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How to Keep Death From Creating a Tax Mess
Mark J Kohler · Watch on YouTube · Generated with SnapSummary · 2026-07-06

00:00 Are you leaving your spouse a mess

00:01 [music]

00:01 and no plan? You're a man, there's a 72%

00:05 chance greater [music] you're going to

00:07 die before your spouse. Your tax

00:09 brackets are shifting dramatically. That

00:11 400,000 of income you can have and still

00:14 be the 24% bracket is going to go down

00:16 to only [music] 200,000 of income. And

00:18 once you get over that 24, you're going

00:20 to 32. If you screw up, you're going to

00:22 be sending way more money to the IRS

00:24 [music] than you had to. Differences

00:26 here is astronomical.

00:27 >> And this affects every one of you

00:29 listening.

00:36 Welcome everyone to the Main Street

00:37 Business Podcast. This is Matt Sorenson

00:39 joined by the incredible Mark J. Kohler

00:41 and today is a critical podcast and

00:44 topic. We're talking about how to avoid

00:47 the penalties when you die.

00:50 Yeah, and there's there's different

00:51 taxes and penalties that affect

00:54 everyone. And many people don't know

00:56 that. And this is a this is a podcast

00:58 we've never held before. A lot of times

01:00 we're going to talk about topics that

01:01 we've covered years in the

01:03 years ago and we want to refresh it,

01:07 bring it current. But this is a topic we

01:09 really don't talk about a lot and that's

01:11 when you die, married or single, what

01:14 are the penalties and taxes you could

01:17 face if you don't do a just a little bit

01:20 of

01:21 pre-planning. There's really a lot of

01:22 things you can do and we're going to go

01:24 through four of them today.

01:26 Yeah, and I think everybody jokes about,

01:28 you know, what are the two things are

01:29 never one, death and taxes. But here's

01:31 one of the things people don't talk

01:32 about with death and taxes, is it is an

01:35 incredible planning opportunity and it

01:38 is one that if you screw up, you're

01:40 going to be sending way more money to

01:42 the IRS than you had to and it's not

01:44 just about the estate tax. So many

01:47 things around this. The most common

01:49 assets you're going to own we're going

01:50 to be talking about. Retirement

01:52 accounts, brokerage accounts, real

01:54 estate, your home. How is this stuff

01:57 being held? Have you planned for this?

01:59 How is it getting passed down? The

02:01 differences here is astronomical in what

02:04 your family's going to get to keep

02:06 versus what you're going to be sending

02:07 to the IRS and possibly your state.

02:09 Yeah, and this for for those of you that

02:11 are married, are you leaving your spouse

02:13 a mess and no plan? And that's what it

02:16 really comes down to as well. Because

02:18 you think, "Well, I'm going to we you

02:19 know, everything I have is going to go

02:21 to my spouse anyway. There's no you

02:23 know, I can leave unlimited money to my

02:24 spouse tax-free." Oh,

02:26 we've got some surprises for you today.

02:28 And you know what, Matt? I love what you

02:29 said. You cannot avoid death and taxes.

02:32 Yeah, but you can avoid death, but you

02:34 can avoid death taxes.

02:36 Huh? Huh? You like that? I like that.

02:38 >> Okay.

02:39 Yeah. And here looks

02:40 All right. Here is Matt, let me just

02:42 present the

02:43 three of the four because they're

02:45 interconnected. So, everybody if you're

02:48 hear the me out. This is really

02:50 interesting.

02:51 One,

02:53 if you're married

02:54 and you're at retirement age after 59

02:57 and a half, 60, 62, 65, everybody's

03:00 claiming social security somewhere in

03:01 there depending on your situation.

03:03 If both of you and you could be thinking

03:05 of mom and dad right now, if you're

03:07 in middle mid-life and you're helping

03:09 support mom and dad and guide them or

03:12 planning for the future yourself,

03:13 thinking about this. You're getting

03:15 you're going to get there.

03:16 Yeah, yeah.

03:17 If you're

03:18 if you're both collecting social

03:20 security, when the one spouse dies,

03:23 that's going to get cut in half.

03:25 Now, the surviving spouse is going to

03:26 have choices. They could take the

03:27 survivor's benefit of social security or

03:29 stick with what social security they

03:31 were getting before their spouse died.

03:33 They're going to take the higher of the

03:34 two. Yeah, you don't get both.

03:38 You can't take both. Yeah, yeah. Yeah.

03:40 Can't take both. So,

03:42 you're going to have

03:44 reduced income. Now, what that means,

03:46 we're going to come back to this, where

03:48 is that surviving spouse going to get

03:49 that extra income?

03:51 They're going to go to the retirement

03:52 accounts. They're going to start pulling

03:54 out of an IRA or hopefully a Roth.

03:57 And how are they going to deal with

03:57 that?

