What will happen to your assets when you die?

March 28, 2018

Peak Prosperity

In the same vein of our recent "news you can use" articles on umbrella insurance and the TreasuryDirect program, today we focus on two important (and under-utilized) estate planning tools: wills and living trusts.

Wills and living trusts make sense for those who are married, have children, own real estate, have financial or other material assets, and/or wish to influence how their estate is distributed after their death. I'm guessing the vast majority of folks reading this fall into at least one of these categories.

Yes, this is morbid territory to tread into. But it's important.

A few months ago, right after I published What Really Matters, a good friend died suddenly of a heart attack at age 42. There was no warning. He was a former college athlete, still-fit, and died on the basketball court during his weekly practice. He left behind a wife and three children, one with life-long special needs.

Fortunately, my friend was a lawyer, and had practiced what he preached professionally. He had put a well-constructed estate plan in place while alive (along with a healthy life insurance policy).

I saw first-hand the great benefits this gave his family upon his sudden passing. They were able to fully focus on dealing with their grief, as the estate plan largely took care of all the legal and financial details in the background.

If you've had an immediate family member or close friend pass away, you're likely aware of the tremendous number of tasks and decisions that need to be dealt with when someone dies. Aside from the obvious treatment of their remains and funerary arrangements, the deceased's estate needs to be settled.

This means an executor needs to be appointed who will manage the process, creditors need to be paid as will any estate taxes, heirs need to be identified and assets distributed among them (which in many cases requires selling/disposition of these assets first), care for minor children needs to be arranged, etc. This process is oftentimes managed by the state (i.e., slowly and often inefficiently).

This is an awful lot to put a surviving spouse through (assuming there is one) during a time of extreme grief. The same goes for children.

And this burden gets compounded if there's no estate plan in place. What assets did the deceased own? Where are they? Whom did he/she want to inherit them? All of these questions need to be answered during the estate settlement process.

Imagine trying to untangle all this right after your spouse, parent, sibling or friend has died. When you're already emotionally traumatized.

Now imagine that the heirs involved don't agree on how the estate should be divided, and infighting ensues. Relationships can easily get permanently damaged and money quickly drained should expensive lawyers get involved to contest the matter. The situation often gets very ugly, very quickly. (Click here for a sampling of horror stories resulting from when folks died without a will.)

Why risk putting your loved ones through this? Especially when it's so easily avoidable, and relatively inexpensive to do so?

Look, every one of us is going to die. That's the only rock-solid guarantee we're given during our time on Earth.

You've worked hard your whole life to take care of those important to you. Don't drop the ball on the 1-yard line. Take care of them in your death, too.

Wills & Living Trusts

The bedrock of a good estate plan involves a will and a living trust. I'll explain the role of each, the differences between the two, and the wisdom of having both.

NOTE: What follows is a summarization. While wills and living trusts are fairly simple conceptually, there are lots of special cases. Many of those are not addressed below so as not to prevent this article from becoming densely encyclopedic. Also, I am not a lawyer -- meaning: take this synopsis as education, not personal legal advice. If you want that, consult an estate lawyer.

OK, with that out of the way, let's proceed.

Will

Most folks are familiar with the concept of a will. Every murder mystery usually has a scene where the family gathers at the lawyer's office to hear the reading of the late victim's will: "Being of sound mind, I hereby bequeath to my nephew, Chauncey, my collection of rare Amazonian butterflies..."

Simply put, a will is a legal document that specifies:

how you want your assets distributed upon your death,

whom you grant the power to oversee that distribution (i.e., your "executor"), and

whom you want to have guardianship of your minor children, should there be any

Sounds like something every responsible adult should have, right? I agree.

But amazingly, 63% of US adults do not have a will. And an additional 9% have a will that's no longer up to date. Even among the more affluent, 45% do not have a will.

So those ugly issues I mentioned above of what can happen when you die without a will? They're very real and actually happen a lot.

