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018: What Happens to Your Money When You Die?
Episode 1818th August 2022 • Retirement Equals Freedom • Josh Bretl
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What happens to your money after you die? This episode of The Retirement Equals Freedom Podcast goes right to the heart of this sensitive question – one that lots of us squeamishly avoid.

Co-hosts Josh Bretl of FSR Wealth Strategies and Dave Schmidt (aka Vulcan Schmidt Todd Lopez) move us out of denial into a clearer understanding of what estate planning looks like and how assets are classified among partners and beneficiaries.

You’ll also learn why trusts and wills are so important to ensuring the things we’ve worked hard for in our lifetimes will transfer smoothly (and as inexpensively as possible) to exactly those loved ones we wish to designate as heirs.

The topic doesn’t have to be ghoulish or sad and the alternative (burying our heads in the sand) can mean family arguments or an unintended windfall for Uncle Sam – something no one wants!

This info-packed episode will put you on the path to peace of mind and not a moment too soon. “Because wherever you go (when you die),” says Josh, “Your money’s not going with you!”

This episode was fueled by Cometeer Coffee, both iced and hot!

Don’t forget to sign up for the show’s new weekly email at this link and definitely come join the conversation at our new private Facebook group, which you can find here.

If you’d like to learn more about or listen to previous episodes of The Retirement Equals Freedom Podcast, you’ll find them here.

Click here to explore the services that FSR Wealth Strategies offers and schedule a discovery call with one of the team’s CPAs. When it comes to living your best life, it’s never too early to get started!

Transcripts

Josh Bretl:

We're gonna talk a little bit about estate

Josh Bretl:

planning 101 and what happens to your money when you die.

Josh Bretl:

Because wherever you go, it's not going with you.

Dave Schmidt:

What happens to your money after you die?

Dave Schmidt:

This episode of the Retirement Equals Freedom Podcast

Dave Schmidt:

goes right to the heart of this sensitive question.

Dave Schmidt:

One that lots of us squeamishly avoid.

Dave Schmidt:

Josh moves us out of denial and into a clearer

Dave Schmidt:

understanding of what estate planning looks like, and how

Dave Schmidt:

assets are classified among partners and beneficiaries.

Dave Schmidt:

The topic doesn't have to be ghoulish or sad.

Dave Schmidt:

And the alternative, burying our heads in the

Dave Schmidt:

sand, can mean family arguments or an unintended

Dave Schmidt:

windfall for uncle Sam.

Dave Schmidt:

Something, nobody wants.

Dave Schmidt:

This infopacked episode will put you on the path to peace of

Dave Schmidt:

mind and not a moment too soon.

Dave Schmidt:

Because wherever you go when you die, says Josh, your

Dave Schmidt:

money's not going with you.

Dave Schmidt:

This is the Retirement Equals Freedom Podcast.

Dave Schmidt:

Your host, Josh Bretl, is the owner of FSR Wealth Strategies.

Dave Schmidt:

For the last two decades, he's been helping fine folks like

Dave Schmidt:

you thrive in their retirement.

Dave Schmidt:

Me?

Dave Schmidt:

I'm Dave.

Dave Schmidt:

Josh's longtime friend, co-host, and fan of free food.

Dave Schmidt:

I'm here to keep the show lighthearted and fun.

Dave Schmidt:

So now let me, let you, let me end this introduction

Dave Schmidt:

so you can enjoy show.

Dave Schmidt:

FSR Wealth Management is a registered investment advisor

Dave Schmidt:

located in Elmhurst, Illinois.

Dave Schmidt:

Information and opinions contained in this audio

Dave Schmidt:

have been arrived at by FSR Wealth advisors.

Dave Schmidt:

All information herein is for informational purposes

Dave Schmidt:

and should not be construed as investment advice.

Dave Schmidt:

It does not constitute an offer, a solicitation or recommendation

Dave Schmidt:

to purchase any security.

Dave Schmidt:

FSR is not providing legal, tax, accounting, or financial

Dave Schmidt:

planning advice in this audio.

Dave Schmidt:

These views are as of the date of this publication

Dave Schmidt:

and are subject to change.

Dave Schmidt:

Ready to roll?

Josh Bretl:

I got to stop looking at pictures of cake.

Dave Schmidt:

Ooh.

Dave Schmidt:

Okay.

Dave Schmidt:

Why are you looking at pictures of cake?

Josh Bretl:

Because social media has an amazing algorithm.

Josh Bretl:

I've talked about this with my wife.

Josh Bretl:

I don't know if I've talked about it with you, but our

Josh Bretl:

generation they say is the generation that knows the

Josh Bretl:

world but is super comfortable also with the internet.

Josh Bretl:

We're the analog/digital crossover generation.

Dave Schmidt:

Correct.

Josh Bretl:

And I'm always amazed at the big data, all the

Josh Bretl:

data they say they have on us and how valuable our data is.

Dave Schmidt:

Oh yeah.

Josh Bretl:

But if I scroll Facebook or Twitter or

Josh Bretl:

Instagram, now they have these little video snippets, and

Josh Bretl:

everyone has different videos.

Josh Bretl:

And they get to know me so well, just the random videos I see.

Josh Bretl:

And they're so weird.

Josh Bretl:

Like ships, giant ships being rolled into the

Josh Bretl:

ocean for the first time.

Josh Bretl:

I can sit there and watch that for hours.

Josh Bretl:

And then, or like decorating a donut.

Josh Bretl:

I don't know why I watch these so much.

Josh Bretl:

So before we started recording, I started looking

Josh Bretl:

at the internet, and-

Dave Schmidt:

About cakes.

Josh Bretl:

I was like, oh man.

Josh Bretl:

Look at that cake.

Josh Bretl:

It's beautiful.

Dave Schmidt:

Well, we would not be drinking Cometeer had it

Dave Schmidt:

not been for an Instagram ad.

Dave Schmidt:

We know we're being sold to, but sometimes it's just so worth it.

Josh Bretl:

I'm sorry to be dilly dallying around as

Josh Bretl:

we're starting to talk here.

Dave Schmidt:

Yeah, because we never dilly dally around here.

Dave Schmidt:

We're right to business.

Dave Schmidt:

So you had a nice vacation last week.

