Episode Transcript
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Announcer (00:00):
From Los Angeles.
This is the Echelon RadioNetwork.
Jerri Hemsworth (00:09):
Good morning.
This is Jerri Hemsworth with theEchelon radio podcast. And it's
a beautiful, beautiful Fridaymorning. And unfortunately, I'm
sitting here in a studio with nowindows, but fortunately, my
guest is David Schneider, howare you doing, David?
David Schneider (00:26):
I'm doing
great. Jerri, thanks for having
me.
Jerri Hemsworth (00:28):
So you're an
attorney, and I've known you for
a number of years.
David Schneider (00:32):
Been a while
now.
Jerri Hemsworth (00:33):
Yeah, tell us
what kind of law you practice,
because I think you do some coolstuff.
David Schneider (00:37):
I'm an estate
planning attorney, which means I
help people to develop theirestate plan, wills, trust, power
of attorney. And then when I'mnot doing that, I'm a probate
attorney, meaning I'm helpingthose families that didn't
properly plan through probateproceedings, helping to get
(00:58):
those assets to the nextgeneration. And then, in
addition to that, I help peoplewith limited conservatorships.
Jerri Hemsworth (01:06):
Limited
conservatorships, what is that
exactly?
David Schneider (01:11):
So, when a
family has a child, an autistic
child, somebody on the spectrum,Asperger's, things like that,
parents are obviously in chargeof children, just as as you and
I were, but when the childbecomes 18, just like in your
family and mine.
Jerri Hemsworth (01:30):
That's what
happens when you feed them,
right?
David Schneider (01:32):
Well, yeah, if
you feed them, you educate them,
you generally, you provide themwith a little bit of clothing.
Jerri Hemsworth (01:38):
They grow.
David Schneider (01:38):
They grow. And
with any luck at all, they grow
beyond us.
Jerri Hemsworth (01:42):
I was going to
say, doctors.
Yes.
David Schneider (01:42):
They succeed
us, but some kids won't, and
those are the kids that are onthe spectrum. So now they're
adults, but they can't advocatefor themselves, so we utilize
something called a limitedconservatorship, and this is
essentially allowing the parentsto stay in the role that they
(02:03):
had been in, to be able to makedecisions where they're going to
live, healthcare decisions.
Doctors,interactions with schools.
Jerri Hemsworth (02:13):
Gotcha.
David Schneider (02:15):
Their ability
handling, their ability to enter
into a contract. You know, somekids will be very high on the
spectrum, and we need a littlebit of help. Some kids will be
much lower and need all thehelp, all right, decisions.
Jerri Hemsworth (02:29):
Right, Right.
David Schneider (02:30):
So California
instituted a number of years
ago, a different conservatorshipproceeding that's designed
specifically just for them,called a limited
conservatorship.
Jerri Hemsworth (02:42):
Okay.
David Schneider (02:42):
And it's nice,
because these courts, most
courts, are adversarial courts.
You have an attorney, I have anattorney, and they're gonna,
Jerri Hemsworth (02:53):
We're gonna
fight this together. Sure.
David Schneider (02:55):
In limited
conservatorship, the
conservatee, that's the childwho's now become an adult, they
have counsel that's assigned tothem, usually through the court
system, and then I represent,typically the parents, or maybe
it's the aunt or the oldersibling or somebody to bring
(03:16):
this process forward. And ofcourse, we have the judge on the
bench. Well in the limitedconservatorship, all three of us
are essentially working in thesame direction.
Jerri Hemsworth (03:25):
Gotcha.
David Schneider (03:26):
Really not
adversarial in the sense that
we're trying to protect ourclients rights.
Jerri Hemsworth (03:31):
Yes.
David Schneider (03:31):
So is the
counsel for the child.
Jerri Hemsworth (03:33):
Yes.
David Schneider (03:33):
But we're
working together. We talk to
each other, and if we havedisagreements about what types
of control the child needs. Youknow, we're going to talk it out
and we're going to reason ittogether. So it's it's nice,
it's many times when you're incourt, you get an answer for
(03:53):
your client. Maybe it'scomplete. Maybe it isn't. These
answers are complete. We get tofinality, and we get to where
everybody wants to go. And soit's rewarding.
Jerri Hemsworth (04:04):
I was gonna
say, it sounds like a very feel
good experience, and very foryou as a human and a kind and
and giving human must feel"Okay. I'm doing what I I'm
supposed to be doing.
David Schneider (04:19):
Well...
Jerri Hemsworth (04:20):
This is my
gift.
David Schneider (04:20):
Well, yeah, you
know the opportunity to guide
somebody through this process.
These are they're very formdriven. They're very difficult,
and they're very meticulous. Youmess up on a form, you don't
check a box. All right, we'regoing to continue you out 30
days, and in LA County and inVentura County, there isn't a 30
(04:42):
day calendar.
Jerri Hemsworth (04:46):
Oh!
David Schneider (04:46):
The courts are
so jammed up that when you get a
continuance, it's 60 days plus.
And this can also rack upattorneys fees.
Jerri Hemsworth (04:58):
I was gonna say
that, and there could be some
devastating consequences tothat. I would imagine.
David Schneider (05:03):
Yes, timing you
were trying to get before the
kids school counselor, or youhave an IEP coming up.
Jerri Hemsworth (05:10):
Yup, yeah.
David Schneider (05:11):
I was, I have a
client that's got some travel
concerns coming up.
