The Why of a Will

Bruce Pierce is not there remains the nation over the estate. Worst humorous without a will is a sure loved ones in the legal mess of the probate court family feuding over who gets what, but you can spare them. That talk about that first today is on your calls at 800-525-7000 800-525-7000.

This is moneywise live wisdom for your financial so let's get into the reasons why you to draw up a written will.

If you haven't already, and along the way, we can dispel some of the misconceptions about wills now. It would be nice to think that most people realize the necessity for a will and have gone ahead and prepared one, but unfortunately that's just not the case studies show that only about four in 10 adults have a will or living trust as it stands, the majority of folks are leaving it up to probate courts to determine how their estates will be handled upon death, not your thinking. So what let the court handle it.

You should know that often, it won't act the way you'd like.

In the end state law will determine who gets what and that may be contrary to your wishes. But maybe the biggest reason that you need a will is that it will reduce the likelihood of family disputes. After you're gone in a will. You can leave specific instructions as to who gets what, potentially eliminating all the squabbling. It's true that your heirs could still have hard feelings, even if inheritances are clearly spelled out, but a will isn't just a set of instructions. It's a document that can express not just your intentions but your reasons behind them. Our friend Ron blue spells this out clearly in his book splitting errors is simply dividing up your assets equally might be fair, but it isn't necessarily biblical. Ron says wisdom can create wealth, but wealth almost never creates wisdom, one child may not be capable of handling money or another might have much greater needs than your other heirs so explaining why you're dividing things a certain way can also help eliminate family fighting.

Ron also says that if you love your children equally. You'll treat them uniquely. There are other reasons to draw up a will. It's a great way to itemize your assets without a specific list of your holdings and possessions the probate court could take months or years sifting through your financial records. Meanwhile your loved ones are denied the use of those assets. Another good reason for drawing up a will is that it can help you provide for errors with special needs. As I mentioned, if one of your heirs is too younger immature to manage money. You can place restrictions on the inheritance with the will. You can also do that with a living or revocable trust as well.

There's one more really important reason for having a will and this was often a real sticking point for couples with children, they will enables you to name a guardian for your children. This is one of the reasons that some parents procrastinate in making out well because it forces them to decide who will care for the kids. Should something happen to them. That's not a pleasant thought and quite often it's a tough decision to make.

Turning now to some of the misconceptions about wills, what you hear most often is.

I don't need one. But we just talked about how will allows you to name who will care for your children. If something happens to you without a will, the state decides who raises your kids. You don't want that.

So if you do have kids, you need a will and of course even if you don't have children. The state will decide who gets your assets if you don't have a will. Another misconception is that your spouse automatically gets everything you have so you really don't need a will. Well that's the case, most of the time, but different states have different rules.

For example, your state may require that your assets be divided equally among your spouse, children or grandchildren.

Whether you wanted that or not. So you can't assume your spouse will inherit everything you can avoid all that by having a will in place. Okay our last myth is drawing up a will is too expensive. The truth is writing a will is one of the least costly things that attorneys do many of them charge a flat fee to write a will or other basic estate planning documents. The average cost for drawing up a will is around $500.

Of course you can do it even cheaper by filling in the blanks at one of those online legal form sites that may work just fine but attorney can help you address issues that may not come up in the do-it-yourself approach and of course you can find an attorney or estate planner who shares your values when you look for a certified kingdom advisor. Just click find a CK moneywise live well if you don't have a will in place already. I hope I've convinced you to stop procrastinating and get the job done. Trust your calls or text 800-525-7000 800-525-7000 on Rob last in this. Thanks for joining us today moneywise live on Rob last year hosting your calls and questions. Today we got slides open 800-525-7000 would love to hear from you.

The number is 800-525-7000 you as stewards entrusted with the responsibility of managing God's resources. Money then becomes a tool to accomplish his purposes. But here's the thing you know it's a revealer of where we've placed our faith or hope in our trust that is how we handle money is one of the clearest indicators into what's most important to us, so money issues really are hard issues you know beneath the working out of the daily spending and allocating of God's resources are the motivations that drive us in as Jesus said where our treasure is there heart will be also. So I think this is a great opportunity at the start of the new year to say what story does the way I spend God's money. Tell about what's most important to me and am I okay with that. Do I need to make some changes in my living within God's provision of Mike using debt to live beyond my means outside of God's provision. If so, what changes do I need to make to dial that spending back and as my income increases over time have I established a lifestyle that I'm comfortable with in prayer with the Lord such that I don't allow lifestyle creep to consume every bit that I have. So if I have a bit more. Maybe that's an opportunity to give more.