03:58 And so the third So, we're going to talk

04:00 about what tax bracket are you in

04:03 after your spouse dies and in the year

04:05 they die.

04:07 And then third, how much money do you

04:09 have in a Roth position? Because I'll

04:12 tell you, when you're going to make up

04:13 that Social Security, you're going to

04:14 want to go pull it from a tax-free ATM,

04:17 not a taxable ATM. So, those are the

04:19 three penalties and Matt, I want you to

04:21 start unpacking them in the order you

04:23 would like, but I want everybody to know

04:25 and we got a fourth out here. But, the

04:27 first three are Social Security is going

04:29 to go down.

04:30 Retirement distributions are going to go

04:32 up.

04:34 And what bracket are you in tax-wise?

04:37 They all play together. Yeah, and we

04:39 want to talk about your other assets as

04:42 well.

04:43 Your home, your investment accounts. How

04:45 are you titling and owning those? Cuz

04:48 this gets into stepped-up basis and are

04:50 you both on title? Is one of you on

04:52 title? There's different strategic ways

04:54 you want to do that. Do we have one

04:56 trust, separate trusts? Are we in a

04:58 community property state or not? We're

05:00 going to unpack that. So, you know the

05:01 direction that will make sense for you

05:02 cuz there's some strategic decisions.

05:04 >> Yeah, okay. [laughter]

05:05 I'm just saying there's more we're going

05:07 to hit here. I want to say one thing,

05:08 too. We're going to dig into what Mark

05:10 the setup there, but

05:12 sorry, I want to digress for one moment.

05:14 Remember, the estate tax exemption is

05:17 You call it the death tax, the estate

05:19 tax, whatever you like, is 15 million

05:22 single, 30 million for a married couple.

05:25 All right? So, we're not hitting that.

05:27 That's

05:28 >> Yeah. If you're over that,

05:30 bless you. You're going to be needing

05:31 consults with attorneys, tax lawyers,

05:33 estate planning. You should have your

05:34 stuff dialed in. We're helping clients

05:36 with that every day at our law firm KKOS

05:37 Lawyers.

05:38 Let's get to the next level below that.

05:40 Whether you're you're not even hitting

05:42 that level or even at that threshold, we

05:43 want to hit some of these other points

05:45 that are critical. They'll eat in to the

05:47 money you've built up over this time.

05:50 And you want to keep as much of it as

05:51 possible to have a retirement you're

05:52 looking forward to. All right. We're

05:54 talking about Joe and Jane Sixpack,

05:56 absolutely. All of you are affected by

05:58 this. And and let me say this, let me

06:01 kick it off with this, Matt, cuz I think

06:02 this is the crux.

06:04 In the day your spouse dies, now number

06:06 four, we're going to talk about titling

06:08 assets and are you are we dealing with

06:11 grandpa or grandma that are widows or

06:13 widowers? We're going to

06:15 We're going to come to that, but here's

06:17 the big issue. If you're married, the

06:19 year you die,

06:21 your surviving spouse gets to claim the

06:23 same tax bracket as married filing

06:26 joint. So, if your spouse dies in March,

06:29 even when you file your tax return at

06:31 the end of the year, you get to claim

06:32 the whole year as married filing joint.

06:35 Now,

06:36 the tax bracket that is just perfect for

06:38 Roth conversions, and this is Matt

06:40 Matt's creme de la creme that I'm

06:42 setting it up for him here to talk

06:43 about, is [snorts] the 24% tax bracket.

06:46 That is my favorite tax bracket because

06:48 at 24% a married couple can convert Roth

06:52 money to Roth up to $400,000.

06:56 But the year after your spouse dies,

06:58 that's cut in half. Your tax bracket

07:00 goes down to 200 grand. So, if you know

07:03 that's the case, and remember we got to

07:05 make up for Social Security, we want to

07:07 go to our those retirement accounts,

07:08 wouldn't you rather have more money in

07:10 Roth? So, you're in a sweet spot at that

07:13 $400,000

07:14 tax bracket level, and you either got to

07:16 start taking advantage of it now

07:19 or when your spouse dies in that year.

07:21 And that's

07:23 where this all leads. All roads lead to

07:25 that Roth. And Matt, you love Roth

07:26 world. Yeah, yeah, of course. I know I

07:29 love a good Roth conversion. We love

07:30 getting that money so it is going to

07:32 grow and come out tax-free. I want to

07:34 come back to your kids that inheriting

07:36 from you. Another kicker and additional

07:38 benefit on top of that. But let's just

07:40 stay in the year your spouse passes

07:42 away. You're going to be dealing with a

07:43 lot, all right, obviously.

07:46 One of the things you got to start

07:48 getting your head around is what am I

07:50 doing with my retirement accounts?