Jerri Hemsworth (05:16):
Sure.
David Schneider (05:16):
And so, yeah,
nobody wants to be there in the
first place.
Jerri Hemsworth (05:20):
Right, right.
David Schneider (05:21):
And now you
have to come back, and you have
to take more time off work, andyou got to pay your attorney
more money. And, you know.
Jerri Hemsworth (05:28):
The stress.
David Schneider (05:29):
So when you can
work with somebody who has done
a lot of these things and knowswhere they're going and
understands, you know, theseparticular judges, what they
like, how they feel aboutcertain things. It's, it's very,
I'm just saying, it's veryimportant, because, you know, a
(05:50):
lot of people try to do thesethings on their own.
Jerri Hemsworth (05:52):
Yeah, I bet.
David Schneider (05:53):
And they say,
"Oh, I don't need, you know, the
attorney fees or whatever." And,
Jerri Hemsworth (05:57):
Right, right.
David Schneider (05:58):
You're in
court, you're there on your
matter, and you're watching themstruggle as they try to get
through it, you know. So anyway,it's important work and and it's
work I enjoy.
Jerri Hemsworth (06:07):
How did you get
into that, that part of of
estate planning law?
David Schneider (06:12):
Well, you know,
a lot of families were coming to
me with, again, kids on thespectrum, and I had to learn
very quickly about how toprotect those children. Most of
these children are still goingto outlive their parents. They
can't handle money, they can'thandle property. They're going
to inherit if we don't dosomething.
Jerri Hemsworth (06:34):
Right.
David Schneider (06:34):
So there's a
mechanism in estate planning
called a special needs trust,okay? And so we utilize that to
restrict the flow of the dough.
With the money, the property tothe child by holding it in this
special trust, and it allows asuccessor trustee to continue to
manage that throughout theirlife. The assets are not counted
against them, so they can't bebounced out of any government
(06:58):
programs that they're qualifyingfor. You know, when the kid
turns 18, the kid is at thepoverty level. So the kid
qualifies for, you know, likethe EBT food qualifies for
Covered California can gethousing assistance. Well, these
things are based on wealth. Sonow this child that's on the
(07:20):
spectrum who everything in theirlife is based on routine that's
so paramount, important to notchange the routine.
Jerri Hemsworth (07:32):
Yes.
David Schneider (07:32):
Well, they
inherit. They can't control it.
They don't have the means, theskills, and then they get
bounced out of their programs.
So there has to be a method tonot let them get that money, but
yet have that money for theirneeds to benefit them, and
that's called a special needstrust. Well, as I started
learning more about that, then Ihad to start to learn more about
(07:55):
what their rights were outsideof this as the parents were
trying to interact with theseother institutions, and that's
how I learned about theconservatorship program, and
specifically the limitedconservatorship program. So it
was 20 years ago. It was alittle bit of trial and error.
Jerri Hemsworth (08:16):
Sure.
David Schneider (08:16):
And now it's
just through experience.
Jerri Hemsworth (08:19):
Gosh, it's
absolutely amazing. What
percentage of your work wouldyou say is probate versus estate
planning?
David Schneider (08:27):
Well, right
now, I'm probably a little bit
heavy in probate from what maybeI was a couple of years ago,
probably around 30 to 35% maybeit is, frankly, quite stunning,
the number of how many familieshave not planned, and it takes
(08:48):
so little to trigger a probateproceeding in the state of
California.
Jerri Hemsworth (08:52):
Exactly.
David Schneider (08:53):
You know,
there's three elements, or three
factors that you have to clip.
And these are, I describe thisto clients as these are "and"
rules, you have to have one andtwo and three.
Jerri Hemsworth (09:05):
Gotcha.
David Schneider (09:06):
Rule number
one, you have to die.
Jerri Hemsworth (09:09):
Oh.
David Schneider (09:09):
Yeah.
Jerri Hemsworth (09:10):
You do?
David Schneider (09:10):
Yeah, and
that's actually not very hard,
Jerri Hemsworth (09:12):
That's a tough
one.
David Schneider (09:13):
No, it's not
very hard to do, actually.
Jerri Hemsworth (09:14):
Oh, okay.
David Schneider (09:15):
Yeah.
Jerri Hemsworth (09:15):
Okay, that's a
tough one to get, you know,
like, think about too, you know,number one must happen before
the others.
David Schneider (09:21):
Well, yeah, and
you know, if we look at this,
the statistics, not justnationwide, but statewide, 10
out of 10 people aged 72 orolder are going to die.
Jerri Hemsworth (09:30):
Okay, yeah,
okay, got it.
David Schneider (09:33):
So we know, we
know that's coming. All right.
So number one, you have to passaway. Number two, you have to
own assets in your own name.
Jerri Hemsworth (09:42):
Okay.
David Schneider (09:42):
Like the house.
Jerri Hemsworth (09:44):
Right.
David Schneider (09:44):
You own the
house at 123, Apple Street.
Jerri Hemsworth (09:47):
Right.
David Schneider (09:48):
Number three,
the property you own in your own
name when you die, must bevalued, gross value, not in
equity. A 61-5, in real estateor a 184-5 in personal property.
Jerri Hemsworth (10:02):
Okay.
David Schneider (10:03):
So is there
anybody who owns a home in the
state of California valued lessthan 61-5?
Jerri Hemsworth (10:13):
No.
