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    What Happens If You, Or Your Parents, Don't Have a Will?

    enSeptember 22, 2023

    Podcast Summary

    • Monetizing your assets and dealing with estate planningMonetize your assets through Airbnb hosting, have a clear will to simplify estate settlement, and understand wealth management principles.

      Monetizing what you already have, such as hosting a space on Airbnb, can be an easy and effective side hustle. Meanwhile, dealing with financial matters after someone's death can be complicated regardless of one's wealth, making it essential to have a clear will. The speaker, Nicole Lappin, shared her experience of writing in remote cabins and her concern about leaving her house empty. She turned to Airbnb hosting as a solution, emphasizing the ease and affordability of this side hustle. She also highlighted the importance of having a clear will, as her friend Eric's experience of inheriting a complicated estate from his late father demonstrated. Despite his father's financial success, the process of settling his estate was complex due to the lack of a clear will. Eric and Nicole's conversation shed light on the importance of having a clear will to make the process of settling an estate smoother and less stressful. They also discussed the importance of understanding wealth management and the steps the Rockefellers took to build and retain their wealth. For those new to the side hustle game, Nicole encourages them to start with Airbnb hosting due to its low entry barriers. She also emphasizes the importance of addressing the financial matters after someone's death and the significance of having a clear will. In summary, the key takeaway is the importance of monetizing what you already have, having a clear will, and understanding the importance of wealth management.

    • Inheriting an estate involves more than just cashHeirs must consider operating businesses, real estate, ethical decisions, and potential estate taxes when inheriting an estate.

      Inheriting an estate involves more than just dealing with a lump sum of cash. It often includes operating businesses, real estate, and other complex assets. The estate tax can apply to the entire value of the estate, not just the cash on hand. This means that heirs may need to consider selling assets, refinancing, or finding other ways to pay the tax. Additionally, there are ethical considerations to take into account when deciding how to handle an inherited estate. For example, should the heirs liquidate the estate and sell off assets, or should they try to preserve the legacy and continue the business? These decisions can be complex and may require consulting with legal and financial professionals. Another important consideration is ensuring that life insurance proceeds are put into a trust to avoid estate taxes. Overall, inheriting an estate is a significant responsibility that requires careful planning and consideration.

    • Managing an Estate: Complexities and TaxesManaging an estate involves numerous complexities, taxes, and appraisals. It's crucial to handle it responsibly to avoid negatively impacting the deceased person's legacy.

      Managing an estate after a loved one's passing involves numerous complexities and taxes, such as estate tax and gift exemption. The process includes getting assets appraised by a trusted third party, filing with the CPI for discounted appraisals, and dealing with interpersonal issues among family members. The estate can be financed with the IRS over 14 years through an interest-bearing loan. The process is lengthy, involving numerous appraisals, paperwork, and debates on handling certain parts. It's crucial to manage the estate responsibly, ensuring it doesn't negatively impact the business or what the deceased person built. The experience can be overwhelming, especially for those unfamiliar with the process.

    • The importance of addressing estate planning before it's too lateEffective estate planning can save stress and confusion during a difficult time by ensuring taxes are paid, business documents are updated, and operational decisions are made. Have the conversation with family members before it's necessary.

      Effective estate planning is crucial and should be addressed before it's too late. The speaker's father, who had stage 4 cancer, didn't want to discuss estate planning and left the family with a complicated situation after his death. The estate included a trust, real estate, and a business, which required immediate attention to pay taxes, redo business documents, and make operational decisions. The IRS audit was inevitable due to the size of the estate. The speaker emphasizes the importance of having the conversation about estate planning with family members before it's necessary, as it can save stress and confusion during an already difficult time. The speaker also advises being prepared for the business aspects of managing an estate, such as dealing with loans and partnerships.

    • Avoid unnecessary complications with a clear estate planHaving a well-prepared estate plan can save your loved ones from unnecessary heartache and financial complications. Be proactive in hiring, use LinkedIn jobs for qualified candidates, and explore side hustles to offset expenses.

      Having a clear and well-planned estate plan is crucial to avoid unnecessary heartache, headaches, and financial complications for your loved ones. The speaker shared her experience of having a well-prepared plan, which allowed them to avoid several steps and potential issues. However, most families don't have this luxury, and assets can freeze during the process, making it essential to have open conversations about end-of-life planning. Additionally, the speaker mentioned the importance of being proactive in hiring for your business, using LinkedIn jobs to find qualified candidates who might not be actively looking for a new role. This can give you a competitive edge in the hiring process. Lastly, the speaker encouraged exploring side hustles, such as hosting on Airbnb, to monetize what you already own and offset expenses, like travel costs. By being open to new opportunities and planning ahead, you can save yourself stress and potential financial burdens.

    • Avoid probate with a will or trustCreating a will or trust saves time, money, and ensures assets are distributed according to your wishes upon death, while potentially reducing estate taxes.

      Everyone, regardless of wealth, should consider creating a will or trust to avoid the lengthy and costly probate process upon death. Probate is the court-supervised process for transferring wealth and assets, and it can take up to 2 years and tens of thousands of dollars in court and legal fees. If you die without a will, your assets will be distributed according to state law, which may not align with your wishes. A will or trust allows you to specify how your assets will be distributed, who will manage your affairs if you become incapacitated, and even make arrangements for your final wishes. Additionally, a trust can help protect assets from estate taxes, which can significantly reduce the value of your estate. So, it's essential to take the time to create a will or trust to ensure that your assets are transferred smoothly and according to your wishes upon your death.