07:52 There is $50 trillion in US retirement

07:55 accounts. It is what many Americans are

07:57 planning on living on in retirement. You

07:59 may already be living on it or planning

08:00 to in your future. So, if you have

08:03 traditional accounts,

08:05 any of it has traditional accounts, the

08:07 year your spouse passes away, you want

08:09 to be considering Roth converting those

08:11 assets for that primary reason Mark

08:13 talked about. Your tax brackets are

08:16 shifting dramatically.

08:18 That 400,000 of income you can have and

08:21 still be in the 24% bracket is going to

08:23 go down to only 200,000 of income with

08:26 the 24% bracket.

08:28 So, and once you get over that 24,

08:30 you're going to 32. It's not just 22 to

08:33 24, it's 24 to 32.

08:36 All right? So, this is an ideal time.

08:38 Maybe you are at, let's say, 200 grand.

08:42 And and that's what you're going to have

08:43 that year in taxable income from

08:45 everything else you got going on, you

08:47 can convert a whole another 200,000 of

08:49 income up to 400,000 that year to Roth,

08:54 and you'll have no additional tax.

08:56 You'll still be at the 24%, but no

08:58 additional tax. You're staying in that

09:00 bracket. Next year, your 200 grand of

09:02 income, you want to do some Roth

09:03 conversions?

09:05 Oh, you're in the single bracket now.

09:08 Your rate's going higher. Totally. And

09:11 what I want to So, now some of you are

09:12 going, "Okay, this is a little

09:14 information overload. I didn't even know

09:16 of that this strategy could benefit me

09:19 because you don't have to be rich to do

09:21 this. You may have an old 401k laying

09:23 around. Your spouse is going to pay tax

09:25 on that where at a higher tax bracket.

09:28 So, maybe we rip the band-aid off now

09:30 and get rid of some of that tax at a

09:32 much much lower bracket because you know

09:34 of this change in the security and and

09:37 the other income you're going to have to

09:38 take. And this is where estate planning

09:41 now matters.

09:43 We We When we meet with the client to

09:46 talk about their trust, a plain old

09:48 joint revocable living trust, we're

09:50 going to ask, "What are your assets?

09:52 What real estate do you have? What

09:54 businesses do you have? How much is in

09:56 retirement accounts? What is it going to

09:58 look like when you pass away?" And we've

10:00 got to fund this trust. We've got to

10:02 make sure that owns the property and all

10:04 the retirement accounts and insurance

10:05 and everything goes to the right spot.

10:08 And so,

10:09 some of you half of America does not

10:11 have even a will or a trust. So, this is

10:14 a good wake-up call to say, "You know

10:16 what? I got to get my estate plan done.

10:18 And when I have that meeting, I'm going

10:20 to talk about this."

10:21 Cuz the more pre-planning you can do,

10:23 the

10:24 thousands, if not millions in long-term

10:27 income you can save.

10:29 Yeah, and I think this is just one of

10:30 multiple moves we want to talk about to

10:32 be thinking of when your spouse passes

10:35 away. Now, if you're the surviving

10:37 spouse,

10:39 there's other considerations here. We'll

10:41 We'll hit on some of those, but when

10:43 you're the second to die from a married

10:44 couple, other considerations here. But,

10:47 that first one, the change from being a

10:49 married to filing

10:50 married filing joint to single bracket,

10:53 prime opportunity, as Mark said, in the

10:55 year of death, you get the married

10:56 bracket for the whole year. So, it gives

10:58 you some opportunity to do some of this

11:00 planning. Think of Roth conversions,

11:02 getting those traditional accounts to

11:04 come over to Roth. Think about this

11:05 another way.

11:07 Let's say

11:08 that I convert that Let's just take that

11:10 example of 200 grand to Roth.

11:13 Let's say I can get a 8% return on that.

11:17 What that means is in 9 years, that

11:20 200,000 account doubles and is 400

11:22 grand.

11:23 Now, when I'm pulling that 400 grand

11:24 out, that's totally tax-free.

11:27 But, if I didn't do that, that would and

11:29 I left that state traditional and still

11:30 grow to the 200,000 or 400,000 account.

11:34 I'm paying taxes on that traditional

11:36 rates and that's going to be painful

11:38 later on when you would have had this

11:39 opportunity maybe convert at a lower

11:40 rate.

11:42 Another sneaky strategy that we talk

11:44 about when we do estate planning is

11:46 people will say, we'll ask them, do you

11:49 want to give money to a charity when you

11:51 pass away?

11:52 And you may say, yeah, we got this life

11:54 insurance over here. We've got this

11:56 asset or whatever. And if either one of

11:59 us dies,

12:00 yeah, we've thought about giving a

12:01 little bit money to an endowment or a

12:03 charity or our school or alma mater,

12:05 whatever. Is it alma or alma mater? Alma

12:07 alma mater? You know, tomato, tomato,

12:10 you know.

12:10 >> Tomato, tomato. So, you want to give

12:12 money to charity. So, in your estate

12:14 plan, think about this.

