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In this episode of Estate Planning with Fexingo, Lucas and Luna dive into the 529 plan versus trust trade-off, focusing on how families can fund education expenses without triggering gift tax. They discuss the mechanics of 529 plans, the annual gift tax exclusion, and the five-year election that lets you front-load contributions. They also explore a more advanced strategy: using a grantor trust to pay for education directly, avoiding gift tax entirely while keeping assets out of your estate. With a concrete example involving a $150,000 contribution and a hypothetical family, they explain the pros and cons of each approach, including the impact on financial aid and the importance of naming successor beneficiaries. The conversation wraps with a look at how to structure a trust that covers education without the restrictions of a 529 plan, making it a must-listen for anyone planning multigenerational wealth transfer.
#529Plan #EducationTrust #GiftTax #EstatePlanning #GrantorTrust #WealthTransfer #TaxStrategy #Trusts #Wills #Finance #Business #FexingoBusiness #BusinessPodcast #EstatePlanningPodcast #FinancialPlanning #LegacyPlanning #GenerationalWealth #TaxPlanning
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Lucas and Luna unpack the little-known 65-day rule, which lets trustees make distributions up to 65 days after a trust's tax year ends and still treat them as if they happened in the previous year. Through a concrete example involving a discretionary trust and a beneficiary facing a tuition bill, they explain how the rule creates retroactive flexibility for tax planning. They also discuss the difference between a distribution and a loan, the 65-day election deadline, and how it interacts with state taxes. If you've ever wondered how trusts manage the timing of payments to beneficiaries, this episode gives you a practical tool that even many estate attorneys overlook. The hosts also share a listener-funded note about supporting the show.
#EstatePlanning #Trusts #65DayRule #TaxPlanning #DiscretionaryTrust #BeneficiaryDistributions #TrusteeTips #Finance #WealthManagement #BusinessPodcast #FexingoBusiness #InheritancePlanning #TrustLaw #TaxStrategy #GenerationalWealth #LegacyPlanning #EstateTax #FiduciaryDuty
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In this episode, Lucas and Luna explain how a revocable living trust can help your family avoid the time and cost of probate court. Using a concrete example—a family in Florida with a $1.5 million estate—they walk through the difference between a will and a living trust, what happens when you don't plan, and why a living trust might save your heirs months of delay and thousands in legal fees. They also cover when a living trust is overkill and what assets actually need to go into it. If you've ever wondered whether a trust is just for the wealthy, this episode gives you the practical answer.
#LivingTrust #ProbateAvoidance #EstatePlanning #RevocableTrust #TrustAndWill #WealthTransfer #Inheritance #FamilyMoney #TrustsForMiddleClass #ProbateCourt #EstateLaw #Finance #PersonalFinance #WealthManagement #FexingoBusiness #BusinessPodcast #EstatePlanningPodcast #MoneyMatters
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In this episode of Estate Planning with Fexingo, Lucas and Luna dive into the Spousal Lifetime Access Trust, or SLAT, a powerful estate planning tool that lets wealthy couples move assets out of their taxable estate while still keeping access to the income. Using a concrete example of a couple with a $30 million estate, they explain how a SLAT can save over $3 million in federal estate taxes, how it works with the current exemption amount, and why it's especially attractive right now with the exemption set to sunset after 2025. They also discuss the critical considerations: the gift tax implications, the need to fund the trust with appreciating assets, and the potential risks, including the 'grantor trap' if your spouse dies first. Whether you're a high-net-worth individual or just curious about advanced estate planning, this episode gives you a clear, practical understanding of one of the most effective strategies in the estate planner's toolkit.
#EstatePlanning #SLAT #SpousalLifetimeAccessTrust #EstateTax #WealthTransfer #TrustPlanning #TaxStrategy #LifeInsurance #GrantorTrust #HighNetWorth #Finance #Business #FexingoBusiness #BusinessPodcast #WillsAndTrusts #AssetProtection #GenerationalWealth #EstateTaxExemption
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Divorce can dismantle a family fortune faster than taxes or market downturns. In this episode, Lucas and Luna drill into how trusts—specifically spendthrift and discretionary trusts—can shield inherited wealth from a beneficiary's divorce settlement. They walk through a real-world scenario: a client's son, a successful surgeon, faces a high-asset divorce, and the trust structure determines whether the ex-spouse walks away with millions or nothing. Lucas explains the crucial legal distinction between a beneficiary's 'right to demand' versus a trustee's 'sole discretion,' and why a spendthrift clause alone isn't enough. They discuss the 'five and five' power, the role of an independent trustee, and how a trust can preserve wealth for the next generation without encouraging dependency. Luna brings up the emotional side—can a trust protect a child without infantilizing them?—and they examine the trade-offs of control versus protection. By the end, listeners understand the mechanics of asset protection trusts, the importance of drafting language, and why estate planning is also marriage planning. This is episode 154 of Estate Planning with Fexingo: Wills, Trusts, and Passing Wealth to Future Generations.
