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This lecture provides an introduction to key concepts in real property law, focusing on possessory estates and future interests. It begins by defining real property and the bundle of rights associated with ownership, which can be divided into distinct interests. The lecture then details various present possessory estates, including the fee simple absolute (the most complete ownership), defeasible fees (subject to conditions), and life estates (limited to a life), highlighting the associated duty to avoid waste. Subsequently, it explores future interests, distinguishing those retained by the grantor (like reversions and rights of entry) from those transferred to others, such as remainders (vested and contingent) and executory interests (shifting and springing). Finally, the lecture touches upon important rules governing these interests, specifically the Rule Against Perpetuities and the concept of merger of estates, equipping students to analyze complex property scenarios.This conversation provides a comprehensive overview of possessory estates and future interests in real property, focusing on key concepts such as fee simple absolute, life estates, remainders, executory interests, and the rule against perpetuities. The discussion emphasizes the importance of understanding these foundational elements for success in property law, particularly for law school exams and the bar exam. The speakers break down complex legal terms and concepts into digestible segments, making it easier for listeners to grasp the intricacies of property ownership and rights.Sound Bites"Understanding how ownership can be carved up.""It's like mastering the grammar of property law.""Executory interests are the rule breakers."TakeawaysUnderstanding ownership in property law is fundamental.Fee simple absolute is the most complete form of ownership.Defeasible fees can be terminated under certain conditions.Life estates grant possession for the duration of a specific person's life.Life tenants have duties to avoid waste.Remainders are future interests that wait for a prior estate to end.Executory interests can cut short other interests.The rule against perpetuities prevents indefinite control over property.Merger occurs when successive vested estates simplify ownership.Mastering these concepts is crucial for property law success.Real property ownership includes rights to possess, use, exclude, enjoy, and transfer, which can be separated. Fee simple absolute is complete ownership without automatic limitations. Fee simple determinable ends automatically upon an event ("so long as"), while fee simple subject to a condition subsequent allows the grantor to terminate upon a violation ("on the condition that"). A possibility of reverter is the grantor's automatic future interest after a fee simple determinable ends. A vested remainder is held by a known person without conditions precedent beyond the preceding estate's natural end; a contingent remainder is uncertain due to an unknown taker or a condition precedent. Ameliorative waste is a life tenant's value-increasing but character-altering property changes, potentially illegal despite increased value. A springing executory interest divests the grantor's interest to become possessory, cutting short the grantor's estate. The Rule Against Perpetuities prevents indefinite property tying by requiring interests to vest within a reasonable time. Grantor-retained future interests like reversions, possibilities of reverter, and rights of entry are usually exempt from this rule. Merger occurs when one person holds successive vested estates without intervening vested interests, combining the estates and extinguishing the intermediate interest.possessory estates, future interests, real property, fee simple absolute, life estates, remainders, executory interests, rule against perpetuities, merger, property law
This lecture covers possessory estates (present rights to land) and future interests (rights that vest later) in real property law. Real property includes land and its fixtures; ownership comprises a bundle of rights (possession, use, exclusion, enjoyment, transfer).Present possessory estates include:Fee Simple Absolute: The most complete ownership, enduring indefinitely, subject to government powers. Freely transferable during life or by will.Defeasible Fees: May be terminated upon a specific event.Fee Simple Determinable: Ends automatically upon the event ("so long as"); grantor retains a possibility of reverter.Fee Simple Subject to Condition Subsequent: Does not end automatically; grantor has a right of entry (power of termination) to reclaim possession if the condition is violated ("on the condition that").Life Estates: Possession lasts for a measuring life. The life tenant must avoid waste (voluntary, permissive, ameliorative).Future interests can be retained by the grantor or conveyed to a third party:Grantor's Interests:Reversion: Retained when conveying a lesser estate ("to A for life").Possibility of Reverter: Follows a fee simple determinable (automatic).Right of Entry (Power of Termination): Follows a fee simple subject to condition subsequent (requires action).Third-Party Interests (Remainders): Follow nondefeasible estates.Vested Remainder: Given to an ascertainable person, not subject to conditions precedent ("to A for life, then to B").Vested Remainder Subject to Open: Given to a class that may expand ("to A for life, then to the children of B").Contingent Remainder: Either to an unascertainable person or subject to a condition precedent ("to A for life, then to B's first child to graduate college").Third-Party Interests (Executory Interests): Divest a prior interest.Shifting: Divests a transferee's interest ("to A, but if used commercially, to B").Springing: Divests the grantor's interest ("to A upon returning from service").The Rule Against Perpetuities prevents property from being tied up indefinitely; generally, an interest must vest within 21 years after the death of a life in being. It applies to contingent remainders, executory interests, and vested remainders subject to open.Merger occurs when the same person acquires successive vested estates, extinguishing intervening interests.Understanding these concepts is crucial for analyzing property rights. Future lectures will cover concurrent ownership, leasehold estates, and nonpossessory interests.This lecture provides a comprehensive overview of possessory estates and future interests in real property law. It begins with defining real property and the bundle of rights associated with it, followed by an exploration of present possessory estates, including fee simple absolute and life estates. The discussion then transitions to future interests, including remainders and executory interests, and concludes with the rule against perpetuities and the concept of merger.TakeawaysA property interest is more than simply a piece of land.Real property includes the land itself and whatever is affixed to it.The fee-simple absolute is the most complete form of ownership.Life estates grant possession only for the duration of a defined life.Waste refers to the life-tenant's obligation to preserve the property.Future interests are rights to the present or future enjoyment.The rule against perpetuities prevents property from being tied up.Merger occurs when the same person acquires successive vested estates.Understanding these concepts is essential for law school examinations.Sound Bites"A property interest is more than simply a piece of land.""Understanding the fee simple absolute lays the groundwork.""Future interests are rights to the present or future enjoyment."real property, possessory estates, future interests, fee simple absolute, life estates, remainders, rule against perpetuities, merger
Putting your house in a trust has many benefits—from financial savings to peace of mind. You can continue to live in the home and control the property. You can avoid the capital gains tax, the 2% transfer tax, and the inheritance tax while still qualifying for the homestead exemption and the Clean and Green tax benefit. And, of course, a trust protects your assets to pass the wealth to your loved ones. In this discussion, Jeff Bellomo—an experienced estate planning and elder law attorney with a master's degree in taxation—explains planning techniques for estates with a net worth in the $300,000 to $5 million range. WHAT YOU NEED TO KNOW (00:00) Episode introduction. (02:40) A trust is a legal contract between three parties. The grantor creates the trust, the trustee controls it, and the beneficiary receives it. (06:56) A grantor can also serve as the trustee and live in the home, much like a beneficiary. The grantor is taxed at individual income tax rates. (08:01) As a trustee, a grantor can sell the home, buy another home, and avoid the capital gains tax if they live in the home two out of five years as their primary residence. (08:53) If the trust provides only for lineal descendants or siblings, there will be no transfer tax. Use an experienced estate planner to still qualify for the homestead exemption. (12:44) A grantor trust will not jeopardize the Clean and Green tax benefit. (13:00) If there is a current mortgage on the primary residence, it can be added to the trust. Be sure to continue to pay on time. (16:17) It's wise to create the trust when a person or a couple is younger so that the Medicaid five-year lookback period does not pose a problem. (20:04) A trust allows the family to protect accumulated equity, access funds to enhance the grantor's life, and keep the grantor in the home. (21:35) Ultimately, a trust provides flexibility and peace of mind. The family knows that the grantor(s) and the house are protected. ABOUT BELLOMO & ASSOCIATES Jeffrey R. Bellomo, the founder of Bellomo & Associates, is a licensed and certified elder law attorney with a master's degree in taxation and a certificate in estate planning. He explains complex legal and financial topics in easy-to-understand language. Bellomo & Associates is committed to providing education so that what happened to the Bellomo family doesn't happen to your family. We conduct free workshops on estate planning, crisis planning, Medicaid planning, special needs planning, probate administration, and trust administration. Visit our website (https://bellomoassociates.com/) to learn more. LINKS AND RESOURCES MENTIONED Bellomo & Associates workshops:https://bellomoassociates.com/workshops/ Life Care Planning The Three Secrets of Estate Planning Nuts & Bolts of Medicaid For more information, call us at (717) 845-5390. Connect with Bellomo & Associates on Social Media Tune in Saturdays at 7:30 a.m. Eastern to WSBA radio: https://www.newstalkwsba.com/ X (formerlyTwitter):https://twitter.com/bellomoassoc YouTube: https://www.youtube.com/user/BellomoAssociates Facebook:https://www.facebook.com/bellomoassociates Instagram:https://www.instagram.com/bellomoassociates/ LinkedIn:https://www.linkedin.com/in/bellomoandassociates WAYS TO WORK WITH JEFFREY BELLOMO Contact Us:https://bellomoassociates.com/contact/ Practice areas:https://bellomoassociates.com/practice-areas/
For more information and show notes visit: https://bwmplanning.com/post/92Last week, we explored the considerations for inheritors, but this time, we shift our focus to the responsibilities and planning topics that grantors need to keep in mind. Many of our clients find themselves in both roles, so understanding both sides of the equation is crucial for effective financial planning.In this episode, we discuss:The implications of disclaiming an inheritance and how it can affect your family dynamics.The importance of proactive versus reactive planning when it comes to passing down assets.Key questions grantors should consider, such as when to give assets and what to communicate to heirs.The concept of "impact arbitrage" and how timing your gifts can maximize their benefits.Strategies for managing different needs among heirs and ensuring they are prepared to handle their future inheritances.As we approach the holiday season, this episode serves as a timely reminder of the importance of family discussions around wealth and legacy. We hope you find valuable insights that can help you navigate these complex topics.As always, we encourage our listeners to reach out with any questions or ideas for future episodes at podcast@brownleewealthmanagement.com. Thank you for tuning in, and we look forward to bringing you more insightful episodes in the future.Connect With Us:Facebook - https://www.facebook.com/BrownleeWealthManagement/?ref=py_cLinkedin - https://www.linkedin.com/company/brownlee-wealth-management/Disclosure: This information is for informational purposes only. Nothing discussed during this video should be interpreted as tax, legal, or investment advice. If you have questions pertaining to your specific situation, please consult the appropriate qualified professional.
Brent chats with Chris Siegle about how to make non-grantor trusts income tax efficient. They talk about normal QTIP and Bypass Trusts, how those trusts might be made grantor trusts, what powers and authority to think about, and other planning tips.
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Explore the gift tax implications for trust beneficiaries modifying grantor trusts in IRS CCA 202352018, with nuanced analysis and estate planning insights. The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series offers professionals best practice advice, insights and commentary on subjects that affect the profession and clients. Learn more in this podcast.
Episode 151 - MARK HOUSE Cryopreservation and wealth was once the purview of science fiction and Hollywood. Freezing one's self to be revived in the future is not just something out of Issac Asimov book or a Ridley Scott movie. The science, estate planning, and economics of this "call option on immortality" are here right now. There are legitimate and current issues with cryopreservation and wealth- fascinating ones at that! Science, estate planning, ethics, governance, economics and good old-fashioned drafting are in focus as I speak with Scottsdale-based attorney MARK HOUSE. We're going to get our arms around the misconceptions of the freezing process and what that means legally and practically. With that background, we'll dive into the structuring and drafting considerations to effectuate this amazing concept. Finally, we have some fun by guessing at what the world may look like with revived citizens hundreds of years from now. INTRODUCTION BACKGROUND -How did Mark get into estate planning and how did he get into cryonics? CRYONICS -Let's define freezing "pre-death" vs "post-death." -Behind the Science: GREG FAHY'S WORK and BIO -What is the legal and funding process? ESTATE PLANNING AROUND CRYOPRESERVATION AND WEALTH -Usually when people die (and the being's existence terminates), the assets transfer to beneficiaries. However, here something different happens. -Is there a difference between being kept alive but in "suspended animation" and dying? -Does having various features including DNA maps serve as the basis for a new being? DIRECTED TRUSTS -Ownership in a trust should be able to provide the structure that allows the Grantor to be resuscitated when the science catches up. -Trusts have a Grantor, Trustee, Corpus (literally in this case) and beneficiaries. -Trustees must administer, invest and distribute. -How does a directed trust allow the Grantor's intent to persist? TRUST REQUIREMENTS -Perpetuity and a Good Trust Protector Structure are vital. -With that in place, trustees must have distribution flexibility and discretion around "beneficiary determination" -Why is it important to have broad Trustee choice? -If we're making guesses about the future, why is nimble decision-making process around "science determinations" important? -When talking about investment flexibility, is endowing a future being a "prudent investment'? If so, how does a trustee sign off on that? CRYOPRESERVATION AND WEALTH ISSUES -Who pays the freezer? How much does this cost? -Once we know that, how does the trust pay for it? -When should a person use life insurance? When employed, does the presumption of death change anything? -What happens if you run out of funds? -Does it make sense to (also) endow the future persons' lifestyle? If not, how will they function in the future? -Should other the trust not include future beneficiaries to reduce a potential future conflict -How do you staff this? (See here for an interview with Betsy Brown on Corporate Trustees designed to deal with tricky situations: https://frazerrice.com/ep-63-betsy-brown/) -What if the individual or corporate trustees cease to exist? (Trust protector) -Is there liability for the science committee if they unfreeze too soon? Can other beneficiaries then be added? Should they be? -Are private trust companies common in these situations? BEST PRACTICES AROUND CRYOPRESERVATION AND WEALTH -What's the best way to get started? OUTRO - How do listeners find Mark House? MARK HOUSE CONTACT INFORMATION ARTICLE ON CRYONICS TIM URBAN'S ARTICLE OUR TRUST AND ESTATES PROFESSOR, JEFFERY PENNELL Firms that do this ALCOR- https://www.alcor.org/ https://www.amazon.com/Wealth-Actually-Intelligent-Decision-Making-1-ebook/dp/B07FPQJJQT/
Is a revocable trust still revocable after grantor dies? At CMS Law Firm we do estate planning, we do it well, and we'd love to talk to you about how you can protect your family, protect yourself, and protect your money. Good news for you is, that's easy to do. Just click the link and set up a time for your free strategy session - https://cmslawfirm.com/estateplanningstrategysession. Talk to you soon!
