Episode Transcript
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Speaker 1 (00:01):
This is Ask Todd on the Financial Exchange Radio network.
If you have an existing estate plan or in the
market for one, Todd Letsky is here to answer your
questions and help you plan for a later life. Ask
Todd is presented by Cushing and Dolan, serving Massachusetts and
New England for more than thirty five years, helping families
with a state and tax planning, medicaid planning, and probate law.
(00:22):
Visit Cushingdolan dot com. Now here's Todd Lutsky.
Speaker 2 (00:27):
As promise, we're joined now by the one and only
Todd Watski from the law firm of Cushing and Dolan.
Phone lines are open, so get calling with your state
planning questions for Todd. Eight eight eight two zero five
two two sixty three is the number. Again we call
the segment Ask Todd so that you can ask Todd
your estate planning questions live on air right now and
(00:51):
so again room on the phone lines at eight eight
eight to zero five two two six three. We can
usually get through two to three calls in any given show,
so get calling early and often. Again. That number is
eight eight eight two zero five two two six'. Three Mister,
lutsky how are you doing. Today i'm doing pretty, well pretty,
(01:13):
well can't complain, You, uh not.
Speaker 3 (01:15):
BAD I SO i have a pet. Snail that's an interesting.
Pet YESTERDAY i.
Speaker 2 (01:21):
Took the shell off the snail to see if he'd
get faster and made it more. Sluggish, Yeah i'm. Sure,
yeah real problem it, Is. TODD i want to talk
to you about irrevocable. Trusts when you look at the
menu of choices that an individual, has how many different
kinds of irrevocable trusts are there realistically for an individual
(01:43):
to choose, from depending on what they're trying to.
Speaker 3 (01:46):
Do, YEAH i think that's a that's an interesting question
BECAUSE i always tell, people, yeah there's many kinds of irrevocable,
trust AND i never know what the kinds there. Are,
yeah we never really get into all these different. Kinds
You're you're absolutely, Right so you, know it really depends
on what you're trying to. Accomplish so let's start with
something like a qualified personal residence. Trust, well that's an irrevocable.
(02:07):
Trust it's a way of getting your home or your vacation,
home very specific to only those two kinds of, assets
where you transfer the home to the trust and you. Reaserve,
well you have this reversionary period where then you have
to live x number of years and you can pick
the term of. Years of, course the longer the term of,
(02:30):
years meaning if you die within that term of, years
then that property never is out of your, state it's back.
In that's called a risk of. Reversion, well that risk
of reversion allows me to discount the value of the
Property i'm putting in there for gift tax, Purposes so
it allows me to lower the, value getting more assets
(02:50):
out of my, estate leveraging my exemption by doing. So
but the longer the time, period the larger the. DISCOUNT
i then get that asset out of your state and
all the future growth out of your. State so that's for.
That then there's people who want to just make regular.
Gifts they might just set up gifting trust just for
(03:11):
children or grandchildren and have it designed only for. Them
that's okay. Too then there's people who set up spousal
lifetime access, trusts also, irrevocable but these are, yes like
a gifting, trust but more designed for you husband and.
Wife that's why there's spousal lifetime access trusts to give
something away but retain the right to enjoy what you
(03:35):
gave away kind of, indirectly so very different than an
outright gifting trust to kids or a grandchildren's. Trust and
Then i'd say another one might be irrevocable life insurance
trust to hold life insurance and keep it a state
and income tax. Free and, finally how about a medicaid irrevocable.
(03:56):
Trust will we talk a lot about, that which is
WHY i left it for, last because we know about,
it we know it's designed Where unlike a lot of
these other TRUSTS i just, mentioned this one is very
much in control by, you so we get to control,
it use, it benefit from, it but yet avoid, probate reduce,
taxes and protect it from the cost of long term.
(04:17):
Care so very different, trusts very different control aspects to the,
trust and very different reasons to do each trust driven
by your family.
Speaker 2 (04:28):
Needs talk With TODD. A lotski from the law firm
Of cushing And. Dolan, again we've got space on the
phone lines for your estate planning. Questions eight eight eight
to zero five two two sixty three is the number,
again that is eight eight eight to zero five two
two sixty. Three we are going to take a quick break,
here but when we come, back we're gonna get right
(04:50):
to your questions With. Todd so again get. Calling we
still do have room on the phone. Lines that number
again is eight eight eight two zero five two two sixty.
Three one more, time it is eight eight eight to
zero five two two six.