12:15 The first spouse passes away in that

12:18 year when you're in a lower tax bracket

12:21 before going single,

12:22 if you gave more money to charity out of

12:24 the estate, that surviving surviving

12:27 spouse gets the tax deduction for that.

12:29 Now, we're offsetting more Roth

12:32 conversion. So, in the year where you

12:34 have cuz it's true, when your spouse

12:36 passes away, there's going to be a

12:38 little bit of windfall of income and

12:41 assets that have to be dealt with. Well,

12:43 you want to jump on that and say, okay,

12:45 we're going to pre-plan to give money to

12:47 charity. We're going to convert that old

12:49 401k to Roth, take advantage of the

12:51 lower bracket and offset some of the tax

12:54 with Roth with the charity so we can

12:56 convert more to Roth because we know

12:58 that Roth is going to take care of mom.

13:01 And if you're

13:02 a man, there's a 72% chance greater

13:06 you're going to die before your spouse.

13:08 So, you can need to be thinking, what am

13:09 I going to leave my spouse? A mess or a

13:12 plan?

13:13 Yeah.

13:15 Love that. Great additional points

13:17 there.

13:18 Um let me hit one other point and sorry,

13:20 Mark and I can volley on this forever.

13:22 But, before you get to the next thing, I

13:23 just want to hit one on the retirement

13:24 accounts.

13:26 I I know we're all always thinking about

13:28 optimizing for ourselves and obviously

13:30 our spouse if you have one, right? We're

13:33 thinking of these assets that we've had

13:34 that we've built over time

13:36 and

13:38 we talked about that little strategy of

13:39 getting the Roth conversion.

13:42 The number one asset you can leave to

13:45 your kids

13:46 is a Roth IRA.

13:48 There is no more powerful asset your

13:50 kids can get. I know they can inherit

13:52 like some real estate and get a step-up

13:54 in basis or a stock portfolio. Yeah,

13:57 when they get that, any future

13:58 appreciation of that asset, the stock in

14:01 a brokerage account, the real estate,

14:04 the business that got passed on, any

14:05 future appreciation that they have in

14:07 that asset, they're paying taxes on. But

14:09 the Roth IRA,

14:11 they inherit that, that money can come

14:13 out tax-free whenever they want, but

14:15 they can also invest it for another 10

14:17 years.

14:18 That Roth IRA, which can be inherited to

14:21 them as an inherited Roth IRA, they can

14:24 invest it for another 10 years. Again,

14:25 go back to that 8% annual return, they

14:28 can double that account entirely

14:31 tax-free benefiting them and their

14:33 future retirement. So, it that not only

14:36 is that Roth conversion help you in your

14:38 tax planning as you're drawing that

14:39 money out, what you leave in it that

14:41 your kids inherit is the most valuable

14:43 asset that you could leave them, period.

14:45 Yep. Okay, now I want to summarize our

14:48 three penalties that we've talked about

14:51 in a different way and then present

14:53 number four cuz Matt's comment is a

14:54 great transition. Number one,

14:57 a surviving spouse is going to have less

14:59 income from social security. There's no

15:01 way around it. They will. One of those

15:03 social security checks goes away.

15:05 Number which means number two, they're

15:08 going to rely more on retirement income

15:11 from a retirement account, which brings

15:13 into the play IRD, income in respect of

15:16 a decedent. So, when you collect that

15:18 retirement account on behalf of your

15:20 deceased spouse, you're paying tax on it

15:22 unless you take advantage of a Roth

15:24 conversion, which brings us to the third

15:26 issue.

15:27 In the year they pass away, you've got a

15:29 favorable tax bracket you want to take

15:32 advantage of and convert more as you as

15:34 much as you can to Roth, keeping it in

15:36 that 24% bracket, because the year after

15:40 they passed away pass away, you're going

15:42 to be in a single tax bracket, cut all

15:44 of that in half. So, those are the three

15:46 problems. We got that lower tax that

15:48 higher tax bracket, income in respect of

15:51 a decedent, and lower social security,

15:53 but we can take advantage but but we can

15:56 deal with it if we talk about it. And we

15:58 get that done when you do your estate

15:59 plan, cuz then we have that charitable

16:01 contribution that can help get you over

16:03 the hump. Last thing I want to say, cuz

16:05 I know some can get tripped up on this,

16:07 cuz you hear about inherited IRA

16:09 accounts.

16:10 When your when your spouse passes away

16:12 and you're the surviving spouse, you're

16:14 not doing an inherited IRA. You're doing

16:16 a spousal rollover. Again, when we're

16:18 going over your estate, we take

16:20 inventory of what you've got. You got

16:21 retirement accounts like most people?

16:23 Okay. List your spouse as beneficiary on

16:26 that to receive those. We'll list your

16:27 trust second, or you can list your

16:29 trust, but your trust is primarily say

16:31 your surviving spouse gets your assets.