What do you do with a revocable trust after the grantor dies? At CMS Law Firm we do estate planning, we do it well, and we'd love to talk to you about how you can protect your family, protect yourself, and protect your money. Good news for you is, that's easy to do. Just click the link and set up a time for your free strategy session - https://cmslawfirm.com/estateplanningstrategysession. Talk to you soon!
_____________________________________________________ In the latest installment of Estate of the Union, Brad Wiewel returns to dive into some of Texas Trust Law's most popular recent blog post topics, such as the IRS' recent ruling on Grantor Trusts. This podcast is brought to you by Texas Trust Law. Learn more: https://www.texastrustlaw.com/about-austin-estate-planning-law-firm/ Resources: https://www.texastrustlaw.com/read-our-books/ Contact us: info@texastrustlaw.com © 2023, Texas Trust Law, ALLRIGHTS RESERVED
On this episode of Your Life Simplified, Valerie Escobar, senior wealth advisor, and Jake Kern, managing director and senior wealth advisor, discuss the powerful strategy of Intentionally Defective Grantor Trusts (IDGTs) and how they can benefit you. An IDGT is a trust that is intentionally drafted to be "defective" for income tax purposes. This allows the grantor of the trust to transfer assets to the trust without triggering gift or estate taxes. The grantor also pays the income tax on the trust's income, thus reducing the value of the grantor's estate. One of the key benefits of an IDGT is that it can help you transfer assets to future generations with minimal tax liability. Since the grantor pays the income tax on the trust's income, the assets in the trust can grow tax-free, increasing the value of the trust's assets over time.
Episode 093 - Real Estate Exam Questions: Deeds & Transfer of Title Going through state exam questions to help real estate students pass their state exam. 01:50 – Acronym study guide to help memorize terms needed to pass the exam. 03:40 – Be careful of Quizlet and the questions that are on the site. 06:20 – “Free” stuff to help you pass the exam. 10:00 – List of recent grads: Samual, Laurie, Kelly, Whitney, Evan, Cole, Dhawan, Kathy, Kaylee, Anji, Bik, Heidi, Lori, Christina, Julia, Julie, Autumn, Watson, Shakur, Jacy, Miranda, Jannette, Irene, Amanda, Belinda, Brooke, Stephen, Destiny, Stacey, Ali, Lauren, Luna, Amber, KC, and Charles. 11:10 – Message from Samual: Keep your confidence. 12:55 – Episode Focus: Deeds and transfer of title 14:15 – Deed, grantor, and grantee 16:30 – Grantor must sign the deed; grantee does not sign the deed; acknowledgement of the deed by a notary public. 18:30 – Title transfers when the deed is delivered and accepted, not when it is recorded. 21:20 – Deed types: general warranty deed (includes the covenants of seisin, against encumbrances, further assurance, quite enjoyment, and warranty forever); special warranty deed (two covenants: seisin and encumbrances with a limitation); quit claim deed (no warranties); cloud on title. 32:00 – Involuntary alienation: operation of law, natural disasters, and adverse possession. 35:55 – Test questions about forms of ownership 48:30 – September's episode will be about recording and title records including constructive and actual notice, chain of title, and more. Go to www.ahareep.com , sign up for the program for only $35, use discount code: legend15 to save 15% off. A-Ha LINKS Email info@ahareep.com Web www.ahareep.com Facebook https://www.facebook.com/AHA.REEP YouTube https://www.youtube.com/channel/UCrxAjI5Li4Ll3Epwcyc0i6A
Welcome to today's episode with our guest Joy Matak, a partner at SAX, an accounting firm offering Tax Advisory Solutions. On this episode, Joy and our host Mary Vandenack, CEO, Founder, and Managing Partner at Vandenack Weaver LLC share valuable insights on Non-Grantor Trusts. Listen in as they guide you through the definition and mechanics of non-grantor trusts, explaining how they differ from other trusts, as well as the various ways you can leverage them to reduce estate taxes. Whether you are a seasoned investor, a business owner, or just curious about estate planning and tax optimization, this episode is for you.A Hurrdat Media Production. Hurrdat Media is a digital media and commercial video production company based in Omaha, NE. Find more podcasts on the Hurrdat Media Network and learn more about our other services today on HurrdatMedia.com.See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.
Hey there Wine and Dime listener!Are you ready to dive into the world of estate planning with me? In this episode, we're going to talk about trusts - and trust me, it's not as complicated as you might think!First, I'll give you an overview of the different types of trusts, including testamentary trusts, living trusts, and irrevocable trusts. We'll also dive into specific types of irrevocable trusts, like irrevocable life insurance trusts and charitable remainder trusts. Don't worry, I'll make sure you understand all the parties involved in a trust, including the grantor, beneficiary, and trustee.One thing that I find super important is having a pour-over provision will to account for any assets accidentally left out of the trust. As a trustee, it's crucial to know about this provision and how it works - trust me on this one!There are so many reasons for forming a trust, like blended households, clear asset distribution, privacy of asset distribution, and asset protection. And if you want to learn more, you can always check out the resources on the Rooted Planning Group website.As always, don't forget to rate and subscribe to the show. And a big shoutout to T.J. Meehan, who helps with production. If you have any questions or want to learn more, you can contact me through the Rooted Planning Group website or follow us on social media.In my opinion, estate planning is not just for the wealthy. It's for anyone who wants to make sure their assets are distributed according to their wishes. So, let's get started on securing our future by playing this episode now.What You'll Learn:The types and purpose of various trusts, including Testamentary Trusts, Living Trusts, and Irrevocable Trusts.The parties involved in a trust: The Grantor, The Beneficiary, and The Trustee.The role of an executor in the trust process.The various scenarios where forming a trust could be beneficial.The nuances of estate planning with blended families.Summary of Discussion:In this fruitful discussion, Amy Irvine, founder of Rooted Planning Group, takes a deep dive into estate planning with a focus on trusts. Trusts are vital tools in estate planning that ensure your assets are handled according to your wishes. The episode uncovers the different types of trusts, including Testamentary, Living, and Irrevocable Trusts, each serving unique purposes.Amy also explains the roles of the three key players in a trust: The Grantor (who creates and funds the trust), the Beneficiary (who ultimately receives the proceeds from the trust), and the Trustee (who has a fiduciary responsibility to manage the trust).Amy touches on the vital role of an executor who works closely with the trustee to ensure a smooth asset transfer. This episode also explores situations where forming a trust could be particularly beneficial, including blended households, probate reduction, privacy of asset distribution, and asset protection.Winery Recommendation:Get your corkscrews ready because this episode's wine recommendation is Bricoleur Vineyards, a French winery in beautiful Sonoma County. While Amy hasn't tasted their wines yet, she was drawn to their theme of "roots," which resonates with the spirit of the Rooted Planning Group. They have a strong focus on their vineyard's roots, reminding us of the deep-seated connections between life, finances, and good wine.Wrapping Up:This episode is a must-listen for anyone looking to take a deeper understanding of trusts and estate planning. As always, Amy encourages listeners to refer to additional resources available on rootedpg.com. Don't forget to share this episode with friends, rate it on iTunes, and prepare for the next episode. Now, raise a glass to smart financial planning...
Building grantor/grantee trust is a process that goes far beyond writing a check. It takes intention and thoughtful connection. A panel of private funders share stories about unique ways they are bringing community members into the grantmaking process and building better relationships with their nonprofit partners.From community involvement to focus groups to centering racial equity in their granting work, these funders are tackling difficult challenges with small changes while working within the constraints of their “traditional” funder role. Instead of saying, “we can't change because we have to answer to our board,” they're saying, “we can make small, creative changes when we are patient and focus on the outcomes the board expects instead of the things we've always done.”Speakers:Danyelle O'Hara | Community Relationship Officer, Mortenson Family FoundationAmbar Hanson | Community Relationship Officer – Philanthropy, Mortenson Family FoundationKaryn McKelvey | Grants and Program Manager, Laird Norton Family FoundationTopics:Doing away with written applications in favor of a video call to reduce the applicant burdenImplementing declination grants of up to $2,500 for applicants who don't receive fundingBringing community members onto grant committees to represent populations servedUnderstanding how to move slowly but with intentionLinks:Compass: Connect with other members of the philanthropic community at Community.foundant.comSocial: Follow Foundant Technologies on Facebook, Linkedin, Twitter, and InstagramWebsite: Foundant.com
An overview of two recent IRS cases regarding Granter Retained Annuity Trusts, GRAT, the significance of the cases for estate planners and the IRS rulings. The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series offers professionals best practice advice, insights and commentary on subjects that affect the profession and clients. Learn more in this podcast.
Episode 231 - The IRS released Revenue Ruling 2023-2 stating that assets held in a grantor trust do not receive a step-up in basis upon the grantor's death. What does that mean?
Don't get fooled by non-grantor irrevocable complex discretionary spendthrift trust scams. An expert warns about questionable trust structures marketed online. The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series offers professionals best practice advice, insights and commentary on subjects that affect the profession and clients. Learn more in this podcast.
The Tax Cuts and Jobs Act (TCJA), P.L. 115-97, imposed a $10,000 limitation on individual taxpayers for the deduction of state and local taxes (SALT) for tax years 2018 through 2025. In response, many states enacted laws allowing (or mandating) passthrough entities (PTEs) to pay the taxes at the entity level instead. In November of 2020, the IRS issued Notice 2020-75, which clarified that partnerships and S corporations may deduct their SALT payments at the entity level in computing nonseparately stated taxable income or loss. The notice also indicated that the IRS intends to issue proposed regulations to this effect. While electing a PTE tax election can be very beneficial overall, certain aftereffects — while small alone — when stacked together, may reach a materiality level where it should be second-guessed. On this Tax Section Odyssey episode, David Kirk, CPA, CFP, LLM, Private Tax Leader, National Tax — EY, discusses with April Walker, CPA, CGMA, Lead Manager — Tax Practice & Ethics, AICPA & CIMA, several concerns that could lead to reconsideration of making a PTE election. What you'll learn in this episode S corporation issues (3.08) State crediting complications (11.54) State governments sharing in a “piece of the pie” (14.24) Alternative minimum tax (AMT) matters (16.11) Grantor trusts considerations (20.10) Non-grantor trusts concerns (22.48) Thoughts on refunds (25.00) Final thoughts (28.29) Related resources SALT Roadmap — State and Local Tax Guide — Navigate the complex world of state and local taxes with a compilation of information and quick links to additional guidance and references. Use the map to access information on the types of state and local taxes imposed, tax rates, nexus, passthrough entity (PTE) tax elections and mandates, due dates, government websites and CPA society information. Also quickly determine commonly used state and local tax forms and easily locate versions and their instructions. State and Local Tax Advocacy Resources — This page provides information and documents created by the AICPA State and Local Tax Technical Resource Panel (SALT TRP) on state-level tax advocacy issues affecting tax professionals. State implications with the PTE tax | Tax Section Odyssey — States continue to look at the PTE tax to sidestep the federal $10,000 SALT cap deduction limitation following the IRS's Notice 2020-75. Questions to consider before electing into a PTE tax, The Tax Adviser, Sept. 1, 2022. Map of states with adopted or proposed PTE level tax — AICPA downloadable map open to everyone. Links to PTE taxes states' legislation and tax authorities' information and guidance — AICPA downloadable document open to everyone. Taxpayer and practitioner considerations for whether to elect into a state PTE tax — AICPA downloadable document open to everyone. Keep your finger on the pulse of the dynamic and evolving tax landscape with insights from tax thought leaders in the AICPA Tax Section. The Tax Section Odyssey podcast includes a digest of tax developments, trending issues and practice management tips that you need to be aware of to elevate your professional development and your firm practices. This resource is part of the robust tax resource library available from the AICPA Tax Section. The Tax Section is your go-to home base for staying up to date on the latest tax developments and providing the edge you need for upskilling your professional development. If you're not already a member, consider joining this prestigious community of your tax peers. You'll get free CPE, access to rich technical content such as our Annual Tax Compliance Kit, a weekly member newsletter and a digital subscription to The Tax Adviser.