Maybe it's an opportunity to save or help others or pursue the goals that you have that align with your values and your priorities well when we handle money, God's way. According to the Scriptures 2350 verses we put ourselves in a position to experience his best now that doesn't mean were always good to have an abundance working to have difficult times, but if we live within our means. We have some margin we set long-term goals, and we plan for the future and give generously and avoid the use of debt we've at least put ourselves in the position to be able to maximize his resources for his purposes.

Well here on this program. Each day we want to help you do that, so whatever questions are on your mind today be at saving or giving lifestyle or debt. Whatever it is, give us a call. Would love to hear from you. The number is 800-525-7000. That's 800-525-7000. Let's begin today in Ocala, Florida hi Shirley thank you for your call. How can I help you thanks for taking my call. I listened to you regularly yet have a will and I also have a trust established quite a while ago.

Mattress 2008. I'm trying to decide if I want to break the trust but I also want to know my heirs would have to do probate because I have those things in place. Yes, well probably would come in for the will anything titled in the name of the trust would pass outside of probate. You can of course at both as you do there both a part of a comprehensive estate plan a will in the living trust, but they are sometimes inconsistent with one another. Where there are conflicts, the trust will take precedence a will has no power to decide who receives a living trust assets, be it cash or equities real estate that type of thing. That's all dictated inside the trust and again, the trust would pass outside of probate the will of course would be administered by the probate court with your executor and pass according to your wishes spelled out in the document now is you. If you are to break the living revocable trust, then the will. At that point would be the driving force and at that point you would go through probate as most people do it as long as you have a valid will that's in place. That's at least going to dictate how you want your affairs to proceed upon your death.

Always good wisdom just to seek the counsel of a professional as it relates to this last stewardship decision. We will make, which is the handling of the passing of God's resources to the next steward, hopefully who is chosen in advance and prepared to receive that wealth and often times, especially when it comes to children, I think we have to ask the question, have we passed wisdom that we passed character.

Have we passed spiritual capital even before the money and depending upon what's going on in their lives. Is it appropriate to pass the money and how much.

So we need to be considering all of these things but bottom line is surely the will will go through probate. And if you're looking to make some changes which we should all every couple years or when a major change occurs. We should always be updating and reviewing our estate plans and again a competent estate attorney would be a great resource and that we appreciate your call today. Spokane Washington is where Steve is located Steve you're on moneywise live go ahead. I thank you my call. I give you real quick rundown. My wife Mary in her early 70s, both retired totally out of debt. Live on a bench and thanks to Larry Burketand not solely followed through on that when we have about $80-$100,000 just in an savings account. There is low yield and I wanted to find out you've mentioned this on the other programs but I never have it on paper. But when would be a good place to invest and I'm assuming it's like two or three accounts were there staggered and they roll off one by one so we can have access to it when we need to keep the rest. Earning interest. She works with this 80 200,000 that you have Steve and you said you want to invest it. What is the time horizon on that money your big goal.

I don't man unit 5 to 10 years okay and are you willing to take some risk with this meeting. Putting it into stocks and bonds that have the ability to lose value. We actually have already some stocks and bonds and I think they're pretty conservative. I realize that there is risk with anything back sore shirts. Well, I think the key is we it's all about risk and reward right and so we expect a lower reward for a lower amount of risk and as we move up the risk ladder if you will.

We expect to is to achieve for over time. A commensurate level of return to offset that risk, but we just have to make sure that the buckets of money that we have are appropriately allocated at the appropriate list risk level with the appropriate expected return so that we have what we needed to any period of time. So that's why with our emergency fund.

I would say it's not at the risk of the market, because we could meet it at any time for the unexpected. And so that's where we take a very low euro interest rates in an FDIC insured account in a savings account because we need access to the money but with money that says you said 5 to 10 years or longer. We have the ability to take some risk again depending on your age's risk tolerance goals and objectives and expect a better rate of return, which is important now more than ever because as inflation has ticked up where losing purchasing power on that money, that's not invested in it were losing their purchasing power bit more quickly this year than we have in years past where inflation was down around 2% consistently for a long period of time and we expect these elevated levels of 3D 4+ percent inflation.