David Schneider (10:13):
No. I mean, it
just doesn't exist. So,
Jerri Hemsworth (10:16):
I mean, my dog,
maybe. But you know, his house
is small.
David Schneider (10:20):
I've seen your
dog.
Jerri Hemsworth (10:21):
Yeah.
David Schneider (10:21):
And he looks
pretty well off.
Jerri Hemsworth (10:23):
He does. He
does have creature comforts,
that's for sure.
David Schneider (10:26):
So what happens
is, is that a lot of families
will think, well, you know, Ijust, I'm just a guy here in the
valley, not, not a big deal. Myhome, I don't know. It's like
any other home. It's 1800 squarefeet. It's no big deal. But the
values of these homes have risento such a degree. But they have
this idea in their mind that,well, an estate plan, that
(10:49):
that's what rich people do.
Jerri Hemsworth (10:50):
Right.
David Schneider (10:50):
I mean, uses
the word estate.
Jerri Hemsworth (10:52):
Estate!
David Schneider (10:53):
Right.
Jerri Hemsworth (10:53):
But you think
grand manners.
David Schneider (10:55):
A castle and a
moat, and that kind of stuff.
Jerri Hemsworth (10:56):
Yes, yes
dragons, everything!
David Schneider (10:58):
So, so the
families don't properly plan.
Jerri Hemsworth (11:02):
Yes.
David Schneider (11:02):
and then the
kid calls me up and says, you
know, "I want to sell my home,but I want to sell my parents
home, but the title companykeeps saying, I need letters.
Can you write me some letters?"Letters are what's issued by the
probate court, and so that'swhat's happening there. And it
(11:23):
tends to without any kind of setpattern. It tends to ebb and
flow a bit. I'll go through aperiod of time where I won't
pick up any new cases, and thenone week I'll pick up three. And
this is one of those weeks,actually. Yeah.
Jerri Hemsworth (11:37):
Wow, yeah I'm
always surprised as as you the
number of people who don't whoare afraid of an estate plan
because of a, the fees, but B,thinking they don't need it. And
I tell anybody I know, if youown any property of value, you
must, because getting caught orwe don't feel the pain if we
(12:01):
don't have the estate.
David Schneider (12:02):
Yeah, it's not
our problem.
Jerri Hemsworth (12:04):
It's our it's
our children or our our
relative's. And having been anexecutor, and have also been,
you know, for probates twoprobates concurrent, and for my
parent's estate, I don't wish aprobate on any child. You know,
(12:25):
it's long, it's not necessarilypainful, but it's detail
oriented, and you're many timescalling debtors and trying to
pay off some debts ornegotiating and and, but there's
a set time period you can't rushthese things.
David Schneider (12:40):
No, no, right
now the state average is about a
year and a half.
Jerri Hemsworth (12:43):
Yes.
David Schneider (12:44):
Now I practice
in Thousand Oaks. I'm in Ventura
County, and so I handle probatesin Ventura County. I handle them
in LA County. Now, post COVID, Iactually handle them throughout
the state, because I can appearvirtually.
Jerri Hemsworth (12:58):
Right.
David Schneider (12:58):
But Ventura
County has one probate court.
Jerri Hemsworth (13:04):
Wow.
David Schneider (13:04):
To handle the
entire county.
Jerri Hemsworth (13:06):
Wow.
David Schneider (13:07):
Now in LA
County, there's eight.
Jerri Hemsworth (13:10):
Okay.
David Schneider (13:10):
Courts.
Jerri Hemsworth (13:11):
Okay.
David Schneider (13:11):
But it's a
county of 30 million people.
Jerri Hemsworth (13:13):
Sure, still
trying to follow.
David Schneider (13:14):
Follow through
this thing, right?
Jerri Hemsworth (13:16):
Yeah.
David Schneider (13:16):
So when we look
at the state average, that says
it might take us a year and ahalf.
Jerri Hemsworth (13:20):
Yes.
David Schneider (13:21):
Often we're at
two years.
Jerri Hemsworth (13:22):
Yeah.
David Schneider (13:23):
During which
time there are no distributions.
Jerri Hemsworth (13:25):
Nope.
David Schneider (13:26):
This is when
Johnny comes to me and says,
"Well, my my dad was paying mytuition."
Jerri Hemsworth (13:31):
Yes.
David Schneider (13:32):
Said, "great,
Johnny, what I need you to do is
focus. I need you to buckledown. I need you to get a job."
Jerri Hemsworth (13:37):
Yeah, because,
David Schneider (13:38):
There's no
plan!
Jerri Hemsworth (13:39):
Yeah. And the
money stops flowing very
quickly.
David Schneider (13:43):
Exactly, right.
Jerri Hemsworth (13:44):
And it can be
devastating if somebody didn't
realize it.
David Schneider (13:46):
Not not only
that, but sometimes we're going
to, then, subsequently, in a ina lump sum, deliver money to
somebody who shouldn't receiveit.
Jerri Hemsworth (13:54):
Right.
David Schneide (13:55):
Notwithstanding,
the special needs kids I was
talking about.
Jerri Hemsworth (13:58):
Right.
David Schneider (13:58):
You know, your
kid just turned 19, and he's
gonna pick up 800 large in cash?
Jerri Hemsworth (14:03):
Yeah.
David Schneider (14:04):
Yeah, that's
usually a recipe for success.
Yeah. So estate planning isliterally something that
everybody needs.
Jerri Hemsworth (14:14):
So essential.