In this episode, we review a little bit of the “Three Lands of Estate Planning” discussed in the previous episode. Then we transition into an introduction of trusts. We go over the dishonest practices of some attorneys with regard to trusts, what trusts are and what they do, and a few types of trusts such as testamentary trusts, revocable grantor trusts, and irrevocable asset protection trusts. We will go more in depth with trusts in future episodes, so stay tuned! Key Takeaways Takeaway 1: There is no perfect answer 01:48 - 03:46 When evaluating the “Three Lands of Estate Planning,” there is no perfect answer or exactly right way to make a determination. The fact that we take different roads doesn't mean that somebody is wrong. A family will evaluate their opportunities, their risks, and the three lands. All they have are the facts at the time, and the facts might turn out differently than anticipated. Takeaway 2: Trusts can be a trap, but they're not all bad 03:47 - 07:04 Trusts can either have a very good or very bad reputation. Some attorneys run “trust mills” and have dishonest practices meant to just trap people into buying their services. This, however, does not mean that all trusts are bad. Trusts, in reality, are a tool for protecting your assets. The big 3 types of trusts we utilize are irrevocable asset protection trusts, revocable grantor trusts, and testamentary trusts. Takeaway 3: Testamentary trusts 07:05 - 12:03 Testamentary trusts are in wills. It can be a trust for the benefit of a child or it can be used to protect spouses. If one spouse dies and the other spouse goes into long-term care, we can protect the deceased's money and transfer it to the living spouse. We have protected millions of dollars for after death using testamentary trusts. A problem as of late is that investment companies and financial institutions will not allow us to fund testamentary trusts or to name a beneficiary of an asset to be a testamentary trust. They want the trust to be living. It looks like the pendulum is changing significantly, and more companies are not letting us name beneficiaries in this way. We are going to have to start using trusts on a more regular basis if we want to protect future generations and spouses. We might just have to use trusts created during life now instead of last will and testaments, which means a 5-year lookback period will be in effect, something that is avoided with trusts at death. Takeaway 4: What is a trust? 12:04 - 18:15 A trust is a contract between 3 parties: The grantor - creates The trustee - controls The beneficiary - receives When asked initially, nobody wants to be the grantor, but the grantor gets to pick when the beneficiary gets the money, what they get, and what the trustee controls. You want to be ALL THREE, not just one. In tax trusts, you cannot be any of the 3 parties. Grantor trusts allow you to be all three parties. We teach this concept through the red wagon. In the wagon we have whatever properties we own. If you own a house, you have the right to live in it, the right to sell it and the right to buy another house. The trust owns the house, but you control the trust. If you own a house outright, you are out of the wagon because creditors have access to your home, but if you keep everything in the wagon, you can get full asset protection after 5 years. This is where we get into revocable grantor trusts vs. irrevocable asset protection trusts. Takeaway 5: Revocable grantor trusts 18:06 - 20:24 You can empty the wagon and access everything. You can be all 3 parties but you do not have asset protection because creditors can access your assets. These trusts are great if you have multiple properties across different states because you avoid probate fees in each state. Takeaway 6: Irrevocable asset protection trust 20:28 - 24:34 With irrevocable asset protection trusts, the only thing we can't do is give the assets back to ourselves. Assets are fully protected. You can change who gets them, when they get them, and how they get them. You remain in control. You will pay an inheritance tax, but that is a good thing because the beneficiaries will be well-off and not have to pay much in capital gains tax. Links and Resources Mentioned Bellomo & Associates workshops: https://bellomoassociates.com/workshops/ Connect with Bellomo & Associates on Social Media Twitter: https://twitter.com/bellomoassoc YouTube: https://www.youtube.com/user/BellomoAssociates Facebook: https://www.facebook.com/bellomoassociates Instagram: https://www.instagram.com/bellomoassociates/ LinkedIn: https://www.linkedin.com/in/bellomoandassociates Ways to work with Jeff Bellomo Contact Us: https://bellomoassociates.com/contact/ Practice areas: https://bellomoassociates.com/practice-areas/
Transparent messaging of the rules, consistency in communications, and systematic tracking are a few of the digital tools leading tech-edged Grantors are using in their nonprofit fundings. The COO of Submit.com shares his wise insights.Watch this episode on video: https://vimeo.com/731876067This is a recent episode of The Nonprofit Show --the Nation's daily live streaming broadcast where the Nonprofit and Social Impact Community comes together. Each weekday the hosts and their guest experts cover current topics-- from money to management to missions. Thanks to our generous nonprofit sector supporters you will find over 300 special learning episodes focused exclusively on nonprofits and social impact. Nonprofit Technology and Apps topics: https://bit.ly/Nonprofit-Technology Nonprofit Fundraising and Development topics: https://bit.ly/Nonprofit-Fundraising Nonprofit Marketing and Communications topics: https://bit.ly/Nonprofit-Marketing-and-Comms Nonprofit Boards and Planning topics: https://bit.ly/Nonprofit-Boards Nonprofit Management and Staffing topics: https://bit.ly/Nonprofit-Management Connect to The Nonprofit Show: https://bit.ly/The-Nonprofit-Show Listen to us on your favorite podcast channel: https://bit.ly/NonprofitShow-Podcasts The American Nonprofit Academy https://bit.ly/AmericanNonprofitAcademy provides our Nation's nonprofit social impact community collective News, Inspirations, and Training.If you lead or work for a registered nonprofit 501(c)(3), social impact or service organization, or are thinking of starting a nonprofit--, The Nonprofit Show is an excellent resource of current nonprofit information and operating strategies to make your social impact amazing. Each weekday there are new guest experts and thought leaders on the fast-paced 30-minute LIVE show—with topics ranging across nonprofit boards, foundations, grant funding, volunteer managers, donor relations, fundraising experts, NPO marketing, grant writers, philanthropy donors, nonprofit legal and tax professionals, CFRE info, nonprofit software and nonprofit apps providers, Nonprofit CRM programs, charity tax expertise, virtual galas, charity auctions, online nonprofit charity event programs, social impact strategic planning, fundraising and fund development, fiscal sponsorships, capital campaigns, community impact analysis, donation management, nonprofit jobs, nonprofit HR, nonprofit classes and training, global NGO organizations, as well as nonprofit sector Thought Leaders.#fundraising #nonprofit #socialimpact
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Episode 044 - OR vs. EE The OR has the right, title, or “thing”. The EE receives the right, title, or “thing”. Grantor and grantee question. A-Ha LINKS Email info@ahareep.com Web www.ahareep.com Facebook https://www.facebook.com/AHA.REEP YouTube https://www.youtube.com/channel/UCrxAjI5Li4Ll3Epwcyc0i6A
In this episode, Greg Sarian, CEO and founder of Sarian Strategic Partners, Tony Parisi, Managing Director at Strategic Exit Advisors, Kevin Wager, Sr. Financial Advisor at Sarian Strategic Partners, and Morgan Buswell, Communications Director of Sarian Strategic Partners, share key planning ideas and strategies for selling a company. They talk about understanding how a buyer will value your business and view risk as well as how to prepare your company for an optimal transaction. They also discuss how business owners should consider priorities related to employees and company culture/value fit, and the fundamentals of the deal. Listen for key pre-transaction financial planning strategies to maximize your equity and income tax planning considerations to reduce your tax burden. “Our clients' goals are kind of the North Star for the process.” -Tony Parisi [20:11] “I think it's really key too to understand the nature of your equity.” -Greg Sarian [22:38] “There's a lot of different strategies that people can implement to, again, maximize their outcome.” -Kevin Wager [34:19] What You Will Learn: [03:05] Why an owner would decide to sell their company [09:01] Where they see the most challenges [11:44] Putting a team in place [14:17] Creating value vs providing value [17:56] Finding the buyers [21:37] What pre-transaction planning strategies to consider [24:27] What to consider from a tax strategy perspective [30:55] Grantor retained annuity trust and spousal lifetime access trust [32:18] What executives who works for a public company should consider [35:18] What happens post-transaction [41:45] Two tax avoidance with the donor advised fund Resources: Visit our website: sarian.hightoweradvisors.com Email us: ssp@hightoweradvisors.com
Grantor Retained Annuity Trust - GRAT - Explained -- I love comments. I make these videos specifically to help people with no expectations. Please take a second and say ‘Hi' in the comments and let me and know what you thought of the video… and p.s. It would mean the world to me if you hit the subscribe button.
This week on Legal Visionaries our host Mary Vandenack, the Founder and Managing Partner at Vandenack Weaver and her guest, Mike Weaver, Managing Member at Vandenack Weaver discuss some techniques using trusts that business owners should consider when selling. What is a Grantor Trust? How does a GRAT work? Why and when are these trusts beneficial? How is a NING technique used? What requirements are needed to maintain non-Grantor status? If you are planning to sell your business, tune in to learn about these techniques for improving the status of your income tax and estate plan. A Hurrdat Media Production. Hurrdat Media is a digital media and commercial video production company based in Omaha, NE. Find more podcasts on the Hurrdat Media Network and learn more about our other services today on HurrdatMedia.com. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.
On this episode of Breaking Upward, we're joined by CPA and Certified Financial Planner, DeDe Jones. She walks us through her perspective on trusts and how anticipated Estate and Gift tax law changes may impact Grantor trusts, estate and gift cut offs, and other critical things you need to know in writing a will or trust. Guest Info: DeDe Jones - CPA | CFP - Innovative Financial https://innovativefinancial.com https://www.youtube.com/c/MoneyMasteryWithDeDe Host Info: Beth Andersen - Owner & Attorney at Andersen Law PC http://bethlynnandersenjd.com Phone: 720-922-3880
Mark Ireland is the Team Leader of Enterprise Zambia Challenge Fund. This is the second round of funds he has managed at Self Help Africa. He previously raised the capital for and managed Agrifi Kenya. Enterprise Zambia Challenge Fund is looking to invest between €70,000 and €1m. They require 50% or more cofinancing and are looking to support agriculture companies helping in the 10,000 ish farmers. In this episode we talk about all the mistakes that entrepreneurs make when applying for grants. For example, even though. And I think Mark's comments are applicable to other grants as well. This is perhaps the best episode we have done so far where you'll understand what it's like to be in the grantor's shoes. They will have another call for proposals coming out in 2022 so keep an eye out for that by subscribing to their twitter at https://twitter.com/selfhelpafrica or subscribing to their newsletter on their website at https://enterprisezambia.org/. Follow Mark on LinkedIn at https://twitter.com/selfhelpafrica
In this week's episode, IRA Financial's Adam Bergman Esq. answers questions related to the proposed tax bill, including private placements and Roth conversions in a Solo 401(k), and the grantor trust for estate planning.
Here is Frank Bruno's daily dose of elder law. Elder Law attorneys help their clients facing incapacity, paying for long-term care, or settling an estate. Find us on the web! For more information visits my website at https://www.frankbrunolaw.com Schedule a free telephone consultation on our Website at https://frankbrunolaw.apptoto.com// Say Hi on Social: Visit my Instagram page at https://www.instagram.com/frankbrunoesq/?hl=en Visit my Facebook page at https://www.facebook.com/LawOfficeofFrankBrunoJr/ Visit my Linkedin page at https://www.linkedin.com/in/frank-bruno-2aa14799/ Visit my Twitter page at https://twitter.com/_frankbrunolaw Website: https://www.frankbrunolaw.com What we do at our offices: Wills, Trusts, Estates, Powers of Attorney, Nursing Home Medicaid, Long Term Care Planning, Guardianship, Real Property transfers & Probate Frank Bruno, Jr. is an Elder Law and Special Needs lawyer with years of experience handling these types of cases. He is extremely active in the Queens, New York Community, the Queens County Bar Association, and New York State Bar Association and is frequently invited to speak at events about Elder Law. If you'd like to learn more about Elder Law, Medicaid planning, Guardianship, Special Needs Trusts, or Probate law contact the Law Office of Frank Bruno, Jr. today at 718-418-5000. Thank you for listening! Eldercare law is really an umbrella term encompassing multiple areas of law. Some elder care attorneys handle subjects that most people know something about, such as probate, guardianship, estate planning. Other eldercare lawyers focus their practice on other areas of law such as special needs planning, VA benefits planning, and Medicaid planning. So, what is Medicaid planning? Medicaid planning is a way to protect people's assets from the threat of long-term care expenses. Many clients are between 65 and 95, own their own homes, and have between $25,000 and $750,000 worth of assets in addition to the house. What many people don't realize is exactly how expensive long term care expenses can be – In 2020 the average costs of a skilled nursing facility, in New York is $14,250.00 per month. Someone can be solidly middle class or upper-middle class, have saved their whole life, and think that they'll have plenty of money for whatever happens only to suffer a stroke, major heart attack or get an Alzheimer's or Parkinson's diagnosis and need help with their activities of daily living. If they have this six-figure per year care expense, many people spend everything. Medicare does not pay skilled nursing home expenses after 100 days. An elder care attorney, who handles Medicaid planning, is able to legally and ethically protect people's assets to get them qualified for Medicaid. Medicaid, unlike Medicare, has excellent long-term care benefits. This helps them supplement their lifestyle with their own assets (to improve the quality of their life while alive) and make it more likely that they will have something to pass onto their heirs after they pass away. There are many myths and much misinformation surrounding long-term care Medicaid in New York. To learn more please visit... https://www.frankbrunolaw.com
Summary: The world is full of people that would love to take your hard earned cash, but this can be prevented with the proper planning and an asset protection program in place before you need one. Today we have Douglas Lodmell on the show to talk about the importance of asset protection, and some of the steps required to acquire this. It's as simple as figuring out what you have, and what needs to be protected that isn't already. Highlights: -Asset protection - the world is full of people that want to take your hard earned cash. The key is to have an asset protection program in place before you even. need one -Asset protection doesn't mean anything until you actually need it—most people don't look into this until after they realize they need it -There two types of people: those who have assets and those who don't -Figure out what you have, and if you already have asset protection; take an inventory and pinpoint what is protected/what isn't -There are 2 asset categories: exempt assets, which are already protected (i.e. homestead, retirement plant, etc.) and unprotected assets -In the asset world there is asset exemption and then asset protection -Now we have foreign asset protection trusts (established in 1994) -19 US states currently have some sort of domestic asset protection trust legislation -There are standards that outline what makes a trust a US trust -Grantor trust is disregarded for tax purposes -Asset protection is between $25k-$30k for the most part -An ounce of prevention here is like a pound of cure Useful Links: Financial Survival Network Lodmell & Lodmell
Join us as we sit down with Attorney, Triston Dallas, to discuss trusts, what they're used for, how they're created, and when you should consider one. In this podcast, Triston and Steve discuss the following:• What are the roles of a grantor, beneficiary, and trustee? • What does the process of creating a trust look like? • What types of assets can go into a trust? • What are the advantages and disadvantages of a trust? • What are the different types of trusts, and how do you choose one that's right for you? If you would like to speak with one of our family law attorneys, please call our office at (503) 227-0200 or visit our website at https://www.landerholmlaw.com/Disclaimer: Nothing in this communication is intended to provide legal advice nor does it constitute a client-attorney relationship, therefore you should not interpret the contents as such.