#EstatePlanning #Trusts #DivorceProtection #SpendthriftTrust #DiscretionaryTrust #AssetProtection #BeneficiaryRights #TrusteeDiscretion #FiveAndFivePower #InheritanceProtection #WealthTransfer #FamilyWealth #FinancialPlanning #Finance #BusinessPodcast #FexingoBusiness #EstatePlanningPodcast #WealthManagement
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In this episode of Estate Planning with Fexingo, Lucas and Luna explore the qualified terminable interest property (QTIP) trust, a powerful tool for married couples who want to provide for a surviving spouse while controlling the ultimate distribution of assets. They walk through a concrete example: a $10 million estate where one spouse has children from a previous marriage, and how a QTIP can ensure the surviving spouse receives income for life while the principal eventually passes to the first spouse's children. They discuss the mandatory income distribution requirement, the executor's election under Section 2056(b)(7), and the trade-offs versus a simple bypass trust. The episode also clarifies common misconceptions, such as whether a QTIP is right for every estate (it's not — it's most useful for blended families and for maximizing the estate tax exemption in portability scenarios). Listeners will learn one actionable takeaway: how to evaluate whether a QTIP belongs in their estate plan.
#QTIPTrust #EstatePlanning #WillsAndTrusts #BlendedFamilies #EstateTax #SpousalTrust #FinancialPlanning #WealthTransfer #TrustLaw #Inheritance #Finance #FexingoBusiness #BusinessPodcast #LegalTips #AssetProtection #FamilyWealth #EstateAttorney #TaxStrategy
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Lucas and Luna dive into the Spousal Lifetime Access Trust, or SLAT, a strategy that lets wealthy couples move assets out of their estates while still retaining indirect access through a spouse. Using a concrete example—a founder with $20 million in assets and a $13.61 million exemption—they explain how a SLAT can freeze estate growth, remove assets from the taxable estate, and provide a safety net if the beneficiary spouse needs funds. They walk through the basic structure, the key trade-offs like loss of direct control and the gift-splitting election, and warn about the risk of divorce or the death of the beneficiary spouse. The episode also touches on how SLATs fit into a broader estate plan, especially for couples with substantial wealth, and closes with a forward-looking thought on the upcoming sunset of the exemption in 2026.
#SpousalLifetimeAccessTrust #SLAT #EstatePlanning #WealthTransfer #Trusts #EstateTax #GiftTax #TaxPlanning #EstateFreeze #WealthManagement #FinancialPlanning #FamilyLegacy #EstateAttorney #Finance #Business #FexingoBusiness #BusinessPodcast #Podcast
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Lucas and Luna dig into the little-known 'swap power' in grantor trusts — the clause that lets the grantor exchange assets with the trust without triggering a taxable event. They explain how this flexibility can help with estate freezes, asset protection, and managing capital gains, using a real-world scenario involving an appreciated rental property and a family business stake. The episode clarifies why the swap power is a favorite of estate attorneys, how it interacts with the grantor trust rules, and the practical limits you need to know before using it. If you've ever wondered how wealthy families move assets in and out of trusts without tax consequences, this is the episode for you.
#SwapPower #GrantorTrust #EstatePlanning #TrustLaw #AssetProtection #EstateFreeze #CapitalGains #FamilyBusiness #RentalProperty #TaxStrategy #WealthTransfer #FexingoBusiness #BusinessPodcast #Finance #EstateTax #TrustsAndEstates #LegalPlanning #Inheritance
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In episode 150, Lucas and Luna explore the Grantor Retained Annuity Trust, or GRAT, a tool that lets wealthy families transfer asset appreciation to heirs with minimal gift tax. Using the 2026 interest rate environment — with the Section 7520 rate still hovering near historic lows — they explain how a simple annuity payment scheme zeroes out the taxable gift and shifts upside to the next generation. Lucas walks through a concrete example: a $10 million asset, a two-year GRAT, and what happens if the asset grows 8 percent versus 3 percent. Luna challenges the strategy's downside — what if you die during the term — and they discuss the 'zeroed-out GRAT' loophole that the IRS keeps trying to close. They also touch on the current political talk about restricting GRATs in budget negotiations, making this a timely listen for anyone with a large estate. If you've heard the term but never understood the mechanics, this episode gives you the framework in plain English, with a clear bottom line: GRATs are a low-rate window that won't stay open forever.
#GrantorRetainedAnnuityTrust #GRAT #EstatePlanning #WealthTransfer #TrustLaw #EstateTax #GiftTax #Section7520 #InterestRates #FinancialPlanning #IRS #AssetProtection #TaxStrategy #Finance #Business #FexingoBusiness #BusinessPodcast #EstatePlanningPodcast
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Lucas and Luna dig into dynasty trusts: the estate-planning tool that can legally sidestep estate taxes for grandchildren, great-grandchildren, and beyond. They break down how the generation-skipping transfer tax (GSTT) works, why the 2026 sunset of the current estate tax exemption makes this a hot topic right now, and how a real-world family used a dynasty trust to preserve wealth across three generations. The episode covers the mechanics, the trade-offs—like loss of control and the rule against perpetuities—and whether a dynasty trust is right for you. If you've ever wondered how ultra-wealthy families keep their money in the family for centuries, this episode lays it out in plain English.
#DynastyTrust #EstatePlanning #GenerationSkippingTransferTax #GSTT #EstateTax #TaxExemption #WealthTransfer #TrustsAndEstates #Finance #BusinessPodcast #FexingoBusiness #LucasAndLuna #EstateTaxSunset #RuleAgainstPerpetuities #FamilyWealth #LegacyPlanning #WealthManagement #InheritancePlanning
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