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In this episode of Estate Planning with Fexingo, Lucas and Luna explore the concept of a 'spendthrift trust' — a legal structure designed to protect assets from an heir's poor money management. They break down how these trusts work, the key provisions that shield them from creditors and divorce, and the grantor's control over distributions. Using a real-world example of a family business owner who wants to pass wealth without enabling reckless spending, they discuss the trade-offs between control and flexibility, and how to structure trust distributions to encourage responsible behavior. This episode is a must-listen for anyone worried about leaving a large inheritance to a beneficiary who may not be ready for it.
#EstatePlanning #Trusts #SpendthriftProvision #AssetProtection #WealthTransfer #Inheritance #TrustLaw #FamilyWealth #FinancialPlanning #Finance #FexingoBusiness #BusinessPodcast #LegacyPlanning #HeirProtection #TrusteeRoles #DistributionPlanning #CreditorProtection #GenerationalWealth
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In this episode, Lucas and Luna dive into asset protection trusts, focusing on how a properly structured trust can shield inherited wealth from your heirs' creditors, lawsuits, and divorce settlements. Using the real-world example of the Johnson family, who placed their son's inheritance in a discretionary trust after he faced a business lawsuit, they explain the mechanics of spendthrift provisions, discretionary distribution standards, and the role of an independent trustee. They also discuss the difference between revocable and irrevocable trusts, the impact of the 2026 sunset on estate planning, and why a trust's creditor protection isn't absolute. Listeners will learn practical steps to protect their family's legacy, including choosing the right trustee and drafting clear distribution language. This episode is essential for anyone who wants to ensure their heirs benefit from their wealth without exposing it to outside claims.
#AssetProtectionTrust #SpendthriftProvision #TrustPlanning #EstatePlanning #FamilyWealth #CreditorProtection #DiscretionaryTrust #TrusteeRole #JohnsonFamilyCase #InheritanceProtection #WealthTransfer #LegacyPlanning #FinancialSecurity #TrustLaw #EstateTax #Finance #FexingoBusiness #BusinessPodcast
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Lucas and Luna explore the family bank trust, a private estate-planning strategy that lets one generation act as the family's lender, funding homes, businesses, and education for heirs while keeping assets out of their taxable estates. They walk through a real-