ABOUT ROB FOTHERINGHAMRob is a founding partner of Vial Fotheringham, LLP. He was first admitted to practice in the states of Utah and Nevada in 1986 and later admitted to practice in Oregon after relocating in 1989. Rob regularly advises estate and business planning clients and assists with the establishment of wills, revocable and irrevocable trusts, corporations, partnerships, limited liability companies, charitable giving strategies, powers of attorney for financial decision-making, and advance directives for health care. The majority of Rob's clients are referred to him by other legal, financial, accounting, and real estate services professionals who have come to rely on him for providing their clients with competent and reasonably-priced estate and business planning legal services. Rob is a proud father of 5 children and his wife of 38+ years is his paralegal and best friend. THIS TOPIC IN A NUTSHELL[01:30] His career background[02:00] Why estate planning is an upbeat law practice[03:00] About the company: Vial Fotheringham LLP[03:50] Concept and history of Trusts[05:10] Law of Equity or Law of Fairness[07:00] Main use of Trust nowadays[11:41] Other situations or issues where estate planning is used for[12:25] Trust as a tax reduction vehicle [14:54] Different types of Trusts[17:09] Gifting a property with a mortgage[19:00] Benefits of Foundation and Charitable entity in estate planning[22:16] Charitable Remainder Trusts [25:26] Why should younger individuals have an estate plan?[26:20] Importance of having a Will of testament [29:36] Types of Trusts that are beneficial to RE investors[30:59] Downside of Irrevocable trusts[31:32] Taxes for Trusts [34:33] Grantor defective trusts[38:17] Advice to his 25-year-old self[39:54] First Entrepreneurial endeavor[41:36] His Formal and Informal training that shaped his journey[43:36] The Deal that got away[45:22] Best way to reach out to Rob KEY QUOTES[06:50] The main use of Trust nowadays is that it's a way for people to hold their own assets for themselves. It's like taking out everything in your pocket and putting it in your other pocket and calling it your Trust pocket. By doing that, it avoids a lot of disadvantages of owning a property in your own name. For example, if you die, your family has to go to a probate or court proceeding that could take months to years as a mandated process, however, if you have a Trust, it avoids the need to go to court and makes it convenient to transfer assets to your family. [37:08] You can be a pig when it comes to tax avoidance, just don't be a hog. Take your fair share, do as much avoidance as possible, be as aggressive as you can be, but don't be fraudulent and avoid every possible tax and creditor because usually you will pay a much higher price in the end. [41:48] Estate planning is a deeply intimate law practice with people's lives. When they come to me, they're not just looking to sell or be sold a trust or a will. They're coming to you to talk about their family, and a lot of their family issues are very painful or distressing to them. I can sit there and talk about legal structure but really a lot of times what they're asking me is “Hey, Rob, what would you do?”. I need to take my hat off as a lawyer and be somebody who they can relate to and talk to them about how to handle their estate plan. SUMMARY OF BUSINESSVial Fotheringham, LLP - A mid-sized law firm formed in 1998 with offices in Oregon, Utah, Arizona, and Colorado providing a broad range of legal services to individuals, businesses, and homeowner associations. Areas of particular emphasis include estate planning, real estate transactions, business entity formation and advising, commercial litigation, homeowner association representation and assessment collections, and construction-defect litigation. ABOUT THE WESTSIDE INVESTORS NETWORK The Westside Investors Network, is your community for investing knowledge for growth. For real estate professionals by real estate professionals. This show is focused on the next step in your career... investing, for those starting with nothing to multifamily syndication. The Westside Investors Network strives to bring knowledge and education to the real estate professional that is seeking to gain more freedom in their life. The host's AJ and Chris Shepard, are committed to sharing the wealth of knowledge that they have gained throughout the years to allow others the opportunity to learn and grow in their investing. They own Uptown Properties, a successful Property Management and Brokerage Company. If you are interested in Property Management in the Portland Metro or Bend Metro Areas, please visit www.uptownpm.com. If you are interested in investing in multifamily syndication, please visit www.uptownsyndication.com. #investmentproperty #realestate #investment #property #realestateinvesting #realty #propertyinvestment #investing #realestateinvestor #investor #investments #properties #investmentproperties #realestateinvestment #business #REinvesting #beyourownboss #entrepreneur #entrepreneurlife #coaching #motivation #mindset #business #success #mindfulness #goals #mentoring #success #estateplanning #trusts #estate #trustplanning #lastwillandtestament #lawyers #revocabletrusts #irrevocabletrusts #taxreductionvehicle #capitalgain #probate #attorney #wills #financialplanning #willsandtrusts #estateplan #estateplanningattorney #powerofattorney #guardianship #trusts #elderlaw #financialfreedom #law #livingwill #money #familylaw #probateattorney #legal #assetprotection YOU MAY CONTACT ROB FOTHERINGHAM VIA:Phone No: 503-684-4111Email: rcf@vf-law.comWebsite: https://vf-law.com/LinkedIn: https://www.linkedin.com/in/rob-fotheringham-2253b39/ Social media: Facebook: https://www.facebook.com/vial.fotheringham.1Instagram: https://www.instagram.com/vf_lawyers/Twitter: https://twitter.com/vflawyersYouTube: https://www.youtube.com/user/VialFotheringhamLLP CONNECT WITH US For more information about investing with AJ and Chris: · Uptown Syndication | https://www.uptownsyndication.com/ · LinkedIn | https://www.linkedin.com/company/71673294/admin/ For information on Portland Property Management: · Uptown Properties | http://www.uptownpm.com · Youtube | @UptownProperties Westside Investors Network · Website | https://www.westsideinvestorsnetwork.com/ · Twitter | https://twitter.com/WIN_pdx · Instagram | @westsideinvestorsnetwork · LinkedIn | https://www.linkedin.com/groups/13949165/ · Facebook | @WestsideInvestorsNetwork · Youtube | @WestsideInvestorsNetwork
Five reasons why tax and estate attorneys might want to recommend multiple non-grantor trusts for tax benefits for their clients. The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series offers professionals best practice advice, insights and commentary on subjects that affect the profession and clients. Learn more in this podcast.
It’s never a good idea to gift things to somebody. Instead, make them work for it. Take care of yourself, your family, and your taxes. Toby Mathis and Jeff Webb of Anderson Advisors answer your tax questions. Submit your tax question to taxtuesday@andersonadvisors. Highlights/Topics: How do I gift my son a fully depreciated rental property without causing a tax consequence? Typically, gifts do not cause tax consequences; however, it is not always wise to do so We are considering purchasing a vehicle, which will be used about probably 75% of the time for our real estate business. Should we purchase it in the LLC (an S Corp) or personally? What are the advantages and disadvantages of both? Consider liability, tax consequences, cost factor, and value of vehicle; unless it’s a maintenance or utility vehicle, put it in your personal name and get reimbursed for the mileage because commercial insurance is much more expensive Excluding the 1031 Exchange, is there any way to legally avoid paying depreciation recapture tax when you sell a rental property? Don’t have a gain on your sale I have several vendors refusing to give me their W-9, and I have to threaten to withhold payments. When should I collect and not collect W-9? Vendors need to complete the W-9, but you are not required to issue them 1099s—although you should anyway Can we sell our home on an installment sale to an Intentionally Defective Grantor Trust (IDGT) and then lease it back? And at the same time, have the depreciation and other costs flow to our return because of IDGT taxation rules? IDGT is an irrevocable trust that is not actually irrevocable because of adding ‘Grantor’ wording to make it intentionally defective for tax purposes For all questions/answers discussed, sign up to be a Platinum member to view the replay! Go to iTunes to leave a review of the Tax Tuesday podcast. Resources: Tax and Asset Protection Workshop (Free 1-Day Virtual Event on Feb. 27) http://aba.link/TAP227 Wills and Trusts https://andersonadvisors.com/living_trusts/ MileIQ https://www.mileiq.com/ Real Estate Professional Requirements https://www.irs.gov/pub/irs-utl/33-Real Estate Professionals.pdf Doing Business As (DBA) https://www.entrepreneur.com/encyclopedia/doing-business-as-dba Entity Formation https://andersonadvisors.com/entity_formation/ 1031 Exchange https://www.irs.gov/pub/irs-news/fs-08-18.pdf Bonus Depreciation https://www.irs.gov/newsroom/new-rules-and-limitations-for-depreciation-and-expensing-under-the-tax-cuts-and-jobs-act Depreciation Recapture https://www.investopedia.com/terms/d/depreciationrecapture.asp Form W-9 https://www.irs.gov/forms-pubs/about-form-w-9 Intentionally Defective Grantor Trust (IDGT) https://www.investopedia.com/terms/i/igdt.asp Section 121 Exclusion https://www.irs.gov/taxtopics/tc701 FHA Loan Requirements https://www.fha.com/fha_loan_requirements Capital Gains and Losses https://www.irs.gov/newsroom/capital-gains-and-losses-10-helpful-facts-to-know-0 Form 1099 https://www.irs.gov/forms-pubs/about-form-1099-misc Retirement Plans https://andersonadvisors.com/retirement_plan/ Self-Directed IRA (SDIRA) https://www.investopedia.com/terms/s/self-directed-ira.asp Unrelated Business Income Tax (UBIT) https://www.irs.gov/charities-non-profits/unrelated-business-income-tax Conservation Easements https://www.conservationeasement.us/what-is-a-conservation-easement/ Solar Investment Tax Credit (ITC) https://www.seia.org/initiatives/solar-investment-tax-credit-itc#:~:text=Quick%20facts,large%2Dscale%20utility%20solar%20farms. Taxpayer Certainty and Disaster Tax Relief Act of 2020 https://www.finance.senate.gov/download/section-by-section_-taxpayer-certainty-and-disaster-tax-relief-act-of-2020 Step-Up in Basis https://www.investopedia.com/terms/s/stepupinbasis.asp#:~:text=A%20step%2Dup%20in%20basis%20is%20the%20readjustment%20of%20the,for%20tax%20purposes%20upon%20inheritance.&text=The%20asset%20receives%20a%20step,of%20property%20transferred%20at%20death. CARES Act https://www.congress.gov/116/bills/hr748/BILLS-116hr748enr.pdf Charitable Organizations https://www.irs.gov/charities-non-profits/charitable-organizations Opportunity Zones https://www.irs.gov/credits-deductions/opportunity-zones-frequently-asked-questions Rollovers as Business Start-Ups (ROBS) https://www.irs.gov/retirement-plans/rollovers-as-business-start-ups-compliance-project Toby Mathis http://tobymathis.com/about-toby-mathis/ Anderson Advisors https://andersonadvisors.com/ Anderson Advisors Events https://andersonadvisors.com/all-events/ Events@andersonadvisors.com Anderson Advisors Tax and Asset Protection Workshop https://andersonadvisors.com/asset-protection/ Anderson Advisors Tax-Wise Workshop https://andersonadvisors.com/tax-wise-workshop-for-businesses-investors/ Anderson Advisors Infinity Investing Workshop https://andersonadvisors.com/investing-workshop-passive-income-generating-machine/ Anderson Advisors on YouTube https://www.youtube.com/channel/UCX5nh607M8hSBLiMB9MgbIQ Anderson Advisors on Facebook https://www.facebook.com/AndersonBusinessAdvisors/ Anderson Advisors Podcast https://andersonadvisors.com/podcast/
Although a trust can be a permitted shareholder in an S corporation, only certain kinds of trusts are so permitted under Section 1361 of the Internal Revenue Code. If a trust is not one of the trusts specifically authorized by the Internal Revenue Code, however, and becomes a shareholder, the Corporation ceases to be a qualified S corporation and will be taxed as an ordinary C corporation. Thus, when a Living Trust becomes the owner of S corporation stock, there can be resulting difficulties for both the Grantor's heirs and for the S corporation itself if an estate lawyer is not involved. Learn more in this episode of The Bottled Business Sense Show. WFB LEGAL CONSULTING–LAWYER FOR BUSINESS–A BEST ASSET PROTECTION Services Group Bill Bernard – WFBLegalConsulting.com bill@wfblegalconsulting.com 949.698.6222 Rick Moscoso – Captivate365.com rick@captivate365.com 949.667.1182 The Bottled Business Sense Show provides practical business perspectives that uniquely emphasize both legal and media marketing strategies that protect and insure the longevity of your business. WFB LEGAL CONSULTING–LAWYER FOR BUSINESS–A BEST ASSET PROTECTION Services Group http://bottledbusinesssenseshow.com
In this 23-minute podcast, Bob Keebler, Mary O'Reilly, and Stephen Breitstone discuss the use of a GRIP - a Grantor Retained Interest Partnership - to use the estate and gift tax exemption in 2020 while retaining access to assets. This Podcast is sponsored by Leimberg Information Services, Inc. at http://www.leimbergservices.com Please visit our software, books, and PowerPoint Presentations site at http://www.leimberg.com
American Institute of CPAs - Personal Financial Planning (PFP)
Guest: Robert Keebler, CPA/PFS If you have clients who want to lock in the current estate tax exemption but are concerned about parting with assets, the new grantor retained interest partnership (GRIP) may be the answer. In this episode of the PFP Section podcast, Bob Keebler interviews GRIP experts Mary O’Reilly and Stephen Breitstone. They respond to the following questions: What is a GRIP and how does it work? In which circumstances does this technique make sense? What features would you include in the partnership agreement? Is there a risk of clawback? What is the downside to implementing this strategy? Access resources related to this podcast: Read about the GRIP technique in this newsletter provided by Leimberg Information Services, Inc. Find other estate planning strategies in The Adviser’s Guide to Financial & Estate Planning. This episode is brought to you by the AICPA’s Personal Financial Planning Section, the premier provider of information, tools, advocacy and guidance for professionals who specialize in providing tax, estate, retirement, risk management and investment planning advice. Also, by the CPA/PFS Credential program, which allows CPAs to demonstrate competence and confidence in providing these services to their clients. Visit us online at www.aicpa.org/pfp to join our community, gain access to valuable member-only benefits or learn about our PFP certificate program. Don’t miss an episode. Subscribe to our podcast series on iTunes, or Spotify! Just search for “AICPA Personal Financial Planning” on any Apple, Android or Windows device.