Depending upon which sector of the economy were talking about to be with us for a little while so I think the next question you once you determine the time horizon. Whether you're willing to take some risk with it, is how do you want to go about that you wanted delegate this responsibility to an advisor's gonna make these buying and selling decisions for you building those portfolios.

You're obviously and in close communication. It's being done with your goals and objectives in mind, but it's being done for you and your of course pay for that generally based on the assets under management, a percentage or if you'd want to do it yourself you can either go with an index fund approach where you're buying the broad cross-sections of the market, usually through what's called a Robo advisor where algorithms are used to build a diversified portfolio.

Very low cost and where you would expect to capture the the indexes so might be a stock index or a bond index remix of the two or another approach would be kind of in the middle where you use something like our friends@soundmindinvesting.org, where through the soundbite investing newsletter.

They would make recommendations on various mutual funds that are more actively managed that would fit kind of what you're trying to accomplish so you can choose your custodian fidelity or Schwaber TD Ameritrade and then you would buy these no-load mutual funds and then update them over time which sounds like would be most appropriate based on what you're trying to do well on somebody based upon a good knowledge base so you want somebody pretty pretty coming into the market. Absolutely semi with a lot of experience and I would say somebody who also shares your values, why think Steve a good next step for you would be to visit with a couple of certified kingdom advisors there in Spokane. Interview two or three. Find the one that's the best fit for you, who you could delegate this responsibility to to make these decisions to build the portfolios again.

You get the statements you meet regularly. It would be done with your goals and objectives in mind, but you have somebody that is is making those decisions for you.

So just head over to our website moneywise live.org click find a CK you can search by ZIP Code and again I'd interviewed two or three.

Find out how other compensated their experience level, where you would fit among their other clients know how they would be communicating with you who will be handling your account and their track record and how they go about managing all of those things and more can be discussed. Steve, we appreciate your call today. All the best, 800-525-7000.

This is moneywise live moneywise live biblical wisdom for your financial decisions for the regular talking about a certified advisor. These are men and women who met high standard as financial professionals both experience character but also in their training to bring a biblical perspective of money to their financial advice at a professional level. You can find a certified kingdom advisor in five disciplines, financial planning, investments, insurance, taxes, and estate planning legal issues that when you visit our website moneywise live.org click find a CK and you'll find a CK designee in your area and that perhaps you can reach out@thatpointagainmoneywiselive.org is the place to go. We got two lines open today 800-525-7000 will head back to the phones, Chattanooga, Tennessee hi Mary Lou, how can help you, I will share my dog went on before I want.

Don't know if I pull a family on camera. There, in my name.

Okay, so the home is in your name.

Well Mary Lou, I'm so sorry to hear about your husband passing and the circumstances surrounding that. I'm confident the Lord will provide here and certainly need to make your church family aware of any needs that you have for and will pray that the body of Christ will surround you at this difficult time. As you make these decisions, and the Lord will give you wisdom you as the owner of that home even though it's in forbearance have the ability to sell it is not any particular restriction from selling a home that's in forbearance in even the VA mortgaged home. He unless it's a part of the agreement stating you must stay in it, but that's typically not a part of it. Any amount you didn't pay as a result of the forbearance would be added to your total payoff, including any unpaid interest and fees so you would have the ability to sell it. If you're still having financial difficulty in your forbearance agreement is about to end. Some lenders may extended if you prove your selling the home so you may want to let them know that, especially if you're right up against the end of this because lenders would rather wait and receive a full payoff than go through the foreclosure process. So if that's a concern of yours I would be contacting your lender to let them know what you're doing, but after you sell it you then take the proceeds you'd pay off any amount owed to the lender, and then the anything left over would obviously be yours to then put in perhaps to annexed property. At that point.

Does that make sense to you so much for I don't know how much more will not have the last quote I got out I don't know what you know I'm I don't know what day and back watching you well. I can certainly understand what you're experiencing and that's happening in your all over the country in certain pockets or even more pronounced than others. So you're seeing an incredible rise and I understand house you're out there looking for something that quote unquote is a downsize, you're paying a lot more than you paid for this years ago. The good news is that your home is appreciated. Along with Ed and hopefully because it's a little larger and because you're getting a significant amount out should have plenty go and then relocated to something else. I think the key for you.