David Schneider (14:14):
Everybody that
you know needs this.
Jerri Hemsworth (14:17):
Essential.
David Schneider (14:18):
Yeah. So it's,
Jerri Hemsworth (14:19):
And updating!
David Schneider (14:21):
Well,
Jerri Hemsworth (14:21):
I'm learning
that too!
David Schneider (14:22):
That's another
important point.
Jerri Hemsworth (14:24):
Yeah.
David Schneider (14:24):
I see a ton of
stale documents. Last night, I
my last appointment of the day.
I met with somebody. The planwas written in 1993.
Jerri Hemsworth (14:33):
Hello!
David Schneider (14:33):
Never touched.
Jerri Hemsworth (14:35):
Oh, oh dear.
David Schneider (14:37):
Yeah.
Jerri Hemsworth (14:37):
Okay.
David Schneider (14:38):
They said,
"Well, can't you fix those
pages?"
Jerri Hemsworth (14:40):
No, no, no, no!
David Schneider (14:42):
I said, "That's
a lot of pages to fix. I think
what we'll do is we'll clean itup. We're not gonna, we're gonna
save the name,"
Jerri Hemsworth (14:50):
Right.
David Schneider (14:50):
"So, you know,
any assets that were titled to
it, we don't have to touchthose."
Jerri Hemsworth (14:53):
Right.
David Schneider (14:53):
But, yeah, this
is a full rewrite. They're not
meant to be set and forget.
Jerri Hemsworth (14:59):
Right.
David Schneider (15:00):
Put up on the
shelf.
Jerri Hemsworth (15:01):
Right, that's
exactly what I have learned over
time.
David Schneider (15:03):
Yeah.
Jerri Hemsworth (15:04):
Yes.
David Schneider (15:05):
They can grow
stale.
Jerri Hemsworth (15:06):
Yes, and it's
better to keep them updated as
you go, as you acquire or getrid of assets, or it could be
even bank accounts, and youdon't even realize, and I'm
speaking from experience, thatyou open a new bank account that
has some some cash in it. Youshould put it probably in the
trust.
David Schneider (15:25):
Yeah, we want
to have as many assets as
possible.
Jerri Hemsworth (15:28):
Yes.
David Schneider (15:28):
Titled in the
name of the trust. But you know,
when they grow stale, you'venamed these persons to be the
trustees.
Jerri Hemsworth (15:36):
Right.
David Schneider (15:37):
They're not
there anymore. They've moved
they've passed, their ownissues,
Jerri Hemsworth (15:43):
Right.
David Schneider (15:45):
And then I'll
tell you, frankly, this is a
problem that came up a couple oftimes just this last week. The
family tells me that they namedtheir husband. He named his
brother the beneficiary the lifeinsurance because his children
were little and they couldn'tinherit the money.
Jerri Hemsworth (16:04):
Right.
David Schneider (16:05):
So the brother
is going to get the money to
take care of the kids, right? Idon't know that that's right.
Jerri Hemsworth (16:10):
Right.
David Schneider (16:11):
A, I don't know
your brother. B, if your brother
inherits it and he subsequentlypasses away, it's going to your
nieces and nephews.
Jerri Hemsworth (16:18):
Yeah, not to
their kids.
David Schneider (16:19):
You don't owe
any allegiance to their cousins.
Jerri Hemsworth (16:21):
No.
David Schneider (16:22):
You don't. You
can't do that. And when the
trust is in place, we could havethat money come into the trust.
The successor trustee, whetherit's the brother or the sister,
whoever it's going to be, wouldmanage that dough.
Jerri Hemsworth (16:34):
Yes.
David Schneider (16:35):
And it's just
done.
Jerri Hemsworth (16:37):
Yeah, yeah.
David Schneider (16:38):
So I see all
kinds of interesting things, the
ideas that people think up ontheir own to how they're going
to deal with these issues andum,
Jerri Hemsworth (16:50):
and most of the
time, not really legally, I bet.
David Schneider (16:52):
Well, you know,
it's not as much how legal or
illegal, but just here'ssomething that's that you might
find weird. I look at people intheir worst light, not their
best light. You actually pay meto think that way.
Jerri Hemsworth (17:13):
Sure.
David Schneider (17:14):
I'm looking at
how your brother is going to
screw over his nieces.
Jerri Hemsworth (17:17):
Absolutely.
David Schneider (17:18):
You know how
these friends treat you.
Jerri Hemsworth (17:20):
Yes.
David Schneider (17:21):
One sibling
versus the other.
Jerri Hemsworth (17:22):
Yes.
David Schneider (17:23):
I'm paid to
look at people in their worst
way, not their best way, becausethat's really the only way I can
protect you.
Jerri Hemsworth (17:29):
Exactly I can.
David Schneider (17:30):
It's funky that
way.
Jerri Hemsworth (17:31):
Yes, yeah.
David Schneider (17:32):
So um,
Jerri Hemsworth (17:33):
Think evilly in
order to prevent evil,
David Schneider (17:36):
Right, right.
You know, it's just simply beingprepared.
Jerri Hemsworth (17:39):
Sure,
absolutely.
David Schneider (17:40):
And so there's
a number of people that will
kind of get uncomfortable withthat, that look at me cross
eyed. How could you even thinkthat about my sister?
Jerri Hemsworth (17:49):
Trust me.
David Schneider (17:50):
Yeah.