An intentionally defective grantor trust is an estate-planning tool used to freeze certain assets of an individual for estate-tax purposes. What makes 2020 the perfect time to take advantage of this type of trust? In this episode, John and Michael Parise dive right into the benefits of intentionally defective grantor trusts and why the best … Continue reading Episode 42 – Intentionally Defective Grantor Trust Planning in 2020 →
An expert estate planning attorney reviews the options available for reporting the income tax from grantor trusts. The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series offers professionals best practice advice, insights and commentary on subjects that affect the profession and clients. Learn more in this podcast.
Will donors care if your Form 990 is late? We have opinions! Stacey has ideas about what to do if you have employees that don't want to return to the office, and we have a few thoughts on what to do if a grantor says you didn't make the cut because you "didn't show sufficient return on investment." Huh? Topics: How late is too late for a 990? - 0:00 Grantor is concerned about return on investment - 6:14 Should I make employees come into the office? 14:58 Episode Sponsor: Today's episode is sponsored by the Alliance for Nevada Nonprofits job board. Your one-stop shop for the next step in your career! Searching job listings is totally free, and ANN members receive a big discount when posting new jobs. There are dozens of nonprofit jobs available right here in Nevada (and out of state jobs, too!) Check it out at jobs.alliancefornevadanonprofits.com.
Now that we've settled into somewhat of a new normal for the time being, people are thinking about getting things in order. There is still a sense of urgency, but many are taking the time to review their estate plans to make sure everything is in place, or are taking steps to put a new plan in place. In California, one of the key tools we use is a trust. We want to keep things simple, keep the cost down, and keep the family out of court, so we use a trust to avoid probate. But problems arise when an asset doesn't make it into the trust before the grantor dies. When that happens, probate happens - not always, but most of the time. And surprisingly, this is a very common mistake. “It’s rare for us to do trust administration for a client and not have this mistake show up. I would say 95 out of 100 times we find an asset outside of a trust that should have gotten in.” -Kirsten Howe In a new episode of Absolute Trust Talk, I'm going to share the tips and information you need to know to avoid this kind of mistake and keep your family out of court. I'll talk about how to fund a trust: which assets to fund, how to fund each kind of asset, and how you can tell if your trust has been correctly funded. With COVID-19, people want to make sure they protect themselves and their loved ones the best they can. Together we can help build an airtight plan.
Our Lord! (they say), Let not our hearts deviate now after Thou hast guided us, but grant us mercy from Thine own Presence; for Thou art the Grantor of bounties without measure
Do you have a taxable estate and high-growth potential assets that have dropped in value? Would you like to transfer more of your wealth to future generations in a transfer tax efficient manner?
How to Pull a Title Report in TitlePro 247 (LA 1176) Transcript: Steven Butala: Steve and Jill here. Jill DeWit: Hi. Steven Butala: Welcome to The Land Academy Show, entertaining land investment talk. I'm Steven Jack Butala. Jill DeWit: And I'm Jill DeWit broadcasting from sunny Southern California. Steven Butala: Today, Jill and I talk about how to pull a title report in TitlePro 24/7. Jill DeWit: Whoa. Let me stop you right there. Let me give you the real title. The real title is going to be Title Report-Worthy Due Diligence. Steven Butala: Or What's A Title Report? Jill DeWit: We're trying to dispel some things here and make sure everybody's doing this right, so I have a lot I'm going to cover here. This is going to be a good show. Steven Butala: Every week we ask our customer service people to give us hot topics. What should we talk about? What are people asking about? And this was at an actual direct quote, "How do you pull a title report in TitlePro 24/7?" Multiple people asked. I'm not sure why. We probably talked about it. Jill DeWit: Property report. Property report. Steven Butala: First of all, that's not actually like the not ... Yeah. Exactly. That's not the right question. Jill DeWit: That's what we all say, property report. Steven Butala: Before we get into it, let's take a question posted by one of our members on the LandInvestors.com online community. It's free. Jill DeWit: [Sheria 00:01:08] ... Sheria, I'm going say. I hope I'm saying that's right ... asks, "Who do you use to do an inexpensive title search? I recently used EasyTitleSearch.com, and it was $55. The thing is, it's my first time ever doing it, so I don't know if it's good or not." Steven Butala: That's the thing. This is perfect for this. Jill DeWit: I have a lot to say here. "How are you guys doing title search and how much are you paying? It seems like most title companies charge between 150 to $250 to do them, which doesn't make sense if you're just doing some investigation." So we're going to talk a lot about this in the show, but let me answer this question here first real quick. One of the things that I do in my due diligence is I go back and I search a chain of title. And between our three products, I have- Steven Butala: What's a chain of title? Jill DeWit: Thank you for asking. The chain of title is to make sure the guy before this property, the deed was done correctly, everything lines up, the legal description. You check all that. The deed before that, I want to make sure he bought it. He sold it. "Yeah, that's the buyer. That's the seller." Grantor, grantee. Make sure that's all correct. The legal description's right, nothing funny going on. The dates line up. Great. Go to the guy before that and the guy ... and so on. That's a chain of title. Jill DeWit: I want to make sure that when that guy sold it to you and you sold it to me and I'm selling to him, it all looks correct and there are no issues. The legal description wasn't off, APM wasn't off. A company wasn't misspelled or something left out or a missing document. That would be a cloud on that. But we don't need to get into that right now. So that's the chain of title. Just to give you the gist, like going back and researching the pink slip on your car kind of thing. Was it stolen in the middle there and somebody missed it? Okay. Jill DeWit: Now, then, the question is to do this ... So how do I check the chain of title? I do- Steven Butala: Is this the topic? Jill DeWit: Well, I'm going to go into this in just a minute. First, I want to answer this question because it's very important because I've been in this exact situation. Jill DeWit: We have all the tools. Land Academy members have all the tools to do this ourselves, to do this cursory overview and really do a good job. I shouldn't say cursory overview. Do a good job just confirming the titles between the three products, between DataTree and TitlePro and RealQuest Pro, all those three that we offer.
How to Pull a Title Report in TitlePro 247 (LA 51) Transcript: Steven Butala: Steve and Jill here. Jill DeWit: Hi. Steven Butala: Welcome to The Land Academy Show, entertaining land investment talk. I'm Steven Jack Butala. Jill DeWit: And I'm Jill DeWit broadcasting from sunny Southern California. Steven Butala: Today, Jill and I talk about how to pull a title report in TitlePro 24/7. Jill DeWit: Whoa. Let me stop you right there. Let me give you the real title. The real title is going to be Title Report-Worthy Due Diligence. Steven Butala: Or What's A Title Report? Jill DeWit: We're trying to dispel some things here and make sure everybody's doing this right, so I have a lot I'm going to cover here. This is going to be a good show. Steven Butala: Every week we ask our customer service people to give us hot topics. What should we talk about? What are people asking about? And this was at an actual direct quote, "How do you pull a title report in TitlePro 24/7?" Multiple people asked. I'm not sure why. We probably talked about it. Jill DeWit: Property report. Property report. Steven Butala: First of all, that's not actually like the not ... Yeah. Exactly. That's not the right question. Jill DeWit: That's what we all say, property report. Steven Butala: Before we get into it, let's take a question posted by one of our members on the LandInvestors.com online community. It's free. Jill DeWit: [Sheria 00:01:08] ... Sheria, I'm going say. I hope I'm saying that's right ... asks, "Who do you use to do an inexpensive title search? I recently used EasyTitleSearch.com, and it was $55. The thing is, it's my first time ever doing it, so I don't know if it's good or not." Steven Butala: That's the thing. This is perfect for this. Jill DeWit: I have a lot to say here. "How are you guys doing title search and how much are you paying? It seems like most title companies charge between 150 to $250 to do them, which doesn't make sense if you're just doing some investigation." So we're going to talk a lot about this in the show, but let me answer this question here first real quick. One of the things that I do in my due diligence is I go back and I search a chain of title. And between our three products, I have- Steven Butala: What's a chain of title? Jill DeWit: Thank you for asking. The chain of title is to make sure the guy before this property, the deed was done correctly, everything lines up, the legal description. You check all that. The deed before that, I want to make sure he bought it. He sold it. "Yeah, that's the buyer. That's the seller." Grantor, grantee. Make sure that's all correct. The legal description's right, nothing funny going on. The dates line up. Great. Go to the guy before that and the guy ... and so on. That's a chain of title. Jill DeWit: I want to make sure that when that guy sold it to you and you sold it to me and I'm selling to him, it all looks correct and there are no issues. The legal description wasn't off, APM wasn't off. A company wasn't misspelled or something left out or a missing document. That would be a cloud on that. But we don't need to get into that right now. So that's the chain of title. Just to give you the gist, like going back and researching the pink slip on your car kind of thing. Was it stolen in the middle there and somebody missed it? Okay. Jill DeWit: Now, then, the question is to do this ... So how do I check the chain of title? I do- Steven Butala: Is this the topic? Jill DeWit: Well, I'm going to go into this in just a minute. First, I want to answer this question because it's very important because I've been in this exact situation. Jill DeWit: We have all the tools. Land Academy members have all the tools to do this ourselves, to do this cursory overview and really do a good job. I shouldn't say cursory overview. Do a good job just confirming the titles between the three products, between DataTree and TitlePro and RealQuest Pro, all those three that we offer.
Listen to Michael B. Cohen discuss Potential problems with title companies when the grantor decides to sell the property (typically the homestead)during the grantor’s lifetime.
In Episode 18 we got to meet Nathanael Smiley Tejeda, who gave up his Make-a-Wish grant to help his now former high school build a new weight room. That was back in August of 2019. This past December the weight room was finally unveiled. I called Smiley at his college in Springfield, Massachusetts, where he is starting his second semester of freshman year at Springfield College. Smiley talks about being in remission from Hodgkin Lymphoma, how exciting it was to unveil the new weight room and life in general. I also interview Lynda Pearson, one of Smiley's grantors at Make-a-Wish.Every 4 days Make-A-Wish® New Hampshire grants the wish of a child diagnosed with a life-threatening medical condition in New Hampshire. We believe that a wish experience can be a game-changer. This one belief guides us in everything we do. It inspires us to grant wishes that change the lives of the kids we serve. Here's a link to their site:https://nh.wish.org/Only a small percentage of our listeners are from NH, so if you'd like to learn more about the foundation, visit: https://wish.org/Music for the episode was found on the free music archive, featuring KieLoBot. Search for them on YouTube for their copyright free recordings. For the YouTube episode of Baker Street featuring Nathanael please find it here: https://www.youtube.com/watch?v=GQcVXR89auUFor more information about the incredible work of the Shriner's Hospitals, visit them at https://www.shrinershospitalsforchildren.org/shcNathanael wants to share the importance of The Childhood Cancer Lifeline of New Hampshire, Families Helping Families. They can be found at: http://www.childhoodcancerlifeline.org/Please check out Nathanael's gym, Veritas Performance Training in Nashua, New Hampshire at https://veritaspt.com/
A trust protector is just what it sounds like. It is a person that is appointed by the Settlor or Grantor to look over the Trustee and make sure things are being done according to the Grantor’s wishes. -- I love comments. I make these videos specifically to help people with no expectations. Please take a second and say ‘Hi’ in the comments and let me and know what you thought of the video… and p.s. It would mean the world to me if you hit the subscribe button. :) -- If you want to talk more about estate planning: https://www.michigancityinjurylaw.com/contact-us -- We do estate planning. We do probate. And we do it well. Our firm rests on three core pillars: 1. Family protection 2. Family opportunity 3. A plan that works when it’s needed If you need estate planning or probate help, we should talk. The easiest way to do that is to click the link below and choose a date and time that work for you (over the phone or in person). Guy DiMartino is the owner of Guy DiMartino Law. He created it with one goal - help YOU live a great life and leave a great legacy. You’ll find information here on estate planning, probate, revocable living trusts, irrevocable trusts, life insurance trusts, charitable giving, wills, trusts, power of attorney, medical power of attorney, trustee selection, and everything in between. -- How to find us out there in the world... instagram = https://instagram.com/guydimartino facebook = https://www.facebook.com/guydimartinolawind iTunes = https://podcasts.apple.com/us/podcast/estate-planning-with-guy-dimartino/id1478700781 youtube = https://www.youtube.com/channel/UCPQC0ZtxpmZQX_--zMyTrWw/ linkedin = https://www.linkedin.com/in/guy-dimartino-490a7aaa/
An overview of Charitable Lead Trusts including CLAT, CLUT, Grantor and Nongrantor Trusts from an estate expert. The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series offers professionals best practice advice, insights and commentary on subjects that affect the profession and clients. Learn more in this podcast.