Mary Lou is to have a plan to know where you're going to go and what you need to spend before you do it and I realize that can be challenging. So I connect with a real estate professional in your area who can help guide you through all of this to make a plan for perhaps even selling your place and then renting it back into. You can find your next place and buy with cash or maybe move out live with family for a period of time, but having that real estate professional to walk with you.

Hope you understand what you're going to need to spend even select the neighborhood you be looking at staying with us will talk a bit more off the about delighted to have you along with us today and moneywise live check out the moneywise website recently. Their system great articles there especially is your thinking about retooling your finances in this new year is a great article from moneywise called new, less debt that might be helpful to you or a great new resource from sound mind investing in her friends there called 10 your 10 most important financial moves for 2022. They actually give you an all-inclusive list with dozens and dozens of ideas for you to prepare for the new year you hand select out of their list much longer. Your top 10 for you that you can work on over the next coming weeks and months and perhaps get yourself on a more solid financial footing as you manage God's money. It's all available on our website just head there now moneywise live.org. By the way when you're there. Create your free moneywise account and that will ensure that you get our moneywise weekly wisdom email the next edition goes out tomorrow are, let's head back to the phones today.

By the way, a few lines open 800-525-7000 is the number to call W GNR Indianapolis hi Doug, how can help user I thank you why there's a lot of information going out, especially on the Internet about the monetary system and banking regulations changing to crypto currency that corn cut monetary changes. What do you know about that well in a bit coin in the other crypto currencies obviously are unlike fiat currencies that are distributed, traded and stored with what's called a decentralized ledger system known as block chain of that coin them. One of the more popular launched back in 2009 and it's now the world's largest crypto currency just from a market Standpoint you I don't think it's you're going to replace the fiat currencies anytime soon and for the benefit of our listeners. We say fiat currency. We just simply mean a government issued currency not backed by physical commodity like gold or silver which we used to be, but backed by the government that issues it which is what our money is here. We issue money here in the United States backed by the full faith and credit of the United States.

I don't see that replacing or being replaced by the crypto's anytime soon but I do think Doug yelled the crypto currencies are here to stay here. They are going to be a place that people flee to in times of uncertainty and unrest.

I think that the technology behind it. The block chain technology will not only be used for currencies but for other uses. Over time, and so I don't think it's going anywhere and were starting to see more of a mainstream acceptance of crypto's notes being talked about it the biggest companies in the world like Apple and others you are talking about accepting it. So were going to continue to see it more and more widely used, and I don't think it's a place for us to be investing in crypto currency which is different than it just being available as a currency option investing it, it becomes a very highly speculative and very volatile type of investment that I think is just out side the bounds of how we should view investing for the long term as study plotters. According to Scripture, but I don't see any problem with the crypto currencies in its design views.

Unless of course it's being used for illegal purposes. Which fiat currency can as well so I don't think it's something to be worried about. I think it's here to stay and it will be interesting just to see what the adoption of it looks like over time. I think it will continue to become more and more mainstream though in the months ahead. So hopefully that's helpful to you.

Doug up certainly be something to watch that's really been fascinating as of late, but said to Missouri next. Ed is there waiting patiently and had how can help user I have 13 though and I wonder stages of estate planning and everything and I was one you were aware regulation statutes or anything about if he would happen to handle Penn State help whenever he would get on his own. If any lien that we would leave him would be taken by those authorities to email, both small living home has no you know I'm not doing it something to talk to an estate planning attorney attorney about the deal. Perhaps you need a special needs trust. There is a type of account though. For this purpose that is less involved.