Which is criminal, as a will is a straightforward document that shouldn't cost you more than a few hundred dollars (at most) and a few days to create (I'll give more specifics on the will creation process in Part 2). There really aren't any good reasons why the vast majority of us, especially those with minor children, shouldn't have one.

The key downside to note with a will is that it's subject to probate. Probate is the judicial process that determines the validity of the deceased's will. None of the instructions laid out in your will can be undertaken until a court accepts its validity and "grants probate" to your specified executor.

Probate isn't much fun. It takes time: typically a few months, but it can last years in certain cases. It can be costly: expect to pay somewhere between 3-8% of your estate's assets in combined attorney, court and other fees.

Probate can be challenging for real estate, especially investment properties. Until these assets have passed probate, your heirs (including your spouse) cannot manage or dispose of them. They're locked in limbo, which can get quite inconvenient if the probate period stretches for many months or years.

It's also a public process. During the probate period, your will is made available upon request to anyone who asks for it. So the details of your estate and your disposition wishes are not kept private. And your will can be challenged in court during this time by anyone who feels they have a valid claim on your assets.

Which brings us to Living Trusts...

Living Trusts

A trust is a legal arrangement in which one or more people manage or take care of property for someone else's benefit.

There are several major benefits you can enjoy by placing your assets into a trust to manage them while you're alive (that's why it's called a "living" trust). One of them is avoiding probate upon your death.

Once your assets have been placed inside a living trust, they're managed by its Trustees on behalf of clearly-specified Beneficiaries. So with ownership transfer, executorship and distribution are already worked out -- the probate court doesn't need to get involved.

For most couples, this allows the surviving partner to retain seamless control of all Trust assets after the other dies. The assets don't go through the probate process, there are far less fees involved, and the process is private. (The estate still can be contested, though. But the details of the estate's assets don't have to be made available to the public upon request.)

Avoiding probate is just one of the advantages offered by living trusts.

Another big one is (potentially) reducing estate taxes. I'll spare you the wonky details for now, but there are ways for your trust to take advantage of deductions and credits that may materially reduce the estate tax liability on your wealth after you and/or your surviving spouse die. Any estate lawyer or tax accountant worth their salt can walk you through the details.

Your living trust will also enable you to control how your assets flow to your heirs. If you have minor children, most states won't let them own property directly while they're 17 or younger. And if you're passing along a substantial amount of wealth, giving it to all to them at age 18 in a lump sum is a bad idea (unless you want the inheritance squandered in an epic blast of debauchery).

Via your trust, you can specify how you want your assets (and any associated income from them) to be meted out to each heir over time -- based on age milestones, financial need, use (e.g., education), mental competency, or any other conditions important to you.

Similarly, a living trust is helpful in keeping your assets managed the way you want should you become incapacitated (i.e., still living, but not able to mentally or physically manage your affairs). For many of us, living too long may become the bigger risk to our estate vs dying too soon.

Last, the most common form of living Trust is amendable throughout your life. You can change it at anytime, as often as you like. Or you can dissolve it altogether. The bottom line is, you're in full control over everything while you're alive (and mentally competent).

Getting Started

OK, as a refresher:

A will is a good idea for pretty much everyone. But it's especially important for people with minor children. A trust does not specify legal guardianship in the event of your death. Only a will does that.

A living trust makes sense for anyone with assets and heirs (especially your spouse) they want to pass their wealth along to. Some experts say living trusts make sense if you expect your estate to be worth over $150,000; others go as low as $20,000.

The cost to set these up is pretty trivial compared to the huge benefits they can offer your loved ones. A will costs a few hundred bucks (or less) to set up and can be completed in a matter of days (or less). A living trust will range between several hundred and a few thousand dollars, depending on how sizable/complicated your estate is.