Jerri Hemsworth (17:50):
All it takes is
mom and dad to die, and suddenly
you're thinking that about yoursister.
David Schneider (17:55):
Exactly, or
better yet, why don't you come
with me to court one day andjust sit and watch, you know
what's going on with thesepeople.
Jerri Hemsworth (18:03):
Unfortunately.
David Schneider (18:04):
So, and then
the other the other funny thing
is almost to a person, everybodywho walks through my front door
is coming to see me, because,well, we're gonna die at some
point. We need a plan. And Idon't actually think that, I
look at everybody is going tolive. What happens if you live?
(18:27):
We A.) need to protect thisdough for you. You worked for
it.
It's not for your children.
Jerri Hemsworth (18:31):
Yes.
Right.
David Schneider (18:34):
Okay? With any
luck at all, like we said
earlier, you clothed them, youfed them, you educated them,
they've grown up to succeed you.
Jerri Hemsworth (18:42):
Yes.
David Schneider (18:43):
And that this
is your dough, I'm trying to
protect you. But secondly, youmight not die. You could become
incapacitated.
Jerri Hemsworth (18:53):
Yeah, that's a
toughie.
David Schneider (18:55):
It is. But the
numbers scream at us, one in
three persons aged 68 or olderwill have a significant period
of incapacity before the end ofthe game.
Jerri Hemsworth (19:05):
Yes.
David Schneider (19:06):
I was working
with a client again just
yesterday, and he kept steeringthe conversation back to well,
when we die, this and this andthis will happen. And it had to
be about half a dozen times, andI said," you might not die," he
says, "But I have a beneficiarydesignation on this life
(19:27):
insurance." Yes, beneficiariesget paid when you die. What
happens when you becomeincapacitated? How can we access
this dough?
Jerri Hemsworth (19:37):
Yes.
David Schneider (19:38):
So it's trying
to educate the client to think
about the future.
Jerri Hemsworth (19:43):
Such a good
point, David.
David Schneider (19:44):
So.
Jerri Hemsworth (19:45):
Such a good
point. I know when I lost my
father and and I was the I wastaking care of the trust and and
I sold some, some real estate.
Um. Family real estate that mymom said, "Yes, go ahead and
sell it" and we would literallywere never thinking that mom
(20:06):
would get sick or or that wethought, okay, now she might be
able to live a little bitdifferent. Dad was was not
incapacitated, but very limited,and we thought, now she can
travel maybe, and she has thislittle nest egg, and we were
literally getting ready to meetwith a financial advisor on
(20:27):
investing this money from thisproperty. And then my mom got
sick, and unfortunately, shepassed about 15-16, months after
my father.
David Schneider (20:43):
Very common.
Jerri Hemsworth (20:44):
And, and it was
nothing any of us, four children
saw coming.
David Schneider (20:48):
Right.
Jerri Hemsworth (20:49):
Not even we, we
and I don't think mom even saw
it coming. I mean, she in and,and so fortunately, my dad, as I
say, he woke up dead, passed inhis sleep.
David Schneider (21:04):
Very, very
fortunate.
Jerri Hemsworth (21:05):
But my mother
did not, and it was fortunately,
I had that money to pay for herwhen she was incapac
incapacitated. Yes, because sheshe outlived the 100 Days of
what is it Medicare that paysfor,
David Schneider (21:22):
Right.
Jerri Hemsworth (21:23):
You know.
David Schneider (21:23):
It's very
limited.
Jerri Hemsworth (21:24):
And then, but
she couldn't go home and live on
her own. And suddenly I thought,holy crap, this wasn't planned
for.
David Schneider (21:33):
Right.
Jerri Hemsworth (21:34):
And if I hadn't
had sold that property, would
never have been able to affordher care.
David Schneider (21:41):
Right. Most
people will tell me, "I want to
remain at home. I'd like toremain at home as long as"
Jerri Hemsworth (21:48):
Long as
possible.
David Schneider (21:49):
And most people
don't realize just how
impractical that really is.
Jerri Hemsworth (21:54):
and now how
bloody and expensive that is.
David Schneider (21:58):
Tremendous. I
was speaking with a friend of
mine last week that deals inhome healthcare, providing
people as companions, people towatch, that help cook and
prepare. And she was telling mea number of $22,000 a month.
Now, my own mother has to livein assisted living, and her care
(22:21):
is roughly $7500 a month. Wouldshe have rather have lived in
her home? I believe that that'strue.
Jerri Hemsworth (22:30):
Yes.
David Schneider (22:30):
Was that
actually the best thing for her?
No, it wasn't. She was isolated.
She anti social and not eatingproperly.
You know, so atthat point it's you make very
Jerri Hemsworth (22:42):
Right.
difficult decisions.
Yes.
David Schneider (22:48):
And you have to
put on your big boy pants.
Jerri Hemsworth (22:50):
Very big boy
pants.
David Schneider (22:51):
Explain. These
are the facts of life.
Jerri Hemsworth (22:54):
Yes.
David Schneider (22:55):
I often compare
it to raising children.
Jerri Hemsworth (22:58):
Yes, yeah.
David Schneider (22:59):
You know,
Jerri Hemsworth (22:59):
Your parents do
become your children.
David Schneider (23:01):
Exactly the
different client emailed me. So
my mom keeps insisting ondriving, and she's a danger to
everybody, including manholecover. And what do I do? Take
the keys away? Well, she'sthreatening me. I said, why?