Speaker 1 (05:05):
Three Ask todd With Todd lutsky Every wednesday at ten
thirty only here on The Financial Exchange Radio. Network you're
listening To Ask todd With Todd lutsky on The Financial
Exchange Radio.
Speaker 4 (05:20):
Network talking With Todd lootsky From Kushiinggan dolan's still got
room for your phone.
Speaker 2 (05:34):
Calls eight eight eight to zero five two two six
three is the. Number that number again is eight eight
eight to zero five two two six. Three for you
to Ask Todd ltsky your state planning. Questions, again it's
eight eight eight to zero five two two six.
Speaker 5 (05:52):
Three.
Speaker 2 (05:53):
Todd during the last segment you mentioned irrevocable life insurance.
Trust describe to me what that does in who that
would be a potential tool For, yeah you know.
Speaker 3 (06:04):
Interesting not only is it a type of irrevocable, trust
it actually has its own. Subcategory so there's two types
of irrevocable life insurance. Trust so within the life insurance trust,
world we actually have two. Kinds one is called the
first to die and the second one is, called ironically,
(06:25):
enough second to die irrevocable life insurance. Trust what DO
i mean by? That that's driven by the type of
life insurance that you. Own so let's play out the.
String If i've got a first to, die let's Say
i'm the. Insured it's a POLICY i own on my.
(06:45):
LIFE i would put that into an irrevocable life insurance
first to die. Trust likely If i'm, married make my
wife the, trustee which is, OKAY i can't, be and
THEN i can be the donor AND i can keep
the power to remove and replace the, trustee SO i
keep some control, sure and THEN i just pay the
(07:06):
PREMIUMS i make a gift to the, trust the trust
pays the, premium and life goes. On WHEN i, die
the money flows into that trust income and estate tax
free for the benefit of my spouse and my. Kids
and there'll be language in there with the spouse as
trustee SAYING i get the income for, life and the
(07:29):
spouse can also take out the principle as needed to
maintain her standard of living as. Needed so great she
gets to enjoy. It so estate tax free WHEN i,
die available for the use and enjoyment for my, spouse
and to the extent my spouse has not spent it,
all not taken it. All when she, dies whatever's left
(07:50):
in there also not included in her estate and, passes
yet again estate tax free to either the kids or
or to a share for the benefit of the, kids
depending on how long we want this to go. On generationally,
speaking state tax. Free so wonderful approach as to how
(08:12):
that works with life. Insurance, remember you got two million
dollar policy and you die In. Massachusetts that's one asset
you got in a state where two million, already so
it can. Matter it can. Matter second to, die on
the other, hand is one where my wife AND i
are the owners of the, policy the insured on the.
Policy we both then contribute it to the irrevocable trust
(08:37):
and are both the, donors and neither of us are the.
Trustees usually put the kids, on but keep the power
to remove and replace the, trustee so he keeps some. Control,
now the benefits of the trust are for the kids
and the, Grandkids but again we pay the premiums to
the trust to the trust then uses the money to
(08:58):
pay the actual premium to the insurance. Company life goes
on till we both, die then the money flows in the.
Trust and why is that Important because that's really when
the estate tax would be, due if. Any and so
now we use the money in the life insurance trust
to satisfy the estate tax, liability to prevent any liquidation,
(09:22):
event to get money to pay any estate. Taxes number
one and number two it was we leveraged our, dollars,
Right so if if we owed let's say a million
dollars in, tax but we only paid you, know one
hundred thousand dollars in. Premiums, wow, yeah the government gets
there a million dollars in, tax but really out of our,
(09:45):
pocket they only got one hundred thousand. Bucks SO i
mean that's a pretty significant. Leverage but life insurance can do.
THAT i don't know if it's to that, degree but
it certainly can provide. Leverage i'm just trying to make a.
Point so good idea if you're in that. Situation so
folks that need estate planning that have life insurance in,
(10:05):
play please consider. Those and if you need more information
on these kinds of, trusts islets revocable other irrevocable, trusts revocable,
trusts special needs, trusts pooled. Trusts you know you might
have a disabled, child of, course nominy realty Trust, chuck
you know we hate. Those no one knows what they,
(10:26):
are so we certainly got to learn. That this is
a great. Guide the top seven estate planning trust will
help you if you've never done your, planning get started
doing your planning and pick which trust is right for.