Josh Bretl:

Yeah, I was off most of last week.

Josh Bretl:

I took the kids to Michigan.

Josh Bretl:

Michigan is my happy place.

Josh Bretl:

My wife and I, we've been trying to do this since

Josh Bretl:

the beginning of COVID.

Josh Bretl:

I grew up, my parents had a place in Southwest Michigan.

Josh Bretl:

This was our entire summer, we're always up there.

Josh Bretl:

We're up at the Warren Dune State Park.

Josh Bretl:

And as our kids have gotten older, they've been dying to go

Josh Bretl:

up there more and more as well.

Josh Bretl:

And during COVID we were up there all the time, because it

Josh Bretl:

was the one thing you do, and it was a great, fun vacation.

Josh Bretl:

And there's this little farm up there, and it's kind

Josh Bretl:

of like an organic farm.

Josh Bretl:

They have a restaurant where they do farm to table dinners

Josh Bretl:

ad, and they on the weekends, they have their own farmer's

Josh Bretl:

market on the farm property.

Josh Bretl:

It's really kind of cool.

Josh Bretl:

And a few years ago they started doing farm camps.

Josh Bretl:

It's called Granor Farm.

Josh Bretl:

G-R-A- N-O-R.

Josh Bretl:

It's really a cool place.

Josh Bretl:

They started doing these farm camps for kids ages five to 10.

Josh Bretl:

And they are four day camps, half days.

Josh Bretl:

And the kids get to learn to cook on the farm and harvest

Josh Bretl:

vegetables and feed the chickens and do stuff like that.

Dave Schmidt:

All three of your kids were old enough to do it?

Josh Bretl:

So we've been trying for two years.

Josh Bretl:

And finally this is the third year we got them in.

Dave Schmidt:

Nice.

Josh Bretl:

And so we went up last weekend and spent

Josh Bretl:

a day with my parents.

Josh Bretl:

My parents left, and we're in the house and

Josh Bretl:

we had a week up there.

Josh Bretl:

We'd get up, do something in the morning, we go

Josh Bretl:

to the beach or go pick blueberries or do something.

Josh Bretl:

We'd drop the kids off at farm camp, Missy and I would

Josh Bretl:

go and have a wonderful lunch at one of the variety

Josh Bretl:

of restaurants up there.

Josh Bretl:

And we'd come back with the kids up, do something at

Josh Bretl:

night, it was a fun time.

Josh Bretl:

It was a great week.

Josh Bretl:

Kids loved it.

Dave Schmidt:

Awesome.

Dave Schmidt:

That is so cool.

Dave Schmidt:

Now, didn't your kids also recently milk a cow?

Josh Bretl:

They did also.

Josh Bretl:

That was 4th of July, we went to a dairy farm and they learned

Josh Bretl:

about, I don't know if I'd recommend that one as much so

Josh Bretl:

I won't mention that name, but let's just say, they said it

Josh Bretl:

was kid oriented and the farmer who was super knowledgeable,

Josh Bretl:

and the farm looked gorgeous, but my eight year old didn't

Josh Bretl:

need a 15 minute dissertation on artificial insemination.

Dave Schmidt:

Oh, I suppose not.

Dave Schmidt:

There's no demo of that.

Josh Bretl:

So it was a little bit of a goof up, well, they

Josh Bretl:

had a cow there for the kids to milk, and that was kind of cute.

Dave Schmidt:

So when should we expect you to

Dave Schmidt:

wear overalls to the office?

Josh Bretl:

It was funny.

Josh Bretl:

At every good kids' camp they have teenagers who are helping

Josh Bretl:

run it and stuff like that.

Josh Bretl:

And as they come out to meet the kids, and I said

Josh Bretl:

to my wife, I said, this is a place where the overall's

Josh Bretl:

actually look appropriate.

Josh Bretl:

Like our daughter has overalls when she wears them,

Josh Bretl:

she thinks they're cute.

Josh Bretl:

Not because they're actually appropriate.

Dave Schmidt:

She's one of them down there, up there.

Dave Schmidt:

Maggie in her overalls.

Dave Schmidt:

That's good stuff, man.

Dave Schmidt:

You deserve the break.

Josh Bretl:

It was fun.

Josh Bretl:

It was a lot of fun, and I think we were all surprised at

Josh Bretl:

how much fun it was up there.

Dave Schmidt:

That's cool.

Dave Schmidt:

Do you know the story of when my dad, when we

Dave Schmidt:

were younger, my dad was working in Crate and Barrel.

Dave Schmidt:

And we got home, my mom and my sisters and I got

Dave Schmidt:

home from a night out, and there was a message on her

Dave Schmidt:

answering machine from my dad.

Dave Schmidt:

Do you remember the story?

Josh Bretl:

I have a small recollection, but

Josh Bretl:

I'm not well enough to...

Dave Schmidt:

Okay.

Dave Schmidt:

It goes something like this.

Dave Schmidt:

He goes, "Guys, this is your father."

Josh Bretl:

It's coming back to me.

Josh Bretl:

Okay.

Dave Schmidt:

"The van has been stolen.

Dave Schmidt:

I've walked up and down the parking garage, and

Dave Schmidt:

I'm sad to say the family minivan has been stolen.

Dave Schmidt:

The police are on their way, but I just want to let you know.

Dave Schmidt:

I'm not sure I'll get home, but just want to let you know."

Dave Schmidt:

And he hung up.

Dave Schmidt:

And we're sitting around like, wow, well, what do we

Dave Schmidt:

do with this information?

Dave Schmidt:

And then no joke, it's like right out of a sitcom-

Josh Bretl:

This was before cell phones, so

Josh Bretl:

you couldn't call back.

Dave Schmidt:

Correct.

Josh Bretl:

And this was a message on your

Josh Bretl:

answering machine.

Josh Bretl:

Think of the analog days, we grew up in that.

Josh Bretl:

Yep.

Dave Schmidt:

Right.

Dave Schmidt:

And right out of a sitcom, five minutes later, he pulls up into

Dave Schmidt:

the driveway and he walks in.

Dave Schmidt:

We're like, uh.

Dave Schmidt:

He goes, "I was on the wrong level in the parking garage."

Dave Schmidt:

He apparently didn't look hard enough.

