned if she was in a
certain state she would not wantto continue living and we were
abiding by her wishes and so itdid not put pressure on my
mother to act in a certain way.
That is something that Ihonestly could see in my mom,
gave her peace in that weirdmoment, difficult moment as well
.
Now we also offer, if you dowant to be able to go get all

(11:32):
your estate things in order, we,if you're a member of the early
retirement Academy, I give youthe ability, for I believe it's
a few hundred bucks, but I'llhave to check the latest you can
go get all of these things setup for yourself.
Or, as always, I recommend youwork with a financial
professional like us here atRoot, who helped do everything
Estate trust, will, medicaldirectives, power of attorneys,

(11:55):
tax, insurance, planning,investments.
We want to make it so you don'thave a new job having to manage
your entire finances inretirement.
You still remain the CEO, butnow you have a CFO to help
execute all of this.
I know I said today's episodewould be 10 minutes.
I went a little long, but Ihopefully not.
Hopefully that was not English,but hopefully you do resonate
with this.

(12:15):
I leave all these little thingsI say in these podcasts because
I want you guys to know this isreal.
I am not perfect by any means.
I do my best, but I want tomake sure I'm always being
authentic with the content Iproduce, and that's it.
See you guys next time.
Thank you all, as always, forlistening to the Early
Retirement Podcast.

(12:35):
I love getting to host theseshows and make different content
for you guys every single week.
I've not missed a single weekin years and that is because I
love getting to do this.
Now, please be smart about this.
Before you actually execute anystrategy that you see me talk
about or hear me talk about,should I say Please talk to your
financial advisor, your taxpreparer, your estate attorney.

(12:56):
Please be smart about this.
None of this should be construedas financial advice.
This is for fun, educational,informational purposes only.
Once again, just a quickdisclaimer here.
Guys, please be smart aboutthis.
Appreciate you listening, asalways, and you can, of course,
submit a question on my website,earlyretirementpodcastcom.

(13:17):
If you, of course, want me toaddress a specific case study or
topic.
I will not promise I can get toit, but I respond to every
single person and if I find itwill be helpful for a lot of
people.
I will not promise I can get toit, but I respond to every
single person and if I find itwill be helpful for a lot of
people, I will absolutely makean episode on it, at the very
least give you some insight.
That's it.
Thanks, guys.
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