Main Street Business Podcast: Importance of Living Trusts

Jul 8, 2024

Main Street Business Podcast: Importance of Living Trusts

Introduction

  • Host: Mark Koher (CPA, Attorney, Bestselling Author, Entrepreneur, Real Estate Investor)
  • Economic challenges: inflation, high-interest rates
  • Aim: Share wealth-building, tax-saving, and business growth strategies

What is a Living Trust?

  • Agreement declaring your assets
  • Trust owns the assets; helps in case something happens to you
  • Maintains privacy, avoids probate
  • No extra tax return or maintenance costs during lifetime
  • Can creatively distribute assets post-death
  • Accompanies wills, powers of attorney, asset lists, and other important documents
  • Can include provisions for pets, digital assets, crypto, etc.

Seven Reasons Why You Need a Living Trust

  1. Own Real Estate
    • Avoids probate for property distribution
    • Includes both home and rental property
  2. Have Children
    • Control distribution of assets to minors
    • Avoids giving large sums to young children directly
  3. Own a Business
    • Ensures business continuity and asset management
  4. Have Retirement Accounts
    • Adds provisions for how and when funds are distributed
  5. Have Life Insurance
    • Managed distribution of life insurance benefits
    • Protects assets designated for special purposes
  6. Have Investments or Cryptocurrency
    • Organizes and secures digital and traditional investments
  7. Older Age
    • Provides management of assets and care instructions in case of incapacity

Trust Components and Implementation

  • Should own all major assets including home, investments, business entities, insurance, and retirement accounts
  • Operates without additional tax filings unless specified
  • Allows for significant flexibility and changes

Event Promotion

  • Tax and Legal 360 Workshop
    • Dates: June 6th, Salt Lake City
    • 3-day event with breakout sessions, networking, and education
    • Focus on business owners and professionals
    • Special codes for discounts available

Q&A Session Highlights

  • Tax and Trusts: A revocable living trust doesn’t pay taxes; irrevocable trusts have higher tax rates.
  • Investment Comparisons: Real estate is typically more profitable and flexible than REITs and dividend stocks.
  • Joint vs. Separate Trusts: Most couples use joint trusts; separate trusts are for prenup or complex protection needs.
  • Self-Directing Retirement Accounts: Avoid prohibited transactions involving companies you control.
  • Medicaid Trusts: Controversial strategy; Medicaid-funded care has significant drawbacks.
  • Max Funded Tax Advantage Insurance: Same principles as whole life insurance; ensure other priorities are met first.
  • Multiple Businesses: Parent S corp owning multiple LLCs is often preferred for organization and protection.
  • Coverdell Accounts: Can change beneficiaries (e.g., future children), self-direct for higher returns.

Call to Action

  • Visit kkoslawyers.com to set up an estate plan
  • Sign up for the event in Salt Lake City for more wealth-building info

Keep living the dream!