Dave Schmidt:

Well, so we got a message from my mom...

Josh Bretl:

Hold up, hold up.

Josh Bretl:

Before you go there, we're we need to have

Josh Bretl:

your dad on the podcast.

Dave Schmidt:

Agreed.

Josh Bretl:

But your sister Julie is so funny.

Josh Bretl:

She might be funnier than you.

Josh Bretl:

And when the two of you would make fun of him

Josh Bretl:

for this, you could see him just get bright red.

Josh Bretl:

It was so funny.

Josh Bretl:

Remember when the car couldn't go forward?

Dave Schmidt:

He would drive it backwards on York road.

Dave Schmidt:

That's the story he tells.

Dave Schmidt:

I don't know.

Dave Schmidt:

Well, so anyway, we got a message from my mom this weekend

Dave Schmidt:

that she did like an overnight or a stamp camp thing, right?

Dave Schmidt:

For making her homemade cards and her stamping.

Dave Schmidt:

And she goes, my car was stolen.

Dave Schmidt:

And we're like, oh, she's pulling a dad.

Dave Schmidt:

But no, her car was actually stolen from the hotel

Dave Schmidt:

parking lot this weekend.

Josh Bretl:

Really?

Dave Schmidt:

Yeah, legit.

Dave Schmidt:

She had the sheriff out, they were all looking around

Dave Schmidt:

the parking lot, just gone.

Dave Schmidt:

So she went through a whole rigamarole with the

Dave Schmidt:

sheriff and her insurance.

Dave Schmidt:

And we got a text message this morning now from

Dave Schmidt:

her, found my car.

Dave Schmidt:

Sheriff called at eight fifteen, catalytic converter

Dave Schmidt:

stolen, but drivable.

Dave Schmidt:

So they stole her little 2015 Hyundai, whipped

Dave Schmidt:

out the converter and just left it there.

Josh Bretl:

Man.

Dave Schmidt:

Yeah.

Josh Bretl:

I mean, lot of people who listen to this

Josh Bretl:

are from Chicago and we've had a rash of carjackings

Josh Bretl:

in the city recently.

Josh Bretl:

Your mom's in Colorado.

Dave Schmidt:

Yeah.

Dave Schmidt:

And this happened in Denver proper, but outskirts of

Dave Schmidt:

Denver, suburban Denver, pretty much like our Oak Park.

Dave Schmidt:

Upscale neighborhood, but it happens everywhere.

Josh Bretl:

Is she okay?

Dave Schmidt:

Yeah.

Dave Schmidt:

I mean, she's freaked out, right?

Dave Schmidt:

But she didn't lose anything valuable in there, and it's

Dave Schmidt:

just one of them things.

Dave Schmidt:

But I think it was funny that we all thought she

Dave Schmidt:

was pulling a prank on us.

Josh Bretl:

She was the chick, who was the boy who cried wolf?

Dave Schmidt:

Yeah, she was the mom that cried stolen car.

Josh Bretl:

All your dad's fault, too.

Dave Schmidt:

All my dad's fault.

Dave Schmidt:

All right, Josh, I'm excited today.

Dave Schmidt:

What are we talking about, buddy?

Josh Bretl:

Today, I want to talk about something that

Josh Bretl:

nobody wants to talk about.

Josh Bretl:

I feel like I say that too often on this podcast.

Josh Bretl:

I want to talk about what happens to your

Josh Bretl:

money when you die.

Dave Schmidt:

Ooh.

Josh Bretl:

Estate planning.

Josh Bretl:

And we're just going to hit the higher points today,

Josh Bretl:

but it's an important topic that if not planned for can

Josh Bretl:

add a lot of headache to the people that you say you love.

Dave Schmidt:

Wow.

Dave Schmidt:

This is one of those things where being an advisor, you

Dave Schmidt:

are with people during their highs and during their lows.

Dave Schmidt:

And can imagine you got to plan for this stuff.

Josh Bretl:

It is.

Josh Bretl:

And for some people, this is the most important thing

Josh Bretl:

that they think about.

Josh Bretl:

And for some people it's an afterthought, but either way,

Josh Bretl:

there's some things that need to be done, one way or the other.

Josh Bretl:

So we're going We're gonna talk a little bit about estate

Josh Bretl:

planning 101 and what happens to your money when you die.

Josh Bretl:

Because wherever you go, it's not going with you.

Dave Schmidt:

Not going with you.

Dave Schmidt:

All right.

Dave Schmidt:

Let's pause here and do our segment.

Dave Schmidt:

Yeah.

Dave Schmidt:

What?

Dave Schmidt:

Okay.

Dave Schmidt:

Hey, Mr.

Dave Schmidt:

Josh, let's take a break where you've been talking for so

Dave Schmidt:

long and my ears are sore, but let's not be a bore because

Dave Schmidt:

this show ain't no chore.

Dave Schmidt:

So let's pull some cards, ask questions,

Dave Schmidt:

do some back and forth.

Dave Schmidt:

Oh yeah.

Dave Schmidt:

They're asking Josh, now ask Dave.

Dave Schmidt:

Let's get to know Josh and Dave.

Dave Schmidt:

What?

Dave Schmidt:

All right.

Josh Bretl:

That's grown on me as time's

Josh Bretl:

gone on, you know that?

Dave Schmidt:

Yeah.

Dave Schmidt:

I know.

Dave Schmidt:

Well, it's a work of art.

Dave Schmidt:

It's a masterpiece.

Josh Bretl:

The first time you played it for me, didn't Carla

Josh Bretl:

say that I would never let you actually put it on the podcast?

Dave Schmidt:

She sure did.

Dave Schmidt:

And look at now.

Dave Schmidt:

It's like episode three.

Dave Schmidt:

All right, Josh.

Dave Schmidt:

So today in our segment of get to know Josh and Dave,

Dave Schmidt:

the question is, if you had to pick a new name for

Dave Schmidt:

yourself, what would you pick?

Dave Schmidt:

If you had to pick a new name for yourself,

Dave Schmidt:

what would you pick?

Josh Bretl:

If I had to pick a new name for myself,

Josh Bretl:

and I'm going to give you a small story here.

Dave Schmidt:

I love stories.