This week’s episode of The Crushing Debt Podcast is the result of a client question - what happens to judgment liens that attach to inherited property? First we have to talk about when liens attach to property and the different kind of liens, then we have to discuss what happens when the person passes who owes the debt. This week’s episode touches on both lien and probate issues. If you have a judgment lien against your property, or if you inherit property that may have judgment liens from the grantor who died, please contact us to help remove the lien. Shawn@YesnerLaw.com or www.YesnerLaw.com.
Zen Graphene Solutions (ZEN:TSXV) has discovered the largest and very rare ultra high-purity graphite deposit in Northern Ontario. The company is now determined to illustrate the commercial viability of the Deposit, which sounds like every company until you consider what has taken place in just the past 60 days: 1. ZEN was awarded a $1,000,000 grant for Graphene-Infused Concrete Applications research. Yep, graphene & concrete. Who would have figured? Well, ZEN did as research with two different Universities indicates the combination has the potential to increase the strength of concrete by 40% … which would save developers an incredible amount of money. ZEN thinks they may be ready to deliver product into Ontario by 2020…. and so does the Grantor who didn’t want their name disclosed! 2. ZEN signed an agreement to license a low cost, high-yield graphene production process. Now why would it do something like that if ZEN didn’t think it would have a need to … produce? 3. ZEN signed an MOU with the University of Manchester on commercialization collaboration opportunities. Again “commercialization”. Even more happened over the past 60 days … but we figure we’d save some great stuff for you to watch!
TUNE EVERY TUESDAY AT 7 PM EST GET REMEDY AT akiemel.com NATIONALITY ON DRIVER LICENSE AT akiemel.com NOW AVAILABLE THE IRREVOCABLE TRUST WEBINAR HERE
Toby Mathis and Jeff Webb of Anderson Advisors help people do the best they can with what they’ve got and keep as much money in their pockets as possible by answering their tax questions. Do you have a tax question? Submit it to taxtuesday@andersonadvisors. Highlights/Topics: We inherited farmland real estate that we rent to tenants per a crop-share agreement. Do we get the 20% write-off? Yes. Rental income is subject to a 20% deduction I’m a realtor and make edible baskets for clients. Can I write off these expenses as advertising? Write off $25 per person per year for the baskets Are holding companies only for rental LLCs or can they hold an active business LLC? A holding LLC is for LLCs in different states/assets, and to make a single entity for taxation What taxes must revocable trust beneficiaries pay upon distribution? Grantor who funded trust owns the assets; income from the trust is taxable to them, not the beneficiary Which IRA with checking privileges do you recommend? IRA Club; if you want check writing privileges in an IRA, it’s better to do a 401(k) and not have a custodian If I open an account as a trader in a personal property trust, what’s the LLC’s role? The personal property trust is used because brokerage houses call you a professional trader and charge extra fees; LLC needs to be a partnership to write off expenses Are expenses (utilities, insurance, and homeowner’s dues) deductible for a C Corp? Business-related expenses are deductible to a C Corp under an accountable plan Can a S Corp shareholder deduct personal health insurance? You can’t reimburse your own health insurance, but you can deduct premiums as income on your W2 Do most land easement syndications offer three-five deductions? Companies get together, buy a property, and give air rights/restrictions on buildings; you can get three-five times the investment - invest $1, get a $9 deduction, but that’s aggressive The standard deduction was basically doubled, will the tax burden lessen by 50%? No, the standard deduction is what you take or itemize; standard deduction went up, and took away all exemptions and exclusions I’m on research landscaping. If I’m not being taxed as an S Corp and my kids work for the business, should I issue each of them a 1099? Yes, hire them and give them a 1099 What’s the benefit of parents doing IRS paperwork to declare a $15,000 annual gift exclusion? Don’t file it; $15,000 and under is what you can give without reporting it Clarify an accountable plan that includes corporation directors not taking a salary? Officers are considered employees by being around directors presumed to be employees; do an accountable plan with the director, but identify what they’re doing My C Corp didn’t do any business this year. Do I have to file a return? Yes, C and S Corps have to file a return every year of their own existence What are the top deductions eliminated for 2018, with the exception of the SALT limitation? Exclusions, personal exemptions, miscellaneous itemized deductions, and entertainment expenses What’s the best way to get precious metal holdings into an OJ retirement plan, meaning what entity is needed? Self-directed IRAs or self-directed 401(k) primarily because banks hate hard assets For all questions/answers discussed, sign up to be a Platinum member to view the replay! Resources 199A Affordable Care Act (ACA) IRA Club Tax Information for Corporations 280A 1244 Rollover Business Startup (ROBS) Section 179 Deduction Tax Information for Charities and Other Non-profits COBRA Medi-Share 1023 Application Section 721 1031 Exchange IRS Tax Schedules ERISA Livestream: Anderson Advisors’ Year-end Tax Planning Toby Mathis Anderson Advisors Anderson Advisors Tax and Asset Protection Event
Selling Little House on the Prairie Story (LI 699) Transcript: Steve Butala: Steve and Jill here. Jill DeWitt: Hello. Steve Butala: Welcome to the Land Investors show, Entertainment Land Investor Talk. I'm Steven Jack Butala. Jill DeWitt: I am Jill DeWitt broadcasting from sunny southern California. Steve Butala: Today, Jill and I talk about selling that Little House on the Prairie story. You know, if you're really young you may not know about it. But there was a show on TV for a lot of years in the 70s and 80s called Little House on the Prairie based on a famous book series. Jill DeWitt: Paw, Paw. Steve Butala: Laura Ingers Wilder grew up- Jill DeWitt: Michael Landon. Steve Butala: ... in a picture perfect little setting with a cabin and smoke coming out of the smokestack, and they had a homestead, and they never had any money but they were good people, and they lived off the land. That's the story we sell. Jill DeWitt: They never had any money. Steve Butala: As a real estate owner ... They never had any money. Did you notice that? Jill DeWitt: It is kind of true. They had three dresses. Steve Butala: But they were free, you know? Jill DeWitt: That's true. Steve Butala: They were in control. Jill DeWitt: They never wanted for anything. There was always food. Steve Butala: They helped each other out. Yeah. Jill DeWitt: Yeah, yeah. That's true. That's good. Steve Butala: That's the lifestyle we all want. None of us ... We want that one time a year where the $300 property tax bill comes up. We want that to be our one bill. Jill DeWitt: I know, right? And we hope it's a $30 tax bill. Steve Butala: Right? Jill DeWitt: That's awesome. Steve Butala: That's the story we're selling, and you can, believe it or not, in an Internet posting for a 40 acre property somewhere really sell the heck out of that concept. That's what people are looking for. That's what I'm still looking for. I'm still looking for that, after 15,000 deals. Jill DeWitt: Isn't that interesting? Why is that? Steve Butala: I still get on the Internet on the weekend and say, where could I buy a piece of property ... Even [crosstalk 00:01:45] Jill DeWitt: I don't have that. Steve Butala: I do. Jill DeWitt: I don't have that. Steve Butala: It's a guy thing maybe. I don't know. Jill DeWitt: Maybe it is. Steve Butala: Before we get into it and probably start arguing about it, let's take a question posted by one of our members on the LandInvestors.com online community. It's free. Jill DeWitt: Okay. Marilyn asks, "Has anyone seen this type of wording before? If so, am I correct in saying Seller A has full permission and authority to sell as noted in second paragraph before. So in quotes, 'Grantor reserves a legal titled estate in the property for the remainder of the life of Seller A and the wife of Seller A.'" Oh my gosh. How much did [crosstalk 00:02:29] Steve Butala: I will explain this. Jill DeWitt: "This is nuts. How should new deed be written? Should a quit claim deed be prepared adding sons as grantors? Seller A's spouse has passed,
Many people prepare for the inevitability of their death by creating trusts to ease the transfer of, among other assets, the non-retirement brokerage account. Brokerage accounts titled in the name of your revocable living trust at your death escape having to go through the court-supervised Succession or Probate procedure, which many find unnecessarily time-consuming, expensive, and stressful. Many people, as they age, have multiple accounts at a brokerage firm. Many have traditional IRAs, Roth IRAs, and non-retirement brokerage accounts. It's these non-retirement accounts that, when an individual's name at their death, get frozen and must go through probate. In order to have your brokerage accounts titled in the name of your revocable living trust at your death, you must establish your trust and open a trust account at the financial institution. I took a look at the requirements that three different financial institutions have regarding establishing an account in the name of a revocable living trust. Here are my findings: (1) Charles Schwab. For a revocable trust, you must a copy of the trust title page of first page and all signature pages with the account application. You could supply an Extract of Trust instead with the application. (2) Vanguard. You must attach with the Application for Trusts, copies of pages of the trust that contain the name and date of the trust, the trustees' names, and the signature pages. (3) Ally Bank. To set up an trust account at Ally Bank, you must upload the pages describing the Trust, including the formal name of the Trust, Grantors and Trustees; the notarized signature page with Grantor and Trustee signatures – in some states, there may be a separate page completed by the notary; any amendments to the original Trust; pages with Trustee powers and provisions related to incapacity or death of a Trustee; and the page listing the beneficiaries who will receive the funds if the Grantor of the Trust passes away. The key here to keeping the setup process simple is to give the financial institution what they are asking for. And before you know it, your legal affairs and your assets will be set up in a way so that your survivors will be thanking you one day for what you did to make it easy for them. This post is for informational purposes only and does not provide legal advice. Please do not act or refrain from acting based on anything you read on this site. Using this site or communicating with Rabalais Estate Planning, LLC, through this site does not form an attorney/client relationship. Paul Rabalais Louisiana Estate Planning Attorney www.RabalaisEstatePlanning.com Phone: (225) 329-2450
Two economist are walking past a car dealership and see a fully restored 1967 Chevy Camaro for sale and one of the economist says wow – I really want that car. And the other economist laughs and says no you don’t. The last thing you want to do is explain a joke, but since that joke isn’t inherently funny we will make this exception. If the economist really wanted the car he would be willing to part way with his money for that car. Or if he didn’t have the money he would get an extra job earn extra money to obtain that car. Since he wasn’t willing to make the tradeoff then he didn’t “really want to get that car” Common shortcoming for all of us A lot of things in life we want to have but we are not willing to do the work to do what it takes to obtain it Adam and Eve is an example of people wanting what they have not earned [7:20] The devil whispered to them, in order to reveal their bodies, which were invisible to them. He said, "Your Lord did not forbid you from this tree, except to prevent you from becoming angels, and from attaining eternal existence." [20:120] But the devil whispered to him, saying, "O Adam, let me show you the tree of eternity and unending kingship." Immediate Results with No To Little Work Marketers and advertisers use these tricks all the time The quick way to get rich The easiest way to lose weight Penn Jillette – "There is only one trick in magic, and that is that we are willing to work harder than you think we will." Example of Darren Brown - https://www.youtube.com/watch?v=yHNq4SQxyv0 How to Lose Weight in 4 Easy Steps – Aaron Bleyaert https://medium.com/@AaronBleyaert/how-to-lose-weight-in-4-easy-steps-1f135f7e1dec https://www.youtube.com/watch?v=9mbp0DugfCA 1.) NO BEER 2.) PORTION CONTROL 3.) HAVE YOUR HEART BROKEN 4.) NO FRUIT JUICE Guy sneaks into Floyd Mayweather vs. Connor McGregor fight The Sedentary [9:42] If there were a quick material gain, and a short journey, they would have followed you. But the striving is just too much for them. They will swear by GOD: "If we could, we would have mobilized with you." They thus hurt themselves, and GOD knows that they are liars. [17:11] The human being often prays for something that may hurt him, thinking that he is praying for something good. The human being is impatient. [21:37] The human being is impatient by nature. I will inevitably show you My signs; do not be in such a hurry. The Secret – The law of attraction – whatever you think about you will attract People think about wanting money and all they get is more wanting of money God knows exactly how much we can handle and if He was to give us one penny more than we can handle we would transgress. Materials of This World: All That The Disbelievers Get [43:33] If it were not that all the people might become one (disbelieving) congregation, we would have granted everyone who disbelieves in the Most Gracious mansions with silver roofs, and stairs upon which they could climb. [43:34] Their mansions would have impressive gates, and luxurious furnishings. [43:35] Also many ornaments. All these are the temporary materials of this lowly life. The Hereafter—at your Lord—is far better for the righteous. Growth only occurs in states of discomfort Moses with his teacher – how can you stand that which you do not understand Karate Kid – wax on wax off So instead of asking for more provisions think about asking God for the ability to handle more provisions Solomon's Exemplary Devotion [38:30] To David we granted Solomon; a good and obedient servant. [38:31] One day he became preoccupied with beautiful horses, until the night fell. [38:32] He then said, "I enjoyed the material things more than I enjoyed worshiping my Lord, until the sun was gone. [38:33] "Bring them back." (To bid farewell,) he rubbed their legs and necks. [38:34] We thus put Solomon to the test; we blessed him with vast material wealth, but he steadfastly submitted.* [38:35] He said, "My Lord, forgive me, and grant me a kingship never attained by anyone else. You are the Grantor." [38:36] We (answered his prayer and) committed the wind at his disposal, pouring rain wherever he wanted. [38:37] And the devils, building and diving. [38:38] Others were placed at his disposal. [38:39] "This is our provision to you; you may give generously, or withhold, without limits." [38:40] He has deserved an honorable position with us, and a wonderful abode. *38:32 Solomon missed his afternoon prayer because of his horses. To nullify Satan's possible claim that Solomon loved his horses more than loving God, he got rid of his horses. “History is filled with the sound of silken slippers going downstairs and wooden shoes coming up.” ―Voltaire Societies are founded by stoics and fall by epicureans Doing the hardwork vs. pleasure seeking Instant gratification Persevere past failure Cyrus the Great - Pasargadae remained the capital of the Achaemenid empire until Cambyses II moved it to Susa; later, Darius founded another in Persepolis. Easy choice, hard life hard choice easy life Steadfastly persevere [47:31] We will certainly put you to the test, in order to distinguish those among you who strive, and steadfastly persevere. We must expose your true qualities. [90:10] Did we not show him the two paths? [90:11] He should choose the difficult path. [90:12] Which one is the difficult path? [90:13] The freeing of slaves. [90:14] Feeding, during the time of hardship. [90:15] Orphans who are related. [90:16] Or the poor who is in need. [90:17] And being one of those who believe, and exhorting one another to be steadfast, and exhorting one another to be kind. [90:18] These have deserved happiness. when you haven’t earned something you give it up easily Now that we know this - what is it that we really want? [53:24] What is it that the human being desires? [53:25] To GOD belongs both the Hereafter, and this world. [7:26] O children of Adam, we have provided you with garments to cover your bodies, as well as for luxury. But the best garment is the garment of righteousness. These are some of GOD's signs, that they may take heed. [7:27] O children of Adam, do not let the devil dupe you as he did when he caused the eviction of your parents from Paradise, and the removal of their garments to expose their bodies. He and his tribe see you, while you do not see them. We appoint the devils as companions of those who do not believe. Choose Your Priorities Carefully This Life [17:18] Anyone who chooses this fleeting life as his priority, we will rush to him what we decide to give him, then we commit him to Gehenna, where he suffers forever, despised and defeated. The Hereafter [17:19] As for those who choose the Hereafter as their priority, and work righteousness, while believing, their efforts will be appreciated. [17:20] For each one of them we provide; we provide those and these from your Lord's bounties. Your Lord's bounties are inexhaustible. [17:21] Note how we preferred some people above others (in this life). The differences in the Hereafter are far greater and far more significant. [42:20] Whoever seeks the rewards of the Hereafter, we multiply the rewards for him. And whoever seeks the materials of this world, we give him therefrom, then he receives no share in the Hereafter. [4:134] Anyone who seeks the materials of this world should know that GOD possesses both the materials of this world and the Hereafter. GOD is Hearer, Seer.