Very easy to set up that you may or may not of heard of cold and able account. It's an able 529 account and that basically is to be able to fund so that you will have no resources available for him to remain eligible for Medicaid health coverage or supplemental Social Security income that assist low income people who are disabled, you typically can have more than $2000 in savings or other assets, but funds in these able accounts don't count toward that total so it gives a disabled person the ability to save for the future or use the money for a range of needs like healthcare, transportation, education without risking the loss of government help. Which of course would be available depending upon his income level. So I think I that might be something you'd want to look into and then perhaps you know if there are other assets read want to be able to put away more than you can, through the able account. That's where I think something like a special needs trust might come in so I check with an estate planning attorney just to talk through your options. Make sure you understand all the implications of what you have, do some advance planning so that you know these things have been settled, but I think enable account at the very least might be a great resource for you and we appreciate your call today very much. 800-525-7000 a call to moneywise live today Odessa excuse me Odessa, Florida is where Monty is Monty the redhead other yet to all events, I did not hire and I told Michael I have two complaints and they live in that study, iodide is not making much money did this get them edited each OKC that they advised that HIV inside taking my knee more than his making and then the second one in the rough that got us Ira Desilets on Monday. So you cannot be my knee.

Yet, to that of making anything you might have today make it today. Today I played with the money to always today. Just move it somewhere where it can be make Babette on yes well. Monty had the key is the investments inside of that, you know that mean being managed.

Merrill Lynch really doesn't have anything to do with it. It really has more to do with the investments that have been selected. Is there an advisor overseeing this Monty or is it on the retail side where it's just kinda left for you to make the decisions that I yet did not buy it level and there is an advisory so I think the next step is for you to visit with that advisor and just talk through the investment strategy that's been deployed. Look at the historical returns versus the appropriate indexes consistent with how it's being managed talk about what your expectations are going forward based on your age and objectives and talk about whether changes are in order. Because Merrill Lynch is a wonderful firm like so many others. It's really just about you having an advisor who understands your need is taking a proactive Pro approach in managing let's talk a bit more of fear would hit a break here will be back moneywise live stay with us directly after dinner moneywise live today and Rob West. This is biblical wisdom for your financial decisions. Let's head back to the photos today. Edward is in Tampa Florida. Edward were so cold I can help user.

Thank you for being so helpful with such an important matter and being so principal. I'm wondering if the joint tenant with right of survivorship would exclude the need for probate.

Yup property held in joint tenancy.

Edward will bypass probate so when one of the joint tenants passes away. The property passes to the co-owner of the property by right of that survivorship without having to go through the probate process which is a benefit. A lot of folks are looking for that and that's why they set it up that way. It also allows for creditors to be unable to access a property held in joint tenancy.

It's a private process or your affairs on the part of the public record and there's a clear title transfer to the surviving joint tenant. The only downside would be. You can't leave a portion of the property held in joint tenancy to another person other than the co-owner know if there is a judgment against the joint tenant. Obviously the property could be at risk there and there could be an increase in estate taxes, although that's not a concern for most folks. At the current with the current estate tax situation. So this and answer your question, though specifically about probate so I called aspect that you know about yes it does answer my questions and I thank you very much okay and run for president.

You called.

I think so much. Thank you very, very, very kind of you.

I appreciate this kind remarks slid stay in Florida which is where Celia is Karen, well okay on Florida will out different lot different state or whitest. Yes, you know among all the changes so when you move to a new state, and I know how challenging that can be voters registrations drivers licenses you don't want to forget your will, your will.

Should be valid in the new state, but there may be differences in the new states laws that make certain provisions of the will in valid which is why when you're moving to a new state. Don't concern that it's all the sudden, null and void, but it is a good idea to have it reviewed and updated just to make sure that based on the laws of your new state that all the provisions are in force and there's not any minor changes that need to be made to updated okay what what what Michael over the layout that might well well you know your will is just what how your estate is going to be past, so your estate is made up of all of the things the property and assets and possessions to personal effects that you have and that makes up your estate. Your the will last will and testament is the document that says who is going to receive that and the executor of the will, along with the probate court will distribute according to your will so you have an estate essentially by way of what you've accumulated and amassed in the will is the document that governs how that is passed at your death will only goes into effect at your passing. So it's good thing that you have a will, because that'll make sure that somebody else, namely the probate court is not making those decisions for you. You're making those decisions in advance but anytime we have a major change in our life, including moving to a new state.

We want to make sure that it's it's updated so that's a good thing that you're thinking about that Celia. We appreciate your call today W RMV were staying in Florida. Robert Doretta Hetzer.