16:33 What that allows for is your spouse

16:35 inherits that account and it becomes an

16:37 IRA for them, or a Roth IRA for them,

16:40 which is important, cuz that means they

16:42 can still do a Roth conversion. That

16:44 strategy we were just talking about

16:46 requires this what's called the spousal

16:48 rollover, which every IRA custodian

16:49 does. We do it at ours every day.

16:52 By sincerity, all the time. So, um but

16:54 when your kids get it, it's an inherited

16:56 IRA. Okay.

16:56 >> Yeah. Matt, I'm so glad you got that

16:58 last point in, because so many people

16:59 are confused between a spousal rollover

17:04 and an inherited retirement account.

17:05 They're two different things. So, it's

17:06 such a good point. Okay, now number

17:08 four, and this affects every one of you

17:11 listening here.

17:12 It is called my three favorite words,

17:15 stepped-up up

17:18 Now, you can either roll have a huge win

17:21 with this

17:23 or a huge

17:25 disaster.

17:27 Example, let's say mom and dad

17:31 you you and your spouse own a rental

17:34 property

17:35 and it's worth a half a mil or a mil. It

17:38 could be a commercial property, could be

17:40 a single family home, it could be an

17:41 Airbnb, but a lot of

17:45 successful people who listen to our show

17:48 have rental property. So, you've got

17:50 this rental property and it's got a

17:51 basis of let's say 400 grand and you've

17:55 been collecting cash flow off the rent

17:57 for years, maybe even took some

17:58 depreciation and that thing is worth a

18:01 million. Or it's there your basis is 200

18:04 grand and it's worth 800 grand. The

18:06 bottom line is you've got this big

18:09 built-in gain.

18:11 Now, you own it in your joint revocable

18:13 living trust through an LLC. Makes

18:16 sense. That's what I do.

18:17 Patty and I have several rental

18:18 properties in LLCs owned by our joint

18:21 revocable living trust.

18:23 Then, of course, averages are especially

18:25 with me with my high blood pressure, I'm

18:27 going to die first. Sorry, Patty, if

18:29 you're listening. Don't listen. Okay, so

18:32 I die first.

18:34 Well,

18:35 we only get a stepped-up basis on half

18:39 the property. So, if it's worth a

18:41 million

18:42 then only half of it goes up to 500

18:45 grand. The other half inherits half of

18:49 the basis. So, if the basis was 400

18:51 grand, now Patty's got a $200,000 basis

18:56 on a $500,000 piece of it. So, she's got

18:58 a built-in gain of 300 grand. And you

19:01 would think, well, she inherited the

19:02 rental property, she should get a full

19:04 stepped-up basis. No, no, no, no. She

19:07 only gets it on half the property. So,

19:09 she goes to sell it,

19:11 she's got a tax of with Fed and state

19:13 could be as high as 30 35% so she's

19:16 paying tax of a hundred grand

19:19 after I die.

19:21 And when it could have been planned for

19:23 in the estate plan. Now Matt, you've got

19:26 the first I love you I learned this from

19:28 Matt before the show started. Tell me

19:30 the first escape hatch on this for a lot

19:31 of people.

19:33 The first escape hatch which a lot of us

19:35 get the benefit of is community property

19:38 states.

19:39 Okay, if you live in a community

19:41 property state, you get the double step

19:44 up in basis.

19:45 If you're a married couple and you're

19:47 the surviving spouse. So that same

19:48 example Mark went through.

19:50 Mark passes away first.

19:53 Patty's surviving spouse. She inherits

19:55 let's say one of their Airbnb's in

19:57 Arizona that is in a community property

19:59 state. She gets 100% stepped up in

20:03 basis. So that property's now worth a

20:05 million bucks and they bought it for

20:07 500k.

20:08 And even they've depreciated the heck

20:09 out of it.

20:11 She gets a new basis reset of a million

20:14 dollars. Okay, that's Arizona which is a

20:16 community property state, California,

20:19 there's a number of them we can rattle

20:20 them off here.

20:21 >> Here's I'll read them off. Here's the

20:22 nine states and here's what's

20:23 interesting folks.

20:24 Oh, I'm going to give you a big reveal

20:26 here too. Arizona, California,

20:29 Idaho, Louisiana,

20:32 Nevada, New Mexico, Texas, Washington,

20:36 Wisconsin.

20:38 Now here here's an an interesting point.

20:40 Patty and I our residency is Arizona.

20:44 But a lot of our property is in Utah.

20:47 Well, Utah is not a community property

20:49 state.

20:50 But you say, "Well Mark, it you get

20:52 stepped up basis

20:53 where? Utah or Arizona?"

20:57 Community property rules that Matt just

20:59 talked about where you get double

21:00 stepped up basis,

21:01 it comes into play based on where your

21:04 residency is at date of death. So if I'm

21:07 an Arizona resident, but I've got

21:09 property in Utah or New York or Florida,

21:13 I get double stepped up basis on all my

21:16 property around the country if

21:19 my domicile and residency is a community

21:22 property state.