Josh Bretl:

I know.

Josh Bretl:

I ramble on.

Josh Bretl:

So this weekend up in Michigan at farm camp week, we're

Josh Bretl:

sitting at the table for dinner.

Josh Bretl:

And my daughter, who's a funny little girl, says

Josh Bretl:

to us, "All right, for the rest of dinner, everyone

Josh Bretl:

has to talk with an accent."

Josh Bretl:

And so they try and do fake British accents.

Josh Bretl:

And I am not an accent person, but Missy is

Josh Bretl:

the worst accent person.

Dave Schmidt:

Worse than Zach?

Josh Bretl:

Oh yeah.

Josh Bretl:

Zach's not bad.

Josh Bretl:

Zach's pretty funny with it.

Josh Bretl:

So everyone had to talk with an accent.

Josh Bretl:

So then the conversation came, what accent

Josh Bretl:

would you want to have?

Josh Bretl:

And no one could come up with one.

Josh Bretl:

And we all think, Chicago must be the best accent possible.

Josh Bretl:

But what name do I want?

Josh Bretl:

I never really thought about that.

Josh Bretl:

I think I'd want something like royal and regal.

Josh Bretl:

Like, I don't know, like an Andrew or a...

Josh Bretl:

I mean, you're a David Michael.

Josh Bretl:

That's pretty strong.

Dave Schmidt:

You think so?

Josh Bretl:

Yeah.

Josh Bretl:

I think that's strong.

Dave Schmidt:

Landon says my name is boring,

Dave Schmidt:

like on a daily basis.

Josh Bretl:

Well, his name's Landon.

Josh Bretl:

Landon's really cool.

Josh Bretl:

Every Landon you know is like some hot Instagram model.

Dave Schmidt:

That's what I'm saying.

Dave Schmidt:

I mean, we named him after our favorite MTV

Dave Schmidt:

The Challenge contestant.

Dave Schmidt:

So I mean, he's got some...

Josh Bretl:

Yeah, I don't know.

Josh Bretl:

I'm not a big name person.

Josh Bretl:

Again, my daughter, Maggie yells at us, her middle name is Anne.

Josh Bretl:

And Missy's middle name is Ann, my mother's middle

Josh Bretl:

name is Ann, there's a lot of Anns in our family.

Josh Bretl:

But we thought we'd be different, put an

Josh Bretl:

E at the end of it.

Josh Bretl:

A-N-N-E.

Josh Bretl:

Well, she's mad at us because there's an E

Josh Bretl:

at the end of her Anne.

Dave Schmidt:

She's going to revolt.

Josh Bretl:

She is.

Josh Bretl:

So I don't really know.

Josh Bretl:

I think I'd want something powerful and

Josh Bretl:

regal and something.

Josh Bretl:

I'm more formal, I'm more traditional, but...

Dave Schmidt:

Got it.

Dave Schmidt:

That's cool.

Dave Schmidt:

Yeah.

Josh Bretl:

Long boring answer for you.

Dave Schmidt:

That's what it is.

Dave Schmidt:

I have it all...

Josh Bretl:

How about you?

Josh Bretl:

Have you thought about this?

Dave Schmidt:

:

Maybe a little bit.

Dave Schmidt:

:

I think Vulcan Schmidt Todd Lopez would be my name.

Josh Bretl:

Vulcan Schmidt Todd Lopez.

Josh Bretl:

Why did...

Josh Bretl:

So the most interesting thing to me there is that your last

Josh Bretl:

name became your second name.

Josh Bretl:

How did that happen?

Dave Schmidt:

So I was asked a while ago by my friend, Jackie,

Dave Schmidt:

what my vampire name would be.

Dave Schmidt:

And I'm like, easy, Vulcan Schmidt.

Dave Schmidt:

Except I said Vulcan Schmidt in like a Transylvanian accent.

Dave Schmidt:

So I would keep that.

Dave Schmidt:

And there is, one of our favorite Tik Tokkers is

Dave Schmidt:

this woman who owns a farm and she has an...

Dave Schmidt:

Is it an ostrich or an emu?

Dave Schmidt:

I think it's an emu who always video bombs her.

Dave Schmidt:

He'll come up to the camera, and his name is Emmanuel Todd Lopez.

Dave Schmidt:

And Landon, Carla and I just love watching the

Dave Schmidt:

videos and just crack up.

Dave Schmidt:

She'll be introducing a new animal on the farm, and he'll

Dave Schmidt:

just come under nowhere, look at the camera and start pecking it.

Dave Schmidt:

And she's like, Emmanuel, Emmanuel Todd Lopez.

Dave Schmidt:

So I just like that, that three name there.

Josh Bretl:

Vulcan Schmidt Todd Lopez.

Dave Schmidt:

Thank you very much.

Josh Bretl:

Ah, thank you, David.

Josh Bretl:

I appreciate that that is a segment that you

Josh Bretl:

made us do, and I really enjoy having it in here.

Dave Schmidt:

Yeah.

Dave Schmidt:

I hope everyone else enjoys it, too.

Josh Bretl:

They might enjoy it more than talking

Josh Bretl:

about what happens when you die to your money, Vulcan.

Josh Bretl:

So it's actually one of the number one questions

Josh Bretl:

we get from clients, is for people that come in, and

Josh Bretl:

I'm not talking about taxes, there is no, none of that.

Alex:

Hashtag tax nerd.

Josh Bretl:

Yep, Alex is going to be upset, but this is simply

Josh Bretl:

a ease of money transferring.

Josh Bretl:

So when people get really worried that they're going

Josh Bretl:

to run out of money, and the amount of money that's

Josh Bretl:

going to be left to the next generation right now is huge.

Josh Bretl:

And having that worry of running out of money is real.

Josh Bretl:

Not trying to minimize that, but a lot of people are going

Josh Bretl:

to die with substantial sums, especially right now where

Josh Bretl:

people have retired with great market conditions and

Josh Bretl:

they have more money than they've probably ever thought.

Josh Bretl:

And the number of times we hear, I don't know how this happened.

Josh Bretl:

I don't know how I got here.

Josh Bretl:

I don't know how I accumulate this pile of money.

Josh Bretl:

And you're probably not going to spend it, so

Josh Bretl:

it's got to go somewhere.