You and if you've done your planning, already then this
trust will help you figure, out, well MAYBE i need to, upgrade,
change maybe my dynamics have, Changed Maybe i'm older AND
(10:49):
i want to switch. Trusts something for everyone in these
in this. Guide top seven Estate Planning trusts eight six
six eight four eight five six nine nine Or Legal
Exchange show dot com again eight six six eight four
eight five six nine nine Or Legal Exchange show dot.
Speaker 2 (11:08):
Com todd got any question for you From sarah In. Westborough,
sarah you're on With Todd lupsky and what's your.
Speaker 5 (11:16):
Question, Well i'm kind of curious because it's more on
behalf my mother in. LAW i listened to you guys
all the, time AND i feel like she's gotten bad
advice about the idea of doing a. Trust she's, eighty
she only has my husband as a, child she has two,
grandkids so she figures she's written a will and she's
(11:37):
good to. Go and WHEN i mentioned trust stuff to,
her she gets real. Prickly So i'm not sure how
to approach. It but she owns a, house she has,
askedts she has you, know pension and, whatever AND i
think she's been given poor advice that she doesn't have
enough assets to make it, matter just write a.
Speaker 3 (11:57):
Will so so if if her goal is and again at,
EIGHTY i have to talk about or think about at,
least you, know nursing home type planning as. Well so
we really just have to ask her some, questions help
educate her as to what her wishes. Are you, know
when WHEN i meet these, CLIENTS i would say to, them,
well you, Know i'm not just going to throw a
trust at. You i'm going to, say you, know do
(12:18):
you want to make sure that you avoid? Probate and
they would, say, oh, YES i hate, probate you, know
do You it doesn't sound like she's over two, millions
so let's assume she doesn't have any estate tax. Issues
but that's always an. Issue THEN i, say, well do
you want to provide for your? Family do you want
to figure out how to leave your assets in an efficient?
Manner because a will won't do, that it'll won't even avoid.
(12:39):
Probate and if they say, yes you see you sort
of got To you gotta Get we only want to
do what they want to, do and we can't make
them do, anything nor do we. Try my goal is
simply to educate and as it should be, yours to
just ask her these. Questions you, know avoid. Probate, yes
provide for my, family, kid grand what have?
Speaker 1 (13:00):
You?
Speaker 3 (13:01):
Yes do you want to make sure the nursing home
doesn't take it so your kids and grandkids can get?
Speaker 1 (13:06):
It?
Speaker 3 (13:06):
Yes so you're getting her to say these are the
things she wants to. Do then you can, say, well,
okay a will will not accomplish that does not avoid.
Probate you file the will with the, court does not
protect assets from the nursing home, Period so there's you,
know a will's a. Won't i've said that more than one.
Time then once you get them on, board then it's
(13:29):
up to the lawyer to explain to them how the
irrevocable trust will keep them in, control because that's their
next big, concern you, Know oh my, gosh AM i
going to lose all this? Control And i'm sure she
might have those same. Concerns and we have to educate
them as to how they won't lose. CONTROL i. Know
and even WHEN i do a seminar AND i teach
other lawyers or accountants these, issues they'll come up to
(13:53):
me and they'll, Say, todd it sounds great when you
say all, this but WHEN i talk to my client
and try to teach them these irrevocable, trusts they just
say that there's too restrictive and they can't do. It
AND i have to politely sort of answer them by, saying,
well is it the irrevocable trust that's the problem or
is it the person who's explaining. It perhaps not the
(14:13):
right way is the, problem you. Know so it's just
a matter of educating them so they understand that it
does work for. Them but even at the end of the,
day if they still, say you, KNOW i just can't
get past the word irrevocable and it's not right for,
me well then we don't do. It SO i JUST
i just want people to make sure they're making decisions
(14:35):
based on ass based on answers and information that's. Accurate
you hate to make them answer questions that on inaccurate.
Information so that, SAID i hope that helps you with
with your. Situation Mister. Lutski thank you so much for
the time.
Speaker 2 (14:52):
Today always a.
Speaker 1 (14:52):
Pleasure this has been asked on on The Financial Exchange Radio.
Network asked with Tod. Letsky has been resented By cushing And,
dolan Serving massachusetts And New england for more than thirty,
years helping families with the state and tax, Planning medicaid,
planning and probate. Law call eight hundred three nine three
four thousand and one or Visit cushingdolan dot. Com the
(15:13):
views expressed in this segment are solely those Of cushing And.
Dolan Armstrong advisory does not provide any legal or tax.
Advice please consult with your illegal or tax advisor on such.
Matters cushing And armstrong do not endorse each other and
are not. Affiliated