21:23 But you say, "Well, I I live in Utah,

21:26 but I have property in Arizona, so I get

21:27 stepped up basis double on Arizona." No,

21:30 no, no. Because the property may be in

21:32 Arizona, but you're a resident and

21:34 domicile of Utah when you die. So, you

21:36 got to think of where your So, when we

21:38 do your estate plan People are like,

21:40 "This is why every one of you should be

21:41 rushing to make an appointment with our

21:43 lawyers and say, 'I got to get my estate

21:45 plan done. I got to get my trust done,

21:47 and we got to talk about this crap.'"

21:49 Because that's just the married stepped

21:51 up basis issue. What if your kids get

21:53 involved? Now, Yeah. What are your

21:54 thoughts on that? There's so much to

21:56 unpack. Yeah, what I would say then is

21:57 so if you're thinking, "Man, I'm in

22:00 let's say Utah." We've thrown that state

22:02 out. Whatever. But you just Okay, let's

22:04 just stick to that. I'm in Utah, a

22:06 non-community property state, and that's

22:08 where I'm a resident of.

22:10 What do I do, Mark and Matt? We don't I

22:13 won't How do I get the step up in basis?

22:15 We've got some assets that are highly

22:16 appreciated. I don't just want a 50%

22:19 when I pass away. I want my surviving

22:21 spouse to get a 100% step in base. What

22:25 can I do?

22:26 This is where we get You want to get a

22:27 little more strategic. You actually

22:29 might want two trusts.

22:32 There's a number of instances where

22:33 we'll do two trusts for clients you have

22:35 yours, mine, and our assets. Or maybe

22:38 you've got some very highly appreciated

22:40 assets or or even just, you know,

22:41 hundreds of thousands. That doesn't We

22:42 don't have to be millions, okay?

22:44 But you got some appreciated assets

22:46 where it's like, "Hmm,

22:48 which one of us" And this you might not

22:50 know this in your 40s or 50s, but maybe

22:52 in your 60s or 70s this might become a

22:54 little more apparent that we want to put

22:57 some more highly appreciated assets in

23:00 the spouse's trust that is more likely

23:02 to pass away first. Yep. And let's do an

23:05 example. So, I love this. So, let's

23:07 stick with, again,

23:09 me and Patty. I just We're the I'm the

23:11 I'm the guy dying today, I guess. I'm

23:13 [laughter] glad you I'm glad you chose

23:15 that role. I fell right into that one.

23:18 >> [laughter]

23:19 >> All right. So, I'm the guy dying. I'm

23:21 I'm coming to grips with this, you know.

23:23 All right. So, let's say

23:26 the Everybody needs to know, we're not

23:28 talking about splitting up your estate,

23:30 which could screw up kids, inheritance,

23:32 his, hers, and ours, and all that. We're

23:34 not splitting up value, we're splitting

23:37 up basis. So, what that means is

23:40 let's say Patty and I have um

23:42 a big retirement account, a Roth account

23:45 worth a million dollars.

23:46 And then we've got this property over

23:48 here worth a million dollars, but with a

23:50 really low basis.

23:52 Well,

23:54 right now, it's joint 50/50 on both of

23:57 them.

23:58 So, if we died and we're Utah residents,

24:00 maybe we move out to the ranch, and I

24:03 die first, she only gets stepped up

24:05 basis on half of the property. But, the

24:09 retirement account doesn't matter cuz

24:11 it's a Roth and it's a retirement

24:12 account. So, stepped up basis doesn't

24:14 matter. We're back to IRD. So,

24:17 whoa, this is interesting. Well, what

24:19 can we move in the trust into

24:23 my trust, so I get a stepped up Patty

24:27 gets a stepped up basis. So, we may move

24:29 the property into my trust, we do

24:32 separate trusts,

24:33 and then the retirement account goes

24:36 into her trust. Now, we're going to

24:38 split up everything equally with the

24:39 kids, however we're going to do it

24:41 anyway, but if I die first, which

24:43 chances are,

24:45 she gets stepped up basis to a million,

24:47 zero tax. She just saved a hundred grand

24:50 and didn't even know it.

24:51 That's what the planning is all about.

24:54 Yeah, and and we never know who's going

24:56 to die first, obviously. Like you're

24:58 you're you're making bets here, so to

25:00 speak, but you have an opportunity to be

25:02 far more strategic about it. And

25:04 sometimes you I hate to say it. I mean,

25:06 this is how life happens. You start

25:07 seeing which of you is deteriorating

25:10 more quickly, which of you might have a

25:12 terminal medical or illness.