Is Capitalism a Christian system? Gov. William Bradford made a poor decision in the early days of what would become the Massachusetts Bay Colony: He believed that devout Christians would all work together equally for "The Greater Good." Collectivism (socialism) failed miserably. Many simply didn’t want to labor to produce food—over 50% died. In This Episode, We Look At: Here are a handful of freedoms granted not only in our founding documents, but in Scripture as well. Freedom: to assemble and of religion—1st Amendment This is often taken for granted. We have freedom in Christ (Romans 8:2) and we have individual freedoms in this great nation. Property rights: 5th Amendment to the Constitution In Acts 4:36-5:1-5, Barnabas "having land, sold it, and gave it". It belonged to Barnabas and he could do as he wished. He chose to sell it and give it. Ananias and Saphira also owned property. Whilst it remained, was it not thine own? and after it was sold, was it not in thine own power? Incentive: also demonstrated in the Bible "…endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness" 2 Thessalonians 3:10 For even when we were with you, this we commanded you, that if any would not work, neither should he eat. There exists an incentive to work; there is really no ceiling for income/wealth creation. Rule of Law: (rather than the authority of man) "The state cannot grant rights to individuals, since our rights are God-given and hard-wired into us. The role of the state is to protect God-given rights. When the state attempts to overrule God's rule as the Grantor of rights, it is putting itself in the place of God , which is evil. This is one reason why socialism is a failed economic system. It is also the reason why God opposes socialism and advances the foundations on which capitalism is based." –Chad Hovind, Godonomics Today's Resources and Links: Godonomics by Chad Hovind One Thing You Can Do Today to Improve Your Faith and Finances: Remember these wonderful freedoms afforded to us by our God and these Founding Documents. Exercise them to the glory of God. What Are Your Thoughts? If you have a question or comment about today's topic, we invite you to share your thoughts. Podcast on Facebook Tim Twitter Troy Twitter
This is a living recording of a workshop I recently did at a singles retreat in Southern California. it's based on my Mindset Measure Mission Motto Blueprint for God's Daughters Workbook. For this particular workshop, I adapted the material for singles but stayed true to the core message - whatever differences we have - we all have three things in common: a desire to experience genuine love, a desire to be accepted for who we really are, and a desire to feel beautiful. For men, beauty is the same as the desire to be desired or feel worthy or someone desiring them. At the core of these desires is the inborn image of God within us. He is Love, He is the Grantor of eternal acceptance, and He is the Beautiful One. As women, what we believe about love, acceptance, and beauty affects every other area of our lives and frame our worlds. Our mindsets – the attitudes and opinions that form our thought processes, our standards – the measure we use to apply our understanding, and our ability to fulfill our mission and our purpose are all affected by what we believe about love, acceptance, and beauty. This workshop was interactive. Toward the end, you will also be able to follow along with the exercise to replace wrong, negative, self-defeating mindsets with what God's says about you in any area of your life, and make those mindsets the new standards by which you measure yourself. As always, I'm sure you will enjoy it and find common ground with not only me but the participants who share their breakthroughs and takeaways! You can purchase a copy of my workbook here: Mindset Measure Mission Motto Blueprint for God's Daughters
Make Offers to Make Money Jack Butala: Make Offers to Make Money. Leave us your feedback for this podcast on iTunes and get the free ebook at landacademy.com, you don't even have to read it. Thanks for listening. Jack Butala: Jack Butala with Jill DeWit. Jill DeWit: Hello. Jack Butala: Welcome to our show, in this episode, Jill and I talk about making offers to make money. Love it. If that's not an obvious, anyway. We'll get into it in a second. Before we do, let's take question posted by one of our members on the LandAcademy. Com online community, it's free. Jill DeWit: All right, Rod asked, when buying property from a trust, do I need a document that establishes the Grantor is authorized to sign for the trust, by the trust to sign? I sure would. Jack Butala: This is all you. Jill DeWit: I totally would. Could you imagine, no really it's me. It's me I promise. My dad left it all to me, okay got it. Jack Butala: Think of a trust as an entity that is allowed by law to own real estate. Jill DeWit: Like a company, like an LLC. Jack Butala: Like an LLC, like an individual, like a married couple. Jill DeWit: Exactly. Jack Butala: You treat it exactly the same. If John Smith is one the deed, John Smith has to sign it and convey the deed. There's the same thing in a trust, if you flip through it, it's daunting. It can get scary because the thing some of them are big, like a couple hundred pages. There's always one page in there that says, this person is allowed to sign property over. Jill DeWit: Exactly, so that's what I do when, it's like Jack was just saying. If it's an LLC you can go online and you can see who the managing members are and all that good stuff. You can usually check that out in every state, it's right there. In this situation with a trust, you can't go online and do that, so do you do need the document from the person, and I do get it from them, and I've never had anyone not share it. Just so you know too, it's not a weird crazy request, I think sometimes some of our members are like, gosh can I ask for that? The answer is yes, I've never had any member, or any seller say oh no, no that's personal. Jack Butala: Right. Jill DeWit: I will tell them look, and I don't. I want the whole document, I don't want just pages one five and nine. I want the whole thing, just to cover my, maybe it's a Jill thing, but just to cover my whatever. I want to scan the whole thing, I'm really not looking for personal information, about who's getting this Theadreaux collection, I don't really care. I know seriously I saw you Theadreaux store. Jack Butala: You did? Jill DeWit: The other day, I did, I'll tell you about that in a second. Jack Butala: Okay. Jill DeWit: Anyways, that's why it's on my mind. I don't really care about that, but I do want to have, should I ever need to show someone I had the whole real document, maybe it's a bigger property too, and I'm going through escrow whatever and I'm going to hand it over. Anyway, you do need to have that and it's spelled out right in there and then my second point is, because this comes up too, how do they sign, and what's the format? There usually is a template, you can go look through past deeds in our, gosh in our program and see some ideas of, it's usually the name of the person, as the trustee for the Smith Family Trust, however it's named. Jack Butala: Next time we do a trust deal, I'll put the conveyance documents up there. Jill DeWit: We should share that, make it, I could even put it in our newsletter and stuff too. Jack Butala: It's simple, it's easy for us, because we do it. Put it in the newsletter. Jill DeWit: I'm going to put it in the newsletter. Jack Butala: Put the document, maybe the conveyance document. Jill DeWit: Yeah, I'm making a note about that right now. Jack Butala: Here's the thing about trusts too, people, what a trust is, it's really, before I learned about this. Years ago I thought that they were recorded at the county,
Make Offers to Make Money Jack Butala: Make Offers to Make Money. Leave us your feedback for this podcast on iTunes and get the free ebook at landacademy.com, you don't even have to read it. Thanks for listening. Jack Butala: Jack Butala with Jill DeWit. Jill DeWit: Hello. Jack Butala: Welcome to our show, in this episode, Jill and I talk about making offers to make money. Love it. If that's not an obvious, anyway. We'll get into it in a second. Before we do, let's take question posted by one of our members on the LandAcademy. Com online community, it's free. Jill DeWit: All right, Rod asked, when buying property from a trust, do I need a document that establishes the Grantor is authorized to sign for the trust, by the trust to sign? I sure would. Jack Butala: This is all you. Jill DeWit: I totally would. Could you imagine, no really it's me. It's me I promise. My dad left it all to me, okay got it. Jack Butala: Think of a trust as an entity that is allowed by law to own real estate. Jill DeWit: Like a company, like an LLC. Jack Butala: Like an LLC, like an individual, like a married couple. Jill DeWit: Exactly. Jack Butala: You treat it exactly the same. If John Smith is one the deed, John Smith has to sign it and convey the deed. There's the same thing in a trust, if you flip through it, it's daunting. It can get scary because the thing some of them are big, like a couple hundred pages. There's always one page in there that says, this person is allowed to sign property over. Jill DeWit: Exactly, so that's what I do when, it's like Jack was just saying. If it's an LLC you can go online and you can see who the managing members are and all that good stuff. You can usually check that out in every state, it's right there. In this situation with a trust, you can't go online and do that, so do you do need the document from the person, and I do get it from them, and I've never had anyone not share it. Just so you know too, it's not a weird crazy request, I think sometimes some of our members are like, gosh can I ask for that? The answer is yes, I've never had any member, or any seller say oh no, no that's personal. Jack Butala: Right. Jill DeWit: I will tell them look, and I don't. I want the whole document, I don't want just pages one five and nine. I want the whole thing, just to cover my, maybe it's a Jill thing, but just to cover my whatever. I want to scan the whole thing, I'm really not looking for personal information, about who's getting this Theadreaux collection, I don't really care. I know seriously I saw you Theadreaux store. Jack Butala: You did? Jill DeWit: The other day, I did, I'll tell you about that in a second. Jack Butala: Okay. Jill DeWit: Anyways, that's why it's on my mind. I don't really care about that, but I do want to have, should I ever need to show someone I had the whole real document, maybe it's a bigger property too, and I'm going through escrow whatever and I'm going to hand it over. Anyway, you do need to have that and it's spelled out right in there and then my second point is, because this comes up too, how do they sign, and what's the format? There usually is a template, you can go look through past deeds in our, gosh in our program and see some ideas of, it's usually the name of the person, as the trustee for the Smith Family Trust, however it's named. Jack Butala: Next time we do a trust deal, I'll put the conveyance documents up there. Jill DeWit: We should share that, make it, I could even put it in our newsletter and stuff too. Jack Butala: It's simple, it's easy for us, because we do it. Put it in the newsletter. Jill DeWit: I'm going to put it in the newsletter. Jack Butala: Put the document, maybe the conveyance document. Jill DeWit: Yeah, I'm making a note about that right now. Jack Butala: Here's the thing about trusts too, people, what a trust is, it's really, before I learned about this. Years ago I thought that they were recorded at the county,
Person Specific Offers to Buyers are Best Jack Butala: Person Specific Offers to Buyers are Best. Leave us your feedback for this podcast on iTunes and get the free ebook at landacademy.com, you don't even have to read it. Thanks for listening. Jack Butala: We talk to Jill DeWit Jill DeWit: Hi. Jack Butala: Welcome to our show today and this episode Jill and I talk about person-specific offers to buyers and why they're the best. Person-specific offers, hmm. This is one of the reasons why we are so successful at this and as well as our members. Awesome show, Jill. Before we get into it, let's take a question posted by one of our members on landacademy.com online community. It's free! Jill DeWit: Okay, so, Eric asked: I have a question on dealing with JTROS, which is joint tenants with rights of survivorship, vesting where one owner is deceased. When I create the new deed from the remaining owner to myself, who is the grantor? Just the surviving owner or do I somehow need to have both of these original owners on the new deed as grantors? This is such a good question, I love it. Jack Butala: It really, really is. Jill DeWit: And I love the person that set it up correctly because that's why you do this. The joint tenants with rights of survivorship means that if someone should pass on instead of it going to, down the chain to heirs and all that, it's just the surviving member is now the sole owner. So, go for it Jack. Jack Butala: I mean, this is what I would do. There's some state requirements that are weird, but the vast majority of joint tenants works like this. So, the grantor would be something like Jack and Jill as joint tenants with rights of survivorship, period. That's it, ran residents of Arizona, maybe. But, let's just say it's Jack and Jill with joint tenants with right of survivorship. Jack passes on. Jill wants to convey the property to somebody new. That's it. Grantor's exactly the same as it was on the vesting deed. It's Jack and Jill as join-tenants. Jill is signing. Both people as joint-tenants have signing power to convey 100% of that property. So, are there some exceptions? Yeah. Always, always, always, if you're new at this and haven't worked in that county before, this is even what we do at this level. In a new county we call the county and make sure that we're doing it right before we send it all in. Is that how you would do it, Jill, or would you alter the grantor? Jill DeWit: You know, I think you're correct, but I would follow up with, and I've done this in the past, recording just in case, down the road, there's any question I have sent in and recorded in the past death certificates. Proving that. Jack Butala: Yeah, because some states, if it's not recorded in joint-tenants, you can still get away with doing that. If one person is deceased, the other person's a signer they can designate some stuff. So, yeah. [crosstalk 00:02:56] Jill DeWit: I may have been going above and beyond, but it's just an extra little insurance thing. Sometimes I do that. I've been known to go above and beyond. That way it's crystal clear it was all legitimate and nobody pulled a fast one on anybody, you know. Because what if it was joint-tenants and it's just like two brothers, let's just say, because the parents gave it to the two brothers. They're not married, they're not living together. They may not be getting along and I want to make sure everybody knows this is all legitimate. Jack Butala: Sure, that's a good point. Jill DeWit: It's really easy in this situation to get an original copy of the death certificate from who you're getting the property from. Once it's recorded, the county will send it right back to you. They just basically make a copy of it and return it to you. They don't keep it. And then I will then send it back to the original person saying "Hey I need to basically borrow this." Well, I do it and then send it back. Jack Butala: Yeah, you know I've done it both ways,