When your 15 year old threw atantrum, did you toss him the
(23:23):
keys?
Jerri Hemsworth (23:24):
Yeah, yeah.
yeah.
David Schneider (23:25):
You have to
step up. This is, believe it or
not, what they want you to do.
Jerri Hemsworth (23:31):
Yes.
David Schneider (23:31):
They just don't
consciously know that today. But
when they created these forms,power of attorney, trust, and
they said, Jerri, you know,we're going to put you in
charge, because they trustedyou. They had confidence in you,
that you would be there to actwhen they couldn't.
Jerri Hemsworth (23:49):
Yes.
David Schneider (23:49):
And now that
they can't act, they're no
longer thinking rationally.
Jerri Hemsworth (23:54):
Right.
David Schneider (23:54):
And the other
strange concept that comes into
play is that most people aregoing to say, "well, that's, you
know, that's when I get older."Yeah, there's nothing that says
the you know, dementia isgenerally considered, you know,
you know, something that happenswhen you're older. But there are
(24:14):
many debilitating issues thatcould cause a person in their
30s or 40s, 50s,
Jerri Hemsworth (24:22):
Absolutely.
David Schneider (24:22):
To have a lack
of capacity.
Jerri Hemsworth (24:25):
Sure, sure.
David Schneider (24:25):
So,
Jerri Hemsworth (24:26):
Strokes hit at
every age.
David Schneider (24:28):
Absolutely.
Jerri Hemsworth (24:28):
You know, and
things like that.
David Schneider (24:29):
Yeah. So, you
know, a lot of the things that
I'm dealing with are arebreaking down these walls of
these preconceived notions ofhow an estate plan works, or why
it works the way it does. Andfrankly, I spend the bulk of my
time with clients teaching.
Jerri Hemsworth (24:47):
I bet.
David Schneider (24:47):
You know it
takes me, of course, time to
draft documents and to figureout what they actually want. But
if I spend on an average, fivehours with a client, almost four
of them are teaching.
Jerri Hemsworth (25:00):
Gotcha.
David Schneider (25:01):
You know, this
is why we're doing it. An
educated client is the bestclient. Educated clients do two
things really well. They followinstructions. They follow
through. I create the trust, Ihelp title the home and the
trust. But you have to go thebank, you have to go the
brokerage, house, lifeinsurance, like when I need you
(25:22):
to do it, and if you don'tunderstand it, you don't have
the motivation, you don't seethe end game. So an educated
client follows through. Thesecond thing I love about
educated clients, they refer.
Jerri Hemsworth (25:35):
Nice. Yeah.
You're right.
David Schneider (25:36):
Well, you they
tell somebody else. You know
what, Dave did a good job. Hebroke it down. I understand it.
You got to go see my friendDave.
Jerri Hemsworth (25:45):
Nice.
David Schneider (25:46):
So.
Jerri Hemsworth (25:46):
Yeah.
David Schneider (25:46):
It helps feed
itself.
Jerri Hemsworth (25:49):
Dave, I'm gonna
switch around. What do you do
when you're not in your law firmand you're not practicing law?
What is your favorite hobby?
David Schneider (25:58):
Well, my
favorite hobby is probably
poker.
Jerri Hemsworth (26:02):
Poker?
David Schneider (26:03):
I play poker.
Jerri Hemsworth (26:06):
Do you now?
David Schneider (26:07):
Yes.
Jerri Hemsworth (26:09):
Oh!
David Schneider (26:09):
Yeah. In fact,
we're getting ready, planning
our vacations, or, I should say,my vactions.
Jerri Hemsworth (26:14):
I was gonna
say, "our?"
David Schneider (26:16):
No. That's why,
in June, there's a couple of
weeks where my wife becomes thepoker widow and I go off to the
World Series of Poker.
Jerri Hemsworth (26:28):
Do you?
David Schneider (26:29):
Yeah.
Jerri Hemsworth (26:30):
That's amazing.
David Schneider (26:31):
I have that
coming up. I have a couple of
weeks scheduled, a week there,week back, week there again.
Jerri Hemsworth (26:36):
And where's it
at?
David Schneider (26:37):
This is in Las
Vegas.
Jerri Hemsworth (26:39):
Of course.
David Schneider (26:39):
Yeah, at the
Horseshoe.
Jerri Hemsworth (26:40):
Okay.
David Schneider (26:41):
And they'll
cycle hundreds of 1000s of
people through these varioustournaments. And I've got four
different tournaments I've gotpegged on my calendar that I'm
going to play. And you know, forthe last several years, I've
been playing for a long time,but last several years, I've
kind of put a little bit morefocus on tournament play. I love
(27:03):
to play for cash. That's really,
Jerri Hemsworth (27:05):
Well, yeah,
hello.
David Schneider (27:06):
You know, let's
go sit down,
Jerri Hemsworth (27:07):
Who wouldn't
right if you got skills.
David Schneider (27:09):
Yeah, go, go,
take somebody else's money. But
the two summers ago, in one ofthe senior events, there was
about 3800 players, and Ifinished 36.
Jerri Hemsworth (27:21):
Are you
kidding?
David Schneider (27:22):
No, no, and
then
Jerri Hemsworth (27:23):
Okay, so you're
not like a schlub at this.
David Schneider (27:25):
No, no, I have
a little bit of experience.
Jerri Hemsworth (27:28):
Okay, all
right.