I was told that the durable power of attorney does not take or trust account. So my first question is what there something I missed another form that I should write to my dad's trust. Think about it now and I have to step in and help with financial matters not the first question, yes, well, the durable power of attorney and again it's always a good idea to get the help of a legal professional with all of these issues, so I'll just talk generally about these things but I would encourage you to go ahead and get some counsel on this. But essentially the durable power of attorney is a document that allows you if you're the principal to give authority to another person. Your agent or attorney-in-fact to act on your behalf and then so did you say though you also have a trust, is that right my dad CDs that are up, the trust and so some of it, try to find out if probate or by having a beneficiary specified on the CDs that adequate to keep it out of probate. So when it comes to a beneficiary designation that's going to trump the will and so that will pass directly as long as that beneficiary is been named for that particular account to her. In this case a CD it in terms of the POA versus the trust you have. The power of attorney is going to allow you to act on someone's behalf, but there is no power of attorney for a trust deed, the trust would have a trustee that would be the one that would be named in the trust to handle the distribution of the trust based on the provisions of the trust it with any triggering effects that take place. So again I thought I would get some counsel on this, but that the power of attorney is important for you to make financial decisions outside of the trust. In the event your dad is incapacitated as the trustee. If that's the role that you have that would be specifically related to your role in handling the assets inside the trust and then a beyond that, I think it's important to consider other documents like a healthcare surrogate had to order a living will. Things where he can name your end-of-life decisions and make those decisions in advance so I would get with somebody will review all of this but the bottom line is, those are different. The POA and the trustee and could be the same person acting as both but they have different purposes. Hopefully that helps to clear some things up for you Robert. We appreciate your call to the Acer very much onto Highland Park, Illinois hi Sally, how can help you much for your program and in the practice of renewing the lease for the apartment that I and and the the rent will be going up a little more than 9%. Here and I was wondering if there were there were government regulations that the owners of the apartment building needs to follow his heart. How much they can raise the rent every year. Well I'm sorry to hear that you're experiencing this rent increase Sally and we are where singing going on all over the place. It has to do with just the rise in real estate prices and the lack of inventory it's pushing everything up. Give the lease you signed would be the controlling document so if you agreed to pay increases in the lease, then they'd have the right to do that in terms of a government agency.

You know, most states do not have laws banning or they have laws banning rent control ordinances so you typically you don't see those kinds of ordinances in place that would allow for rent control. So really the only recourse you might have is if the landlord is charging you more than what's stated in the lease agreement or the increase is allowed for in the lease agreement. Apart from that feel they can usually pretty much do what they want and therefore it would require that you go look somewhere else for something that you could find that would be more manageable financially but I don't think you can find any recourse unless the lease that you sign prohibits the actions being taken and that would be so I'm renewing a two year lease and I thought I have to renew my lease but I can only I was told I can only renew it for one more year this time and I don't think there's anything on the lease that mentioned what you just sent well as as you renew the lease. There's got to be a new lease and they would tell you what the prevailing rates are right now and you're either happy with what they're offering or you're not. But there's you and then at that point you have to decide do I want to sign this new lease does it fit into my budget. Is this where I want to remain or is the price now out of reach. And even though you disagree with what they're charging. They have the right to raise the rents and charge more than that would be then your prerogative to decide whether you enter into a new lease so at the end of this. You know if you have the right to extend it, you know, at a certain rate or price. You can certainly do that but if it's not dictated and you're just then you to pay the prevailing rates. They certainly have the right to do that so I think your only recourse at that point would just be to move on unfortunately's help. I know it can be challenging.

Sally, especially with limited resources and seems like things are getting more expensive all around us with inflation and that includes the housing market you're seeing at the grocery store so they think the key is just to live as modestly as you can in some cases, we have to make our decisions even with housing, which is one of the biggest ones because it involves a whole lot of moving and packing in and that's difficult. Nobody likes to go through that so will pray the Lord gives you some wisdom as you make this decision moving forward and key is to just do your very best to live within your means. Trust God. I think Southwest folks that's going to do it for us moneywise live with thankful that you tune in each day.

Thank you for your kind remarks. Those of you who called today about the program is my privilege to come alongside you today. Hope you find God's best for you as you manage his money has us doing what he was light as a partnership between Moody radio and moneywise media want to say thank you might Jim's dad Amy will be there as well come back and join us tomorrow