Person Specific Offers to Buyers are Best Jack Butala: Person Specific Offers to Buyers are Best. Leave us your feedback for this podcast on iTunes and get the free ebook at landacademy.com, you don't even have to read it. Thanks for listening. Jack Butala: We talk to Jill DeWit Jill DeWit: Hi. Jack Butala: Welcome to our show today and this episode Jill and I talk about person-specific offers to buyers and why they're the best. Person-specific offers, hmm. This is one of the reasons why we are so successful at this and as well as our members. Awesome show, Jill. Before we get into it, let's take a question posted by one of our members on landacademy.com online community. It's free! Jill DeWit: Okay, so, Eric asked: I have a question on dealing with JTROS, which is joint tenants with rights of survivorship, vesting where one owner is deceased. When I create the new deed from the remaining owner to myself, who is the grantor? Just the surviving owner or do I somehow need to have both of these original owners on the new deed as grantors? This is such a good question, I love it. Jack Butala: It really, really is. Jill DeWit: And I love the person that set it up correctly because that's why you do this. The joint tenants with rights of survivorship means that if someone should pass on instead of it going to, down the chain to heirs and all that, it's just the surviving member is now the sole owner. So, go for it Jack. Jack Butala: I mean, this is what I would do. There's some state requirements that are weird, but the vast majority of joint tenants works like this. So, the grantor would be something like Jack and Jill as joint tenants with rights of survivorship, period. That's it, ran residents of Arizona, maybe. But, let's just say it's Jack and Jill with joint tenants with right of survivorship. Jack passes on. Jill wants to convey the property to somebody new. That's it. Grantor's exactly the same as it was on the vesting deed. It's Jack and Jill as join-tenants. Jill is signing. Both people as joint-tenants have signing power to convey 100% of that property. So, are there some exceptions? Yeah. Always, always, always, if you're new at this and haven't worked in that county before, this is even what we do at this level. In a new county we call the county and make sure that we're doing it right before we send it all in. Is that how you would do it, Jill, or would you alter the grantor? Jill DeWit: You know, I think you're correct, but I would follow up with, and I've done this in the past, recording just in case, down the road, there's any question I have sent in and recorded in the past death certificates. Proving that. Jack Butala: Yeah, because some states, if it's not recorded in joint-tenants, you can still get away with doing that. If one person is deceased, the other person's a signer they can designate some stuff. So, yeah. [crosstalk 00:02:56] Jill DeWit: I may have been going above and beyond, but it's just an extra little insurance thing. Sometimes I do that. I've been known to go above and beyond. That way it's crystal clear it was all legitimate and nobody pulled a fast one on anybody, you know. Because what if it was joint-tenants and it's just like two brothers, let's just say, because the parents gave it to the two brothers. They're not married, they're not living together. They may not be getting along and I want to make sure everybody knows this is all legitimate. Jack Butala: Sure, that's a good point. Jill DeWit: It's really easy in this situation to get an original copy of the death certificate from who you're getting the property from. Once it's recorded, the county will send it right back to you. They just basically make a copy of it and return it to you. They don't keep it. And then I will then send it back to the original person saying "Hey I need to basically borrow this." Well, I do it and then send it back. Jack Butala: Yeah, you know I've done it both ways,
Recorded Live from the 94th floor of The Hancock Center on the heels of the Elder Law Masters Class in Chicago, Il. Trusts are great planning tools to plan for your family's future. They can be as simple or as complicated as we want to draft them but they all still have the same basic foundations. #theelderlawguy
Join Founder and CEO of Thompson & Associates, Eddie Thompson, as he speaks with President of Legal Services, Bill Gustoff, JD, FCEP, as they discuss a powerful, and under utilized, planning technique, called Charitable Lead Trusts. In this podcast, they will cover the following points, and more: 1. What is a Charitable Lead Trust (CLT)? 2. Do you have to be wealthy to setup a CLT? 3. Can you use the income out of a CLT to satisfy long-term capital campaign pledges? 4. What are different types of CLTs and how do they work? 5. What are Grantor and Non-Grantor trusts? 6. Are there any advantages in reducing, or avoiding, Generation Skipping Tax by using a CLT? 7. If an asset is in a CLT, can beneficiaries enjoy the growth? Or, are they liable for Capital Gains Tax? DEV – The Development (DEV) podcasts, hosted by Thompson & Associates CEO Eddie Thompson, share wisdom from some of the nation’s most seasoned professionals on a wide variety of fundraising-related topics. www.ceplan.com
HS 331 Video: Planning for Business Owners and Professionals
HS 331 Audio: Planning for Business Owners and Professionals
What is an irrevocable pure grantor trust, and why would someone want one? In this episode, David Zumpano, a nationally recognized expert on asset protection, estate planning & elder law, discusses with me this little-known (although widely used) trust – what it is, why we use it, and who it is for. In Part 1, you will learn: about the goal of helping a loved one to protect their autonomy why people end up in nursing homes (how failing to plan makes this more likely) why retirement isn't necessarily what you think it is why we want to engage in an asset protection strategy for financial security in our later years what is an irrevocable pure grantor trust, and how it differs from tax trusts and revocable living trusts the history of trusts and what they were traditionally used for (tax trusts – the “traditional” irrevocable trust – no access, no control, no right to benefit) how trusts evolved over time – becoming the revocable living trust why the change in the laws in 2001 significantly changed the tax planning landscape, and ultimately the estate planning landscape how traditional irrevocable trusts aren't relevant to 99.8% of the American population how the irrevocable pure grantor trust (iPug (TM)) was created as a result of these changes what makes it unique as a planning tool how the common law of the United States support this type of planning as a legitimate tool for asset protection Dave's Law Review Article – where he sets out the case for the trust via common law …in Part 2, we will discuss exactly who this is for, how it works, and more! We will also discuss the types of assets that may be placed in a trust such as this one, and the benefits of its flexibility and protection. About Dave Zumpano: Dave was born and raised in Central New York. He attended LeMoyne College and began his professional career with Price Waterhouse as a staff accountant. He graduated from Syracuse College of Law. He is the Founder and Senior Partner of the Estate Planning Law Center, David J. Zumpano CPA, Esq., with offices in New York and Florida. The Estate Planning Law Center serves as a “model law firm” to hundreds of law firms across the country. Dave's practice remains focused on estate planning and elder law. Dave has been featured in the Wall Street Journal and on National Public Radio for his expertise in Estate and Medicaid Planning. Dave has been a regular speaker and trainer on estate planning, asset protection, and Medicaid Planning to many national legal, banking, and financial institutions, including the National Academy of Elder Law Attorneys, National Network of Estate Planning Attorneys, American Academy of Estate Planning Attorneys, The American Association of Attorney-CPAs, Ohio State Bar Association, Elder Law Answers, WealthCounsel, LLC, Advisor's Forum, LLC, ElderCareUSA, Ameriprise Financial, Morgan Stanley Smith Barney, Merrill Lynch, Wells Fargo, HSBC, Bank of America, Prudential, Mass Mutual, AXA Advisors, and others. He has been featured on local, regional, and national newspapers, TV, and radio programs. In addition to his law firm, Dave is the Founder of the Medicaid Practice Network and Medicaid Practice Systems, LLC. Dave is Co-Founder of Lawyers with Purpose, LLC (LWP), an organization committed to ensuring people can die without emotional pain and lawyers can be respected and valued for the good they help create. Dave has educated thousands of attorneys all over the United States on Estate, Asset Protection, Medicaid Planning, and Business Development. Dave is the creator of an Estate and Asset Protection Law Practice System for attorneys which has been implemented by almost 1,000 law firms nationwide. Dave also serves as a Business Coach to hundreds of attorneys across the country. Dave is a graduate of the Esperti Peterson Institute for Advanced Wealth Strategies and has published Irrevocable Pure Grantor Trusts: The Estate Planning Landscape Has Changed. (Syracuse Law Review Vol. 1 Fall 2010), Medicaid Estate Recovery: A 50 State Analysis, and What Hard Work Giveth, the Nursing Home Taketh Away: Asset Preservation Under Medicaid (the Digest, 1994-95). Dave is also a contributing author to Giving: Philanthropy for Everyone, published October 2002. Dave's first priority and passion is his wife, Christine, and their children, Maria, Olivia, and Angelo.
...How Using An IPug (TM) Trust Is Like Putting Your Money in A Safe What is an Irrevocable Pure Grantor Trust, and why would you want one? In Part 1 of this 2-part series, national asset protection & elder law specialist/CPA/Attorney David J. Zumpano, co-Founder of Lawyers With Purpose LLC, explains the history of trusts, how they work, and why they work, based on the common law of the United States. In Part 2, Dave further explains how the trust actually works, who it is appropriate for, and how an irrevocable pure grantor trust fits in to a complete estate plan. To read the show notes, visit www.SmartPlanning101.com/20
Michael Seltzer, President of the New York Regional Association of Grantmakers (NYRAG) speaks about his personal experiences working with nonprofit organizations and public foundations in New York City and the relationships between grantors and grantees.
Bob Keebler and Barry Picker, LISI's Employee Benefits and Retirement Planning Newsletter's Technical Editor, discuss the issues with respect to transferring IRAs to a grantor trust. This Podcast is sponsored by Leimberg Information Services, Inc. at http://www.leimbergservices.com Please visit our software, books, and PowerPoint Presentations site at http://www.leimberg.com
Bob Keebler and Barry Picker, LISI's Employee Benefits and Retirement Planning Newsletter's Technical Editor, discuss the issues with respect to transferring IRAs to a grantor trust. This Podcast is sponsored by Leimberg Information Services, Inc. at http://www.leimbergservices.com Please visit our software, books, and PowerPoint Presentations site at http://www.leimberg.com
Bob Keebler and Barry Picker, LISI's Employee Benefits and Retirement Planning Newsletter's Technical Editor, discuss the issues with respect to transferring IRAs to a grantor trust. This Podcast is sponsored by Leimberg Information Services, Inc. at http://www.leimbergservices.com Please visit our software, books, and PowerPoint Presentations site at http://www.leimberg.com
Bob Keebler and Barry Picker, LISI's Employee Benefits and Retirement Planning Newsletter's Technical Editor, discuss the issues with respect to transferring IRAs to a grantor trust. This Podcast is sponsored by Leimberg Information Services, Inc. at http://www.leimbergservices.com Please visit our software, books, and PowerPoint Presentations site at http://www.leimberg.com
Spiritual constipation, Satan's force, Man-created governments, Swearing allegiance, What is a "Republic"?, Churches in early America, The spirit in today's churches, How to start a church, self-government, Stones of the altar, Burnt offerings, Responsibilities of a Minister, Guidelines of His Holy Church (11-20), Christ is overseer of His church, purpose = to return every man unto his possessions, Usury?, Recognition of ministers, no forced contributions, Waiving rights in society, Owing pharoah, Grantor gives up full control of gifts, When a minister dies, Inheritance tax, Ministers to consider requests of giver, Ministers to keep records, Who are "elders"?, Only recorse is withdrawal of recognition, May appeal withdrawal, Adding flesh to dry bones, Ministers may resign, Dissolving a non-maintainable altar, Governments that empower the people, Addressing the weightier matters in one accord, Returning to the ways of Christ.