In Part 2: A Primer On The Essentials For Your Will & Living Trust, we walk through in detail the principal legal elements that your will and living trust should address. This includes specific clauses your documents should contain (unless advised otherwise by a professional), as well as helpful context for the most common decisions folks will face when creating/updating these legal vehicles.

If you don't yet have a will and/or a living trust, or it's been a while since you've reviewed the ones you have, read on. Your loved ones will be glad you did.

Click here to read Part 2 of this report (free executive summary, enrollment required for full access)

Media cover-up: Why Clinton deported six times more than Trump

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MSNBC and CNN want you to think the president is a new Hitler launching another Holocaust. But the actual deportation numbers are nowhere near what they claim.

Former MSNBC host Chris Matthews, in an interview with CNN’s Jim Acosta, compared Trump’s immigration policies to Adolf Hitler’s Holocaust. He claimed that Hitler didn’t bother with German law — he just hauled people off to death camps in Poland and Hungary. Apparently, that’s what Trump is doing now by deporting MS-13 gang members to El Salvador.

Symone Sanders took it a step further. The MSNBC host suggested that deporting gang-affiliated noncitizens is simply the first step toward deporting black Americans. I’ll wait while you try to do that math.

The debate is about control — weaponizing the courts, twisting language, and using moral panic to silence dissent.

Media mouthpieces like Sanders and Matthews are just the latest examples of the left’s Pavlovian tribalism when it comes to Trump and immigration. Just say the word “Trump,” and people froth at the mouth before they even hear the sentence. While the media cries “Hitler,” the numbers say otherwise. And numbers don’t lie — the narrative does.

Numbers don’t lie

The real “deporter in chief” isn’t Trump. It was President Bill Clinton, who sent back 12.3 million people during his presidency — 11.4 million returns and nearly 900,000 formal removals. President George W. Bush, likewise, presided over 10.3 million deportations — 8.3 million returns and two million removals. Even President Barack Obama, the progressive darling, oversaw 5.5 million deportations, including more than three million formal removals.

So how does Donald Trump stack up? Between 2017 and 2021, Trump deported somewhere between 1.5 million and two million people — dramatically fewer than Obama, Bush, or Clinton. In his current term so far, Trump has deported between 100,000 and 138,000 people. Yes, that’s assertive for a first term — but it's still fewer than Biden was deporting toward the end of his presidency.

The numbers simply don’t support the hysteria.

Who's the “dictator” here? Trump is deporting fewer people, with more legal oversight, and still being compared to history’s most reviled tyrant. Apparently, sending MS-13 gang members — violent criminals — back to their country of origin is now equivalent to genocide.

It’s not about immigration

This debate stopped being about immigration a long time ago. It’s now about control — about weaponizing the courts, twisting language, and using moral panic to silence dissent. It’s about turning Donald Trump into the villain of every story, facts be damned.

If the numbers mattered, we’d be having a very different national conversation. We’d be asking why Bill Clinton deported six times as many people as Trump and never got labeled a fascist. We’d be questioning why Barack Obama’s record-setting removals didn’t spark cries of ethnic cleansing. And we’d be wondering why Trump, whose enforcement was relatively modest by comparison, triggered lawsuits, media hysteria, and endless Nazi analogies.

But facts don’t drive this narrative. The villain does. And in this script, Trump plays the villain — even when he does far less than the so-called heroes who came before him.

This article originally appeared on TheBlaze.com.

Can Trump stop the blackouts that threaten America's future?

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If America wants to remain a global leader in the coming decades, we need more energy fast.

It's no secret that Glenn is an advocate for the safe and ethical use of AI, not because he wants it, but because he knows it’s coming whether we like it or not. Our only option is to shape AI on our terms, not those of our adversaries. America has to win the AI Race if we want to maintain our stability and security, and to do that, we need more energy.

AI demands dozens—if not hundreds—of new server farms, each requiring vast amounts of electricity. The problem is, America lacks the power plants to generate the required electricity, nor do we have a power grid capable of handling the added load. We must overcome these hurdles quickly to outpace China and other foreign competitors.