David Schneider (27:30):
I've been
playing as a serious amateur for
about 20 years.
Jerri Hemsworth (27:35):
Holy smokes.
How'd you get into this?
David Schneider (27:39):
I'm not really
sure exactly, I think I stumbled
upon it, found that I was good,kind of mucked my way around.
And then when the poker boomcame,
Jerri Hemsworth (27:53):
Yeah, yeah.
David Schneider (27:53):
I'd already
played for a while. But when
that came, way back in 2003 Istarted actually studying.
Jerri Hemsworth (28:00):
Whoa.
David Schneider (28:01):
And, you know,
figuring out,
Jerri Hemsworth (28:03):
Right.
David Schneider (28:03):
Where the game
was going. And it just is kind
of a natural flow. I will tellyou, a lot of attorneys play
poker. I think it has to do withsome of the training that we get
our attention to detail, gettingbetween the lines. It's not
uncommon for,
Jerri Hemsworth (28:21):
Reading people.
David Schneider (28:22):
Reading people.
It's not uncommon for me to sitat a game and there might be two
or three other lawyers at thetable.
Jerri Hemsworth (28:29):
Really?
David Schneider (28:30):
So that's very
common.
Jerri Hemsworth (28:32):
Now, are you
one of those players that dons
the hat, the sunglasses sopeople can't see your eyeballs?
David Schneider (28:39):
I used to wear
the glasses a lot.
Jerri Hemsworth (28:43):
Why am I not
surprised? I can see you.
David Schneider (28:47):
well a couple
of times when I've been in
studios where there's brightlights, I'll still wear them.
Jerri Hemsworth (28:56):
Yeah.
David Schneider (28:58):
Actually,
since, since the pandemic, when
the poker rooms opened back up,I stopped wearing the glasses. I
just felt it was changingpeople's perception of me in a
way that no longer fit what Iwanted to tell them. Often I'm
one of the older guys at thetable, so I have a there's a
(29:23):
preconceived notion as to who Iam and how I might play the
game, and then wearing theglasses was counterintuitive.
Jerri Hemsworth (29:31):
Interesting.
David Schneider (29:32):
I'd rather be
thought of. You know, there's
some people at these tables,"Hey, Papa, how are you?"
Jerri Hemsworth (29:37):
Yeah.
David Schneider (29:38):
Yeah, no, I'm
fine. Thank you. And they put a
stereotype on me how I mightplay, and then I can use that to
my advantage.
Jerri Hemsworth (29:47):
Sure.
David Schneider (29:47):
Well, the
glasses are actually like I
said, opposite to that.
Jerri Hemsworth (29:50):
Gotcha.
David Schneider (29:51):
So,
Jerri Hemsworth (29:53):
Yeah. So do you
show up in T shirt and sweats?
David Schneider (29:56):
Usually
actually, funny enough I have,
well, not sweats, I'm not asweats guy, but I often have a
jacket that has some kind ofracing emblems on it, because,
if I have to name a secondhobby, it's Corvette Racing.
Jerri Hemsworth (30:14):
Okay,
David Schneider (30:15):
and so,
Jerri Hemsworth (30:16):
Hence the
bright blue Corvette sitting in
the driveway.
David Schneider (30:19):
Yes, I drove it
because it's Friday.
Jerri Hemsworth (30:20):
Yeah, it's
Friday! Corvette Friday!
David Schneider (30:24):
So, so I but
they're very casual.
Jerri Hemsworth (30:27):
Okay, yeah,
yeah, that's interesting. My The
reason I asked that is I learnedabout that technique from my
mother in law, who she she hadmoney, but she had an affinity
for garage sales.
David Schneider (30:42):
Okay, yeah.
Jerri Hemsworth (30:43):
She called them
Saturday stores.
David Schneider (30:45):
Sure, sure.
Jerri Hemsworth (30:46):
And her delio
was never wear nice clothes and
always take a coin purse filledwith coins, not dollar bills.
David Schneider (30:54):
Right. You can
make change.
Jerri Hemsworth (30:55):
Exactly. And
sort of it was the stereotype.
It was sort of the perception.
And I said, well, then stopshowing up in your damn
Mercedes, you know, let's takemy Honda. You know, that kind of
stuff.
David Schneider (31:09):
Exactly so
similar.
Jerri Hemsworth (31:10):
Yes, yes, but
oh my gosh, I did not know that
about you.
David Schneider (31:15):
Yeah.
Jerri Hemsworth (31:15):
That's
fantastic. So how many times do
you play in a week would yousay?
David Schneider (31:21):
Right now, I
play one day a week.
Jerri Hemsworth (31:23):
Okay.
David Schneider (31:23):
I usually will
play on Saturday nights. I'll
drive into the city and play inour real casino.
Jerri Hemsworth (31:29):
All right.
David Schneider (31:30):
I'll often talk
to people, and they'll ask about
this, and "oh well, you know, wehave a game. We have a Friday
night game, you know, the guys.
And we do this, we play, youknow, 50 cent, dollar" or
whatever. "And you ought to comeand come and play." "Well, you
know, maybe, maybe I can findsome, some time to do that."
"Where do you like to play?""Well, I'm usually playing the
5-5-10, down at Gardens orCommerce and, you know, or in
(31:54):
the series, I love to play itthere." "Yeah, you're not
invited."
Jerri Hemsworth (32:02):
Oh.
David Schneider (32:03):
I get uninvited
to more games.