    • Managing Assets and Securing Loved OnesEffective estate planning minimizes taxes, reduces stress, and ensures assets are distributed according to one's wishes, not just for the wealthy.

      Estate planning is an essential aspect of managing one's assets and securing the future of loved ones. Probate, the legal process of distributing a deceased person's assets, can be a lengthy and complicated process, often leading to unnecessary stress and costs. Estate taxes, which the government imposes on the transfer of assets, can significantly reduce the value of an estate. However, with proper planning, including creating up-to-date wills, trusts, and collaborating with professionals, individuals and families can minimize taxes and ensure their assets are distributed according to their wishes. Estate planning is not just for the wealthy; it's for anyone who wants to control the fate of their assets and provide for their loved ones. It's essential to address the intimidating topic of mortality and plan accordingly.

    • Effective estate planning includes digital assetsCommunicate digital asset wishes, use trusts to protect and avoid probate for all assets, including digital ones.

      Effective estate planning involves more than just traditional assets like homes, cars, and retirement accounts. Digital assets, including social media accounts and crypto, also require attention. While some platforms offer legacy contact features, it's crucial to communicate your wishes in an estate plan. Trusts, often thought of as only for the wealthy, are a common tool to protect and avoid probate for all assets, including digital ones. Trusts, such as revocable living trusts, can be set up to retain control during your lifetime but pass assets to heirs after your death, helping to avoid probate. Trusts can be updated as your life circumstances change. By understanding the role of trusts and the importance of addressing digital assets in your estate plan, you can ensure a more comprehensive and effective plan for managing your assets, both physical and digital, during your lifetime and after your passing.

    • Effective estate planning involves trusts and open conversations about money and taxesTrusts help avoid probate and provide continuity, while open conversations about money and taxes are essential for relationship health

      Establishing a trust is an essential part of an effective estate plan, providing continuity and ease of management for loved ones in the event of incapacity or death. Contrary to popular belief, trusts are not just for the wealthy, but rather a tool to avoid the lengthy and costly probate process. The traditional process can be intimidating, but companies like Trustmall make it accessible and easy to fill out necessary documents. Couples, especially those planning to marry or start a family, should have open and honest conversations about money, taxes, and insurance as part of their long-term relationship health. While the timing may vary, it's essential to discuss these topics before significant life events, such as marriage or homeownership.

    • Discovering Parents' Outdated Estate Plan Inspired Speaker to Start Trust SmallStarting a conversation about estate planning with loved ones is essential, making plans clear and accessible, and considering life insurance as part of an estate plan can bring peace of mind.

      Having an estate plan in place is an essential aspect of responsible adulting, yet it can be an uncomfortable and confusing conversation to have with family members. The speaker shared his experience of discovering his parents' outdated estate plan, which left him with more questions than answers. This experience inspired him to start a company, Trust Small, which offers estate planning services and probate assistance to help families navigate this process more smoothly. The speaker emphasized that it's essential to have these conversations with loved ones before it's too late. He suggested that parents should make their plans clear and easily accessible to their children. Additionally, he mentioned that life insurance is an important component of an estate plan, providing peace of mind and financial security for the family. The speaker acknowledged that discussing estate planning and death is not a pleasant topic but encouraged listeners to approach it as they would a bucket list, recognizing the importance of preparing for the inevitable. Trust Small aims to provide high-touch customer service and education to help families navigate the probate process during what can be a difficult and emotional time.

    • Acknowledging mortality motivates us to live life to the fullestReflecting on our financial situations and investing in ourselves can help us appreciate life and pursue goals, as encouraged by Gary Vaynerchuk and Money Rehab.

      Facing the reality of our mortality can be a powerful motivator. According to Gary Vaynerchuk, acknowledging that we will eventually die can help us appreciate life and be motivated to pursue our goals. Money Rehab, a production of Money News Network, encourages listeners to reflect on their financial situations and seek help if needed. By investing in ourselves and our financial well-being, we can live life to the fullest. So, don't hesitate to email your money questions to Money Rehab or follow Money News Network on Instagram and Tiktok for more resources. Remember, the most important investment you can make is in yourself.

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    Visit the Cortes Law Firm for more information.
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    5801 Broadway Extension Hwy Suite 110 
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    If you are seeking personal financial advice specific to your circumstances you can contact the team at Burke Britton Financial Partners on 0352217700, admin@bbfp.com.au, visit our website at www.bbfp.com.au or book a 15min call to see how we can help you via https://app.acuityscheduling.com/schedule.php?owner=18922676

     

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    PB Financial Solutions Pty Ltd trading as Burke Britton Financial Partners ABN 67 097 381 523. PB Financial Solutions Pty Ltd trading as Burke Britton Financial Partners are Authorised Representatives of AMP Financial Planning Pty Limited, ABN 89 051 208 327, AFS Licence No: 232706.

     

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    Australian Securities and Investments Commission (ASIC). (2019, June 5). Media release: Half of Australian adults don't have a will. https://asic.gov.au/about-asic/news-centre/find-a-media-release/2019-releases/19-151mr-half-of-australian-adults-don-t-have-a-will/