Josh Bretl:

And it's a good problem to have, it's not something

Josh Bretl:

we should complain about.

Josh Bretl:

So people always say, do I need a trust?

Josh Bretl:

Should a will work?

Josh Bretl:

How does this all apply?

Josh Bretl:

And I will preface this, but this is an attorney, I am not

Josh Bretl:

an attorney, but we deal with it enough that this is something

Josh Bretl:

that we know the basics here.

Josh Bretl:

But for anything complex, people should be

Josh Bretl:

seeking legal help here.

Josh Bretl:

Now, when we talk about estate planning, you have to

Josh Bretl:

understand the different types of assets, because there's

Josh Bretl:

different estate planning for different types of assets.

Josh Bretl:

The first one, we would call ownership assets.

Josh Bretl:

Ownership assets are where you have a co-owner, so like you and

Josh Bretl:

Carla have a joint bank account, you own the house jointly.

Josh Bretl:

If something happens to you, Carla, there's no

Josh Bretl:

probate, nothing happens.

Josh Bretl:

It just becomes her asset.

Dave Schmidt:

Oh, you don't need to put that inside

Dave Schmidt:

any type of writing or will or anything like that?

Dave Schmidt:

Okay.

Josh Bretl:

Nope, the ownership of the assets states it.

Josh Bretl:

Now, there's different ways to own things jointly, and that's

Josh Bretl:

a whole other conversation.

Josh Bretl:

But as long as you own something jointly, there's

Josh Bretl:

nothing, no transfer necessary.

Josh Bretl:

And there's all sorts of things you can own jointly.

Josh Bretl:

You can own real estate, you can own bank accounts, you

Josh Bretl:

can own all sorts of things.

Josh Bretl:

The one thing we usually warn people against, do

Josh Bretl:

not own things jointly with your children because

Josh Bretl:

of liability issues.

Josh Bretl:

So a lot of people will say, well, my kids are on my bank

Josh Bretl:

account so they could help me.

Josh Bretl:

There's other ways to achieve that, with powers

Josh Bretl:

of attorney and trusts.

Josh Bretl:

If you put your kid on your bank account, so let's

Josh Bretl:

use your mom, for example.

Dave Schmidt:

David!

Josh Bretl:

David, my car was stolen.

Dave Schmidt:

That's so cruel.

Josh Bretl:

Sorry Becks.

Josh Bretl:

But let's say she puts you on her bank account.

Josh Bretl:

Now she went, her car was stolen at a card making convention.

Josh Bretl:

So she's not going to the craziest places.

Josh Bretl:

Your mom is pretty conservative, the odds

Josh Bretl:

of her getting in trouble financially are probably slim.

Josh Bretl:

But let's say you did something.

Josh Bretl:

Let's say crashed a vehicle, heck, you hurt

Josh Bretl:

something and you got sued.

Josh Bretl:

If you were on your mom's account, they could actually

Josh Bretl:

take her money for something that you did wrong.

Josh Bretl:

So it's a little added protection to generally not

Josh Bretl:

be on your parents' or your parents have your kids on it.

Josh Bretl:

There's other ways to do that.

Dave Schmidt:

We've talked about my time at the bank

Dave Schmidt:

before, and this is a scenario that come up all the time.

Dave Schmidt:

sometimes we would be during a divorce, it's like

Dave Schmidt:

the first one to the bank would get all the money.

Dave Schmidt:

But we'd also see, I believe the IRS and other agencies would

Dave Schmidt:

actually take money from an account, even if it was a joint

Dave Schmidt:

account, because the kid's name or the parent's name was on it.

Dave Schmidt:

And they'd be like, what's going on?

Dave Schmidt:

I'd be like, I don't know, but it's bad.

Josh Bretl:

Yeah.

Josh Bretl:

The less you could involve other people, the better off it is.

Josh Bretl:

Except for your spouse and there's reasons to have joint

Josh Bretl:

ownership there as well.

Josh Bretl:

So ownership is the first one, and by the way, ownership

Josh Bretl:

supersedes everything else.

Josh Bretl:

So it's supersedes whatever else is out there.

Josh Bretl:

The second one is beneficiary.

Josh Bretl:

So there's certain assets like life insurance, like

Josh Bretl:

retirement accounts, so 401ks and IRAs, that when you open

Josh Bretl:

that account up, you list who your beneficiary is.

Josh Bretl:

So there's certain states like Illinois, Illinois requires your

Josh Bretl:

spouse to be the beneficiary, unless you sign off on it.

Dave Schmidt:

Unless the spouse signs off on it, or?

Josh Bretl:

Spouse signs off on it, yeah.

Dave Schmidt:

Oh, okay.

Josh Bretl:

So there's certain things like that.

Josh Bretl:

But you could name whoever you want as a beneficiary.

Josh Bretl:

And it doesn't matter what your will says, what your trust says.

Josh Bretl:

If you have Vulcan Schmidt Todd Lopez written as your

Josh Bretl:

beneficiary, account's not going to your kids.

Josh Bretl:

It's going to Vulcan Schmidt Todd Lopez.

Dave Schmidt:

He's worked his butt off.

Dave Schmidt:

He deserves it.

Josh Bretl:

He probably does.

Josh Bretl:

But beneficiaries will supersede anything other than ownership.

Josh Bretl:

And then it kind of goes to everything else.

Dave Schmidt:

Oh, wow.

Dave Schmidt:

It's a big bucket.

Josh Bretl:

It's a big bucket.

Josh Bretl:

It could be your house.

Josh Bretl:

It could be your stock accounts.

Josh Bretl:

It could be your bank accounts.

Josh Bretl:

It could be your cars, your jewelry, whatever doesn't

Josh Bretl:

have a beneficiary and isn't owned jointly now

Josh Bretl:

falls into this bucket.

Dave Schmidt:

So if there was a situation where my wife and

Dave Schmidt:

I, we own a house, but only my name is on a mortgage.

Dave Schmidt:

This would fall into that category?

Josh Bretl:

Correct.

Dave Schmidt:

Because she's not technically

Dave Schmidt:

an owner of it, right?

Josh Bretl:

Correct.

Dave Schmidt:

Okay.