25:14 That might be the time to start doing

25:16 some shifting of assets in the

25:19 non-community property states, where we

25:21 may want to take advantage of the

25:22 step-up in basis, because spouses,

25:24 husband and wife, you can transfer

25:25 assets between each other as much as you

25:27 want. There's no gift tax or penalties

25:30 between spouses or your trust. You can

25:32 move assets around whenever you want.

25:34 You get the carryover basis, no

25:35 resetting of all the rules. And so, you

25:38 can get a little more strategic about

25:40 that. So, you might be thinking, "Man, I

25:41 don't know. I'm 40 or 50. We don't know

25:43 who's going to outlast." It just Think

25:46 about this. This could be something

25:47 later on. Uh maybe you're thinking about

25:49 this for your parents, where it's pretty

25:50 apparent which one's got

25:53 This can be so

25:55 Just play the odds. You should know

25:56 that.

25:56 You got to play odds. So, I was at the

25:58 casino last week watching my uh sons

26:02 play poker, and they were and they'd

26:05 split a hand. I'd be like, "Why did you

26:07 split that hand?" Well, you got better

26:09 odds if you split. So, when you have two

26:11 aces or two eights,

26:13 you always split your hand, cuz you're

26:15 going to play the odds. So, Patty needs

26:17 to play the odds that I'm going to die

26:19 before her. So, in our estate planning,

26:22 we're just going to do that. And I got

26:23 to come to grips with that. So, It's

26:25 just You got to play the numbers.

26:26 >> I mean, it's statistics. Yeah, play the

26:28 odds.

26:28 >> the statistics earlier, so All right.

26:31 Now, let me give you another crazy one,

26:32 folks.

26:33 Let's say you're single, or we've got

26:36 grandma or grandpa.

26:39 And they've got this big asset.

26:42 There's a farm. There's a stock

26:45 brokerage account. There's a second

26:48 home.

26:49 Uh maybe it's the primary residence, and

26:53 it's worth a couple million. Nowadays,

26:56 it's not unheard of to have a home worth

26:58 a couple million, especially in our

27:01 coastal states, right? You can figure

27:02 the California 401k. Man, you can't even

27:04 get a condo for under 1.5, right? So,

27:08 you So, you've got this big asset.

27:10 California 401k, I love [laughter] that.

27:14 Is that the condo for 1.5 million? Yeah.

27:18 [clears throat]

27:19 So, let's say

27:20 >> [cough]

27:21 >> Mom

27:22 or Grandpa hates lawyers.

27:25 It hurts. It hurts cuz Matt and I, we

27:27 try to save the world and make it a

27:29 better place, but they may hate just the

27:31 thought of working with the lawyer and

27:33 doing an estate plan. And they heard

27:35 from their friend Marge that said, "Hey,

27:38 just put your kid on title with you.

27:40 Just go down to Merrill Lynch or

27:43 Edward Jones and put your kid on the

27:46 account with you

27:48 with sur- the

27:50 rights of survivorship, so that when you

27:52 die, they inherit the property.

27:54 You don't have to do a trust, you don't

27:57 have to do any will or planning.

28:00 And we see this all the time. Grandma or

28:03 Grandpa goes and puts their oldest child

28:06 on title with them

28:07 on the the big asset,

28:10 brokerage account, whatever the hell it

28:11 is,

28:12 and then they die.

28:14 So, now,

28:15 example,

28:17 $5 million property,

28:19 they die,

28:21 that child gets stepped-up basis on how

28:23 much, everyone? Half. And that's even on

28:26 community property, cuz that's a child.

28:29 That's not a spouse. So, community

28:30 property doesn't even matter. So, in all

28:32 50 states,

28:33 that child only gets stepped-up basis on

28:35 half of that $5 million asset.

28:39 Now, they're paying tax on whatever that

28:41 built-in gain is on the other half,

28:44 when they didn't have to if they would

28:46 have done a freaking trust. And that's

28:48 only half the battle. I mean, Matt, what

28:50 are your thoughts before we before we

28:51 even move on to the second problem?

28:53 Yeah, I mean, this is this is the most

28:56 classic mistake that we see, and it is

28:59 people trying to avoid doing a trust.

29:03 The number one thing most wealthy people

29:05 have, a freaking family trust, revocable

29:08 living trust that says who gets your

29:10 assets. And I know you're like, I want

29:12 this to pass on. I don't want my kids to

29:13 go to probate court and all this and

29:16 have to deal with all the lawyers and

29:18 I get that. The trust does that. You

29:20 talk to a lawyer now, you do a little

29:22 bit of planning, you get it done, and

29:24 then your trust owns that property. And

29:26 you've got your plan set, your kids

29:28 going to get it when you die,

29:30 and they're going to get the

29:32 step-up-in-basis that we've talked

29:33 about, 100% when you pass away.

29:36 >> 100%.

29:37 >> They can sell that $5 million asset you

29:39 bought for 500 grand and pay zero tax.