Jerri Hemsworth (32:05):
Too serious.
You're too good.
David Schneider (32:07):
Well, it's they
don't know because they never
played.
Jerri Hemsworth (32:10):
Sure, sure.
David Schneider (32:13):
Funny enough. A
little bit before the pandemic,
I was playing a lot, and itliterally started to become a
job. And I said, Well, wait aminute, I don't need this. I
work for a living.
Jerri Hemsworth (32:25):
Yeah.
David Schneider (32:26):
And, and so I
cut back, and I'm happier doing
it.
Jerri Hemsworth (32:31):
Yeah, I bet.
David Schneider (32:31):
And, you know,
I stepped up a level of the game
at the stakes that I'm playing.
And it's more enjoyable and moreoften than not their winners,
not not every time. That'susually a long drive home, you
know, as I'm,
Jerri Hemsworth (32:50):
Suddenly the
route seems so much longer.
David Schneider (32:53):
I'm pounding
the ceiling. Why? Why did I play
that hand that way? And,
Jerri Hemsworth (32:57):
No, I shouldn't
have done that.
David Schneider (32:58):
Yeah, and, you
know? And that's, that's
something, you know, I I studythe game, and I'm reading and
I'm working it out, and Iremember hands. I go home, and
I'll talk to him with somebodyelse about it. "Hey, you know,
this is what I did. What do youthink, you know, here, there?"
And yes, there's a hand,actually, from this last
(33:19):
Saturday that's haunting mestill.
Jerri Hemsworth (33:21):
Ohhh.
David Schneider (33:21):
So I really got
to get it out of my head.
Jerri Hemsworth (33:23):
PTSD.
David Schneider (33:24):
Little bit.
It's about a $3,000 mistake.
Jerri Hemsworth (33:28):
Ouchy. Yeah, do
you keep a separate account for
your funny money?
David Schneider (33:32):
Yes, yes.
Jerri Hemsworth (33:33):
Nice.
David Schneider (33:33):
I have only
that money. And you know my
wife, you know, bless her, shetruly understands, and she knows
that that's not the house money,it's not the rent money. You
know that that's that and, and,but you do give her a
percentage, I have to imagine, Igive her everything she asks
for.
Jerri Hemsworth (33:52):
Toleration
percentage.
David Schneider (33:53):
Everything she
asks for. You want this? You
want that? Whatever the heck itis, but you know it the $100
bills.
They're tools,and it's just the same as the
Jerri Hemsworth (34:04):
Yes.
tools that are in your toolchest. This is what I need to go
do that, and with any luck atall, I'm going to bring home
more than I took with me. And Ido more often than not.
Nice.
David Schneider (34:20):
But yeah, there
are some, some knots.
Jerri Hemsworth (34:23):
Yeah.
David Schneider (34:23):
And so Sunday
morning, you know, we are going
out to brunch, and she willeventually, sooner or later,
ask, "Well, how did it go?"
Jerri Hemsworth (34:31):
How did it go?
David Schneider (34:32):
And, you know,
she's kind of, she kind of knows
the vibe she, you know, if Ihaven't said something, she
says, yes, so last nightwasn't...
Jerri Hemsworth (34:42):
Wasn't very
productive?
David Schneider (34:44):
And frankly, I
think that she'd be a really
good player. She knows.
Jerri Hemsworth (34:48):
Yeah.
David Schneider (34:48):
Because she
listens.
Jerri Hemsworth (34:49):
Sure, oh yeah.
We absorb a lot from what youguys emit.
David Schneider (34:53):
Yeah. But you
know, when we go to Vegas
together on a holiday, her thingis the spa and the shop.
Jerri Hemsworth (35:01):
Yeah, sign me
up.
David Schneider (35:02):
And then then
Jerri Hemsworth (35:03):
Yup.
David Schneider (35:03):
I go play
cards.
Jerri Hemsworth (35:04):
You go play
cards.
David Schneider (35:05):
So I can go pay
for the spa in the shop.
Jerri Hemsworth (35:07):
Well, damn. You
better win! Because it's
probably more than one trip.
David Schneider (35:11):
Well, yeah, and
I'm not beyond telling the other
person at the table.
Jerri Hemsworth (35:16):
Yes!
David Schneider (35:17):
Hey guys,
Jerri Hemsworth (35:18):
Do me a solid.
I got the wife in the spa.
David Schneider (35:20):
My wife's at
the spa. She's over at Caesars
mall, so I raise.
Jerri Hemsworth (35:27):
Oh David, thank
you so much for sitting with me
today. This is such a great,great time. And I love learning.
Every time I talk to you, Ilearn more and more about what
you do. And it's great, great tohear. You write great articles,
and they're one of our mosthighly trafficked articles on
(35:49):
the website atEchelonprofessional.com and keep
it up. It's very, very muchneeded and commendable. So thank
you.
David Schneider (35:58):
Well, thanks.
Thanks for having me, terrificquestions. And, you know, if I
could just say one last thing.
Jerri Hemsworth (36:06):
Please.
David Schneider (36:06):
It's about,
everybody wants to go out and
earn a living, but I get toenjoy earning my living. So
that's, that's the part.
Jerri Hemsworth (36:15):
That's what we
should all strive for.
David Schneider (36:17):
Yeah, yeah.
Jerri Hemsworth (36:17):
Thank you.
Thank you for that.
David Schneider (36:19):
Yeah, my
pleasure.
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