Outdated Power Grid

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Our power grid is ancient, slowly buckling under the stress of our modern machines. AAI’s energy demands could collapse it without a major upgrade. The last significant overhaul occurred under FDR nearly a century ago, when he connected rural America to electricity. Since then, we’ve patched the system piecemeal, but it’s still the same grid from the 1930s. Over 70 percent of the powerlines are 30 years old or older, and circuit breakers and other vital components are in similar condition. Most people wouldn't trust a dishwasher that was 30 years old, and yet much of our grid relies on technology from the era of VHS tapes.

Upgrading the grid would prevent cascading failures, rolling blackouts, and even EMP attacks. It would also enable new AI server farms while ensuring reliable power for all.

A Need for Energy

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Earlier this month, former Google CEO Eric Schmidt appeared before Congress as part of an AI panel and claimed that by 2030, the U.S. will need to add 96 gigawatts to our national power production to meet AI-driven demand. While some experts question this figure, the message is clear: We must rapidly expand power production. But where will this energy come from?

As much as eco nuts would love to power the world with sunshine and rainbows, we need a much more reliable and significantly more efficient power source if we want to meet our electricity goals. Nuclear power—efficient, powerful, and clean—is the answer. It’s time to shed outdated fears of atomic energy and embrace the superior electricity source. Building and maintaining new nuclear plants, along with upgraded infrastructure, would create thousands of high-paying American jobs. Nuclear energy will fuel AI, boost the economy, and modernize America’s decaying infrastructure.

A Bold Step into the Future

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This is President Trump’s chance to leave a historic mark on America, restoring our role as global leaders and innovators. Just as FDR’s power grid and plants made America the dominant force of the 20th century, Trump could upgrade our infrastructure to secure dominance in the 21st century. Visionary leadership must cut red tape and spark excitement in the industry. This is how Trump can make America great again.

POLL: Is K2-18b proof of alien LIFE in the cosmos?

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Are we alone in the universe?

It's no secret that Glenn keeps one eye on the cosmos, searching for any signs of ET. Late last week, a team of astronomers at the University of Cambridge made an exciting discovery that could change how we view the universe. The astronomers were monitoring a distant planet, K2-18b, when the James Webb Space Telescope detected dimethyl sulfide and dimethyl disulfide, two atmospheric gases believed only to be generated by living organisms. The planet, which is just over two and a half times larger than Earth, orbits within the "habitable zone" of its star, meaning the presence of liquid water on its surface is possible, further supporting the possibility that life exists on this distant world.

Unfortunately, humans won't be able to visit K2-18b to see for ourselves anytime soon, as the planet is about 124 light-years from Earth. This means that even if we had rockets that could travel at the speed of light, it would still take 124 years to reach the potentially verdant planet. Even if humans made the long trek to K2-18b, they would be faced with an even more intense challenge upon arrival: Gravity. Assuming K2-18b has a similar density to Earth, its increased size would also mean it would have increased gravity, two and a half times as much gravity, to be exact. This would make it very difficult, if not impossible, for humans to live or explore the surface without serious technological support. But who knows, give Elon Musk and SpaceX a few years, and we might be ready to seek out new life (and maybe even new civilizations).

But Glenn wants to know what you think. Could K2-18b harbor life on its distant surface? Could alien astronomers be peering back at us from across the cosmos? Would you be willing to boldly go where no man has gone before? Let us know in the poll below:

Could there be life on K2-18b?

Could there be an alien civilization thriving on K2-18b?

Will humans develop the technology to one day explore distant worlds?

Would you sign up for a trip to an alien world?

Is K2-18b just another cold rock in space?

Big Pharma’s role in rising neurological disorders: Will RFK Jr. uncover the truth?