29:43 But shocker, you tried to avoid the

29:46 lawyers, so you just put them on title

29:48 because

29:49 you got it done at a deed with the title

29:52 company, and now when you they go to

29:55 sell that property now for 5 million,

29:58 they get a 50% step-up-in-basis to

30:01 you know, where they got I guess they

30:02 get 2.25

30:05 or now they get they get about 2 million

30:07 bucks. So, paying 20%

30:10 on an on another two and a half

30:12 approximately here, just hang with me.

30:14 That's That's like

30:16 uh

30:16 50 grand in taxes at a long-term rate.

30:19 >> [laughter]

30:19 >> The 500 grand, sorry, you got to add an

30:21 extra zero. Yeah, add another zero.

30:22 Geez, 500 50 grand.

30:24 You just saved half a million in tax.

30:26 And that's just one asset we're talking

30:28 about here. So, we see that mistake all

30:31 the time. Yep. And we have to unwind it.

30:36 And the second problem

30:38 is the child then has to gift

30:42 that asset to the other siblings and use

30:45 up some of their gift lifetime exemption

30:47 or pay gift tax. Where with a trust, it

30:50 would have just passed without gift tax,

30:52 without some sort of disclaimer which

30:54 may or may not work, and it just going

30:57 to court, probate, all that crap if they

30:59 just would have done the trust. Now, I

31:01 want to throw this out.

31:03 We You You may be catching this podcast

31:05 5 months from now,

31:07 5 weeks from now, it's a year from now,

31:09 whatever.

31:10 But, for those that are catching our

31:12 podcast on a regular basis,

31:14 we have just given you the perfect

31:17 Father's Day gift.

31:18 From Memorial Day to Father's Day,

31:21 we do a special every year. This is our

31:23 11th year. Because once you go to some

31:26 visit someone's grave on Memorial Day,

31:28 or you're thinking of the perfect

31:29 Father's Day gift, we thought let's give

31:32 you a gift and do a discount on our

31:35 annual estate planning special only one

31:37 time a year for 3 weeks, we do this

31:40 discount. Now, if you're here catching

31:41 this later,

31:42 who cares about the discount? You

31:43 already see the problem. You don't want

31:45 Let's see, [snorts] pay 500 grand in tax

31:47 or do an estate plan for 3 or 4 grand?

31:49 It's pretty easy. But, if you're looking

31:52 for the perfect Father's Day gift,

31:54 give them an estate plan. Because guess

31:57 who's going to benefit? It is the

31:59 perfect passive-aggressive gift of the

32:02 year.

32:04 You give them

32:04 >> [laughter]

32:04 >> the estate plan and then totally benefit

32:07 from them.

32:08 And so, let me just say,

32:09 you're welcome.

32:11 Yeah, I can't think of a better Father's

32:13 Day gift.

32:15 Um it's right around the corner. You

32:16 missed Mother's Day. You could have set

32:17 this up, you know, for Mom, but you can

32:19 save it with the Father's Day gift. And

32:22 um whether you use us or not, and now we

32:24 have

32:25 an incredible team here helping clients

32:27 across the country get their estate

32:28 plans done. Think of these things, be

32:30 strategic about it, and leave as much of

32:33 their wealth in the exact way they want

32:35 to. There's so much more to it. It is

32:36 not complicated. We do this every day.

32:38 We can simplify you, guide you down the

32:40 path so you can get it done and across

32:42 the finish line. But, get it done.

32:44 Whether you're using us or not,

32:45 hopefully you will be able to keep more

32:47 of these hard-earned assets for yourself

32:49 and your families. And hopefully this

32:51 podcast helps you get one step further

32:53 to that. Yeah.

32:54 Thanks everybody for listening. We're

32:56 trying to get creative here and point

32:57 out a lot of thing again back to the

33:00 beginning of the show.

33:02 This is stuff we normally don't talk

33:04 about, but we see it all the time and we

33:07 just had to bring it together all in one

33:09 show. So, four things that are going to

33:13 affect everybody, no matter your income

33:15 level, married or single,

33:17 these are penalties or taxes that you

33:19 can truly avoid. So, bring these up. We

33:23 will bring them up with you when we do

33:24 an estate plan with you a very

33:25 affordably. And whether we have a

33:27 special or not, this is a there's no

33:30 time better than the present to deal

33:32 with this because I hate to tell you you

33:34 will die and you don't know when. So, if

33:36 you've got some secret crystal ball that

33:38 will help me out, I would love to

33:40 [music] see it. So,

33:41 thanks everybody. We will see you next

33:43 week for another show of the Main Street

33:45 Business [music] Podcast. Please share

33:47 this with your friends and family

33:48 members. Give us a

33:49 five-star, two thumbs up, 10 out of 10.

33:52 So grateful to be here with you.

33:54 >> [music]

33:54 >> We love you. We love the American dream

33:56 and we'll see you next week.

34:00 >> [music]

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