Josh Bretl:

Correct.

Josh Bretl:

Anything along those lines.

Josh Bretl:

Or for a lot of our clients, one spouse will pass and one spouse

Josh Bretl:

will live for a long time.

Josh Bretl:

And then now we no longer have joint ownership, but

Josh Bretl:

something happens, this house has to go somewhere.

Dave Schmidt:

Right, right.

Dave Schmidt:

Okay.

Josh Bretl:

And if bank accounts are true and things like that.

Josh Bretl:

Now for that, that's where wills come into play.

Josh Bretl:

So a will, all a will is is a legal document that

Josh Bretl:

tells the court system, this is what I want to

Josh Bretl:

have happen after I'm gone.

Josh Bretl:

And you state it all out there.

Dave Schmidt:

And who signed, does a lawyer have to sign

Dave Schmidt:

off that, or just a notary?

Josh Bretl:

No, to be a legal will, again, some attorney

Josh Bretl:

may yell at me on this one, but to be a legal, will you

Josh Bretl:

just have to sign it yourself.

Dave Schmidt:

Okay.

Dave Schmidt:

I see.

Josh Bretl:

Now to be a well done legal will, you

Josh Bretl:

want an attorney to draft it for you because every

Josh Bretl:

state has its own laws, every county has its own nuances.

Josh Bretl:

But you want that law that comes into play.

Josh Bretl:

So the will is going to govern that.

Dave Schmidt:

Would you recommend people look at

Dave Schmidt:

a LegalZoom, or do you just say fork over the

Dave Schmidt:

money and see an attorney?

Josh Bretl:

You know, one of our last podcast was, is it

Josh Bretl:

worth it to pay an advisor?

Josh Bretl:

And finding an attorney is kind of a...

Josh Bretl:

I always tell people, a lot of for my clients, the money

Josh Bretl:

you pay an attorney is well worth it because of the

Josh Bretl:

fact that you have so little control of what happens post

Josh Bretl:

death, because you're gone.

Josh Bretl:

That person is kind of making those decisions for you.

Josh Bretl:

So hiring an advisor, they're going to help you during

Josh Bretl:

your lifetime and if you don't like what they're

Josh Bretl:

doing, you can fire them.

Josh Bretl:

Hiring an attorney, a lot of times if you don't like what

Josh Bretl:

they're doing, you're ever going to know because you're dead.

Josh Bretl:

So you have to find someone who you trust.

Josh Bretl:

And LegalZoom doesn't get to know you in that same way.

Josh Bretl:

Unless your situation is super, super, super,

Josh Bretl:

super, super, super simple, LegalZoom could do it.

Josh Bretl:

But for most people with any level of complexity,

Josh Bretl:

it's not a huge expense.

Dave Schmidt:

I think what we did before we went on vacation,

Dave Schmidt:

we jumped on LegalZoom, did a quick little will, just in case

Dave Schmidt:

whatever something happened.

Josh Bretl:

It's better than nothing.

Josh Bretl:

I mean, having nothing is bad.

Josh Bretl:

And the amount of people who are listening to this

Josh Bretl:

that probably have nothing is going to shock you.

Dave Schmidt:

:

Yeah, it's a shame.

Josh Bretl:

I mean, I know people who have farms, and a

Josh Bretl:

farm is a huge asset, who have no will and trust in place.

Dave Schmidt:

My goodness.

Josh Bretl:

So it's a big deal.

Dave Schmidt:

Yikes.

Josh Bretl:

Having that attorney is important.

Josh Bretl:

So now let's get to the biggest question I get asked.

Josh Bretl:

Do I need a trust?

Josh Bretl:

People come in and say, do I need a trust?

Josh Bretl:

And there are some attorneys out there, I think, that are

Josh Bretl:

kind of bad apples where they're doing seminars and they're

Josh Bretl:

just trying to sell trust work.

Josh Bretl:

They say, everyone needs a trust.

Josh Bretl:

Everyone has to have a trust.

Josh Bretl:

And I would say it kind of depends.

Josh Bretl:

It depends on what your asset structure looks like.

Josh Bretl:

If all of your money is inside of retirement accounts and

Josh Bretl:

you have one kid, or you know who you're leaving it to,

Josh Bretl:

you really don't need the complexity of the trust, the

Josh Bretl:

money to administer the trust.

Dave Schmidt:

Because the beneficiary's

Dave Schmidt:

already listed out.

Josh Bretl:

The beneficiary's listed out.

Dave Schmidt:

:

There's no gray area.

Josh Bretl:

Yeah.

Josh Bretl:

Now, there's other reasons to have a trust.

Josh Bretl:

There may be some tax savings.

Josh Bretl:

There may be some more control.

Josh Bretl:

The SECURE Act that went through a few years ago, if you have

Josh Bretl:

some substantial assets, by substantial, anything over

Josh Bretl:

a couple $100,000, the trust could be beneficial there

Josh Bretl:

for a variety of reasons.

Josh Bretl:

I always tell people, trusts are going to do a few things.

Josh Bretl:

One is they're going to give you control from the grave.

Josh Bretl:

So if you want your kids to inherit the money and you want

Josh Bretl:

them to not have access to it all at once, or if you want them

Josh Bretl:

to use it for certain things, or you want it to protect it from

Josh Bretl:

liabilities, maybe your kids are in a high risk profession, maybe

Josh Bretl:

your kids have IRS troubles.

Josh Bretl:

Maybe you don't like your kids' spouse, or you're worried

Josh Bretl:

about what happens there.

Josh Bretl:

Or you want it all to go to the grandkids.

Josh Bretl:

A trust allows you to have those handcuffs from the grave.

Josh Bretl:

But I will tell you the more handcuffs you implement,

Josh Bretl:

the more expensive it is to administer the trust.

Josh Bretl:

So now a trust, what happens when you put money into a trust?

Josh Bretl:

The trust, the asset is no longer one of those

Josh Bretl:

everything else assets.

Josh Bretl:

It's now an ownership asset.

Josh Bretl:

Because a trust is, think of a trust like a box,

Josh Bretl:

and you can put whatever you want in this box.

Josh Bretl:

And once you put it in there, the trust now owns that asset.

Josh Bretl:

the asset might be your house, you could put that in the trust.