Anna Moneymaker / Staff | Getty Images

Our children are sick, and Big Pharma claims to be the cure, but is RFK Jr. closer to proving they are the disease?

For years, neurological disorders in our children have been on the rise. One in nine children in the U.S. has been diagnosed with ADHD, and between 2016 and 2022, more than one million kids were told they suffer from the disorder. Similarly, autism diagnoses have increased by 175 percent over the past decade. RFK Jr. pledged to investigate the rising rates of neurological disorders as Secretary of Health and Human Services, and this week, he announced a major initiative.

Earlier this week, RFK Jr. announced that the HHS has embarked on a massive testing and research effort to uncover the root causes of autism and the sharp spike in recent diagnoses. The HHS Secretary vowed that the results will be available by September of this year, leaving many skeptical about the study's rigor. Conversely, some speculate that the HHS may have unpublished studies revealing critical insights into these disorders, just waiting to see the light of day.

Glenn brought up a recent article by the Daily Wire referencing a New York Times piece in which experts questioned the legitimacy of ADHD diagnoses. Glenn agreed and suggested that people are just wired differently; they learn, work, and study differently, and the cookie-cutter, one-size-fits-all school system simply fails to accommodate everyone.

New York Times' ADHD Admission

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Earlier this week, the New York Times published an article that made a shocking admission: there are no concrete biological markers for ADHD. The clinical definition of ADHD is no longer supported by the evidence, and there are no physical, genetic, or chemical identifiers for the disorder, nor is there any real way to test for it. The paper also admitted that people diagnosed with ADHD would suddenly find that they no longer had any symptoms after a change of environment, profession, or field of study. This suggests that "ADHD" might simply be a matter of interests and skills, not a chronic brain sickness.

The most horrifying implication of this admission is that millions of people, including children, have been prescribed heavy mind-altering drugs for years for a disorder that lacks real evidence of its very existence. These drugs are serious business and include products such as Adderall, Ritalin, and Desoxyn. All of these drugs are considered "Schedule II," which is a drug classification that puts them on the same level as cocaine, PCP, and fentanyl. Notably, Desoxyn is chemically identical to methamphetamine, differing only in its production in regulated laboratories rather than illegal settings.

Worse yet, studies show that these medications, like Desoxyn, often provide no long-term benefits. Testing demonstrated that in the short term, there were some positive effects, but after 36 months, there was no discernible difference in symptoms between people who were medicated and those who were not. For decades, we have been giving our children hardcore drugs with no evidence of them working or even that the disorder exists.

RFK Jr's Autism Study

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Autism rates are on the rise, and RFK Jr. is going to get to the bottom of it. In the year 2000, approximately one in 150 children was diagnosed with autism, but only 20 years later, the rate had increased to one in 36. While some claim that this is simply due to more accurate testing, RFK Jr. doesn't buy it and is determined to discover what is the underlying cause. He is an outspoken critic of vaccines, asserting that the true scope of their side effects has been buried by greed and corruption to sell more vaccines.

RFK Jr. doesn't plan on stopping at vaccines. Similar to ADHD, RFK Jr. suspects other environmental factors could increase of autism or exacerbate symptoms. Factors like diet, water quality, air pollution, and parenting approaches are all under investigation. It's time to bring clarity to the neurological disorders that plague our nation, cut through the corruption, and reveal the healing truth.

Neurological Intervention

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Big Pharma has been all too happy to sit back and watch as the rate of neurological disorders climbs, adding to the ever-growing list of permanent patients who are led to believe that their only choice is to shell out endless money for treatments, prescriptions, and doctor visits. Rather than encouraging lifestyle changes to improve our well-being, they push ongoing medication and costly treatments.

All RFK Jr. is doing is asking questions, and yet the backlash from the "experts" is so immense that one can't help but wonder what they could be hiding. Both Glenn and RFK Jr. have their suspicions of Big Pharma, and the upcoming HHS study might be one of the most important steps to making America healthy again.

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