Josh Bretl:

It might be some stocks you have, you could put

Josh Bretl:

that into the trust.

Dave Schmidt:

Could be puddin' cakes?

Josh Bretl:

It could be, if you are really concerned about

Josh Bretl:

puddin' cakes, you're taking the box reference very literally.

Dave Schmidt:

Yes.

Josh Bretl:

But yes, it could be.

Josh Bretl:

Maybe you have a right to buy a thousand puddin' cakes

Josh Bretl:

at a really cheap price.

Josh Bretl:

You could put that right in there.

Josh Bretl:

It's probably more likely.

Josh Bretl:

But what happens is, as opposed to controlling that

Josh Bretl:

asset, you still control the trust while you're alive.

Dave Schmidt:

I see.

Dave Schmidt:

You can change it at any time.

Josh Bretl:

You can change it any time you want,

Josh Bretl:

but the trust can't die.

Josh Bretl:

So that ownership is there.

Dave Schmidt:

Can the trust have multiple owners?

Dave Schmidt:

So can a husband and wife both have a trust?

Josh Bretl:

We're getting into some deep terminology here.

Dave Schmidt:

Maybe not quite for this podcast.

Josh Bretl:

Yeah.

Josh Bretl:

Ownership is the wrong term.

Josh Bretl:

There's grantors, and there's the grantors

Josh Bretl:

who creates the trust.

Josh Bretl:

There's exec, not executors, there's beneficiaries, that's

Josh Bretl:

who the trust is set up for.

Josh Bretl:

There's trustees, those are the ones who make the

Josh Bretl:

decisions on the trust.

Josh Bretl:

And there's reasons to have more and less.

Josh Bretl:

But for that, if you're going to have a trust

Josh Bretl:

done, without a doubt you should see an attorney.

Josh Bretl:

I mean, there's no...

Josh Bretl:

Yes.

Josh Bretl:

LegalZoom can do it, all those online places can do it.

Josh Bretl:

See an attorney.

Dave Schmidt:

Sure.

Josh Bretl:

There's lots of nuances, and I will say

Josh Bretl:

this, if you haven't updated your trust since the SECURE

Josh Bretl:

Act went through, the SECURE Act was a big thing that

Josh Bretl:

occurred back in 2019, 2020, make sure you revisit that.

Josh Bretl:

Now is the time to do it.

Dave Schmidt:

The SECURE Act.

Dave Schmidt:

Okay.

Josh Bretl:

Isn't that fun?

Josh Bretl:

Isn't estate planning fun?

Dave Schmidt:

Oh my gosh.

Dave Schmidt:

I mean, I know it's important, but it's so doom and gloom.

Josh Bretl:

It is.

Dave Schmidt:

And it's cloudy outside and

Dave Schmidt:

overcast, and I'm just sad.

Josh Bretl:

Every now and then, and I've said this

Josh Bretl:

before on the podcast about taxes, where people will

Josh Bretl:

say, that's my kids' problem, I'll let them deal with it.

Josh Bretl:

And sometimes it's...

Josh Bretl:

I mean, not sometimes, every time I hear that, that's

Josh Bretl:

fear talking just because they don't know how to do it.

Josh Bretl:

If you need a good reference for an attorney, there's

Josh Bretl:

lots of them out there.

Josh Bretl:

You do want to make sure you find one who specializes

Josh Bretl:

in estate planning, but it's not that hard.

Josh Bretl:

It's something that's very doable.

Josh Bretl:

But the hard part is they do ask you those questions.

Josh Bretl:

They ask those questions of, what happens when you die?

Josh Bretl:

What happens if this, and...

Dave Schmidt:

One of my favorite lines from episode 16, this is

Dave Schmidt:

the episode about, is paying fees for an advisor worth it,

Dave Schmidt:

you say something like, if you're truly scared about paying

Dave Schmidt:

fees, you could be potentially missing out on quite a lot.

Dave Schmidt:

I know paying a lawyer is one of those things where everyone's

Dave Schmidt:

like, oh man, it's a lot.

Dave Schmidt:

But like you're saying, it's just so worth it.

Josh Bretl:

There are so many times that is worth

Josh Bretl:

every penny you pay.

Josh Bretl:

And the problem with this is, you quite often don't get to

Josh Bretl:

see that benefit yourself.

Josh Bretl:

Quite often it's your heirs, your loved ones who

Josh Bretl:

are reaping the rewards.

Josh Bretl:

But if they don't, somebody will.

Josh Bretl:

And someone, most likely it's going to be Uncle Sam.

Josh Bretl:

It may be family members you don't like or care for.

Josh Bretl:

But the only way to make sure what you want to have happens

Josh Bretl:

actually happens is to take this planning proactively.

Dave Schmidt:

Okay.

Dave Schmidt:

That sounds like kind of an uplifting, positive

Dave Schmidt:

way to end that message.

Josh Bretl:

[singing]

Dave Schmidt:

what are you trying to sing?

Josh Bretl:

I don't know.

Josh Bretl:

Is this the Full House moment?

Dave Schmidt:

Oh no, no, no, no, no.

Dave Schmidt:

Not quite yet.

Josh Bretl:

All right.

Dave Schmidt:

Yeah.

Josh Bretl:

Yeah, that was something that I've had that

Josh Bretl:

question multiple times recently about estate planning for

Josh Bretl:

people to come in the office.

Josh Bretl:

And I thought, okay, let's address this overall.

Josh Bretl:

And people have questions, it is an individual topic.

Josh Bretl:

It is not a general, this is the rule for everybody.

Dave Schmidt:

Yeah.

Dave Schmidt:

Yeah, I gotcha.

Dave Schmidt:

There was something I was trying to think about.

Dave Schmidt:

It goes something like, I think something like,

Dave Schmidt:

Dave relates to retirees.

Dave Schmidt:

Yeah.

Dave Schmidt:

That's what I was trying to get off my chest.

Josh Bretl:

Yeah.

Dave Schmidt:

Josh, I can relate to retirees on this.

Josh Bretl:

Good God.

Dave Schmidt:

Estate planning.

Dave Schmidt:

All right.

Dave Schmidt:

So Carla and I have had some discussions about this, but

Dave Schmidt:

more importantly, I've had deep conversations with Landon.

Dave Schmidt:

You and Al talk about taxes at bed.

Dave Schmidt:

Landon and I talk about estate planning, specifically, if

Dave Schmidt:

and when I pass, he has the right to receive up to four

Dave Schmidt:

free meals from a Bretl, any Bretl, for the rest of his life.

Dave Schmidt:

Could it be Zach, Al, Maggie, combination of the three.

Dave Schmidt:

So we have seen several lawyers, and we have that in writing.

Dave Schmidt:

Now, you don't know about it yet, but I said, Landon,

Dave Schmidt:

when I'm gone, buddy, don't pay for that sushi.

Dave Schmidt:

Give Zach a call, it's his responsibility.

Dave Schmidt:

So with that, Josh, what do you think?

Dave Schmidt:

It's part of my estate planning, man.

Dave Schmidt:

I'm not going to make my son pay for his food,

Dave Schmidt:

that's the Bretl legacy.

Josh Bretl:

Where am I going to take this?

Josh Bretl:

Now, you said something there that I'm going to on.

Josh Bretl:

And we'll assume that there's some sort of signed document,

Josh Bretl:

and it was the right to receive.

Josh Bretl:

When you have the right to receive, that's

Josh Bretl:

technically an asset.

Josh Bretl:

And Landon's really cute, so I would assume that someone

Josh Bretl:

from my family would say, oh, something happened to your dad.

Josh Bretl:

Let's buy you some sushi.

Dave Schmidt:

Or maybe Maggie and Landon are

Dave Schmidt:

an item in the future.

Dave Schmidt:

You never know.

Josh Bretl:

You never know.

Josh Bretl:

When you have that asset, it's wanting to take advantage of it.

Josh Bretl:

You never want to have that happen, you never

Josh Bretl:

want to have something happen to you, God forbid.

Josh Bretl:

And you want to see Landon grow up, and you'd rather

Josh Bretl:

I buy you sushi than him.

Dave Schmidt:

That's true.

Josh Bretl:

But you do want to, if something were to happen,

Josh Bretl:

you want to put your family in the best situation possible.

Josh Bretl:

And I think your recommendation of Zach

Josh Bretl:

is a good recommendation.

Josh Bretl:

He'd be a lot of fun to have sushi with.

Dave Schmidt:

I bet he would be.

Josh Bretl:

Yeah.

Josh Bretl:

And probably the most likely to buy.

Dave Schmidt:

Right.

Josh Bretl:

So that's a good chance there.

Dave Schmidt:

Yeah, because Al would walk into the Sushi

Dave Schmidt:

Nest here in Elmhurst and be like, I have $60 to spend.

Dave Schmidt:

No I don't, because of taxes.

Dave Schmidt:

And he'd go table to table asking how much tax did you pay?

Dave Schmidt:

How much tax did you pay?

Alex:

Hashtag tax nerd.

Josh Bretl:

So no, Landon, let's hope nothing

Josh Bretl:

happens to your dad.

Josh Bretl:

But being proactive is really good in your

Josh Bretl:

dad's point of view.

Josh Bretl:

And on his tombstone when it says Vulcan Schmidt Todd

Josh Bretl:

Lopez, Landon, I'm sorry.

Dave Schmidt:

We just had a mini staycation, and we

Dave Schmidt:

went we were staying like on the Magnificent Mile, right?

Dave Schmidt:

We hit up Water Tower Place and we got him a Build-A-Bear

Dave Schmidt:

and we had to name it.

Dave Schmidt:

And our show at the moment is Holey Moley.

Dave Schmidt:

I don't know if you ever seen it, it's Joe Tessitore and Rob

Dave Schmidt:

Riggle, it's hilarious, like ultimate minigolf challenge.

Dave Schmidt:

And I convinced him to name the bear Blake Sledge Rob

Dave Schmidt:

Riggle Todd Lopez, because it's like the name of all our

Dave Schmidt:

favorite things right now.

Josh Bretl:

The poor Build-A-Bear people

Josh Bretl:

put that on the name.

Dave Schmidt:

No, they made Landon write it.

Dave Schmidt:

He just wrote Blake.

Dave Schmidt:

So it's just Blake, for short.

Dave Schmidt:

But yeah, I do kind of impose my will on my kids.

Josh Bretl:

That was cute.

Dave Schmidt:

Yeah.

Dave Schmidt:

Josh, can we ask our listeners for a favor?

Josh Bretl:

What favor would you like them to do, Dave?

Dave Schmidt:

We are starting to see more and more people sign

Dave Schmidt:

up for our podcast email club.

Dave Schmidt:

And that is a sure fire way for you, dear listener, to know

Dave Schmidt:

when we release new episodes.

Dave Schmidt:

I send these out every Friday, we air our episodes on Thursday,

Dave Schmidt:

but I send these out on Friday.

Dave Schmidt:

Just in case you're not subscribed to our show on Apple

Dave Schmidt:

Podcast or Spotify, this is a way for you to know about it.

Dave Schmidt:

So please go to fsrwealth.com/podcast, enter

Dave Schmidt:

your name and email, it's the very bottom of the page.

Dave Schmidt:

And you, friend, will be the first to know of new episodes.

Josh Bretl:

The other thing on that page, and as we build it

Josh Bretl:

out more you're going to be able to see all the show notes and

Josh Bretl:

all this stuff will be there.

Josh Bretl:

So it's a great spot to go to reference back if you want

Josh Bretl:

to know more about what we're talking about, or links or

Josh Bretl:

references, we have all that on that fsrwealth/podcast page.

Dave Schmidt:

We got all that, and then some.

Dave Schmidt:

Thanks, Josh.

Dave Schmidt:

Estate planning, I think we ended on a happy note.

Dave Schmidt:

I'm not super depressed.

Josh Bretl:

I came in happy, I went depressing, and

Josh Bretl:

hopefully we're all leaving here a little happier.

Dave Schmidt:

Excellent.

Dave Schmidt:

And I think we want to give another shout out to Deb.

Dave Schmidt:

And with that, a special...

Josh Bretl:

Debbie.

Dave Schmidt:

Debbie, bye.

Dave Schmidt:

I added a little extra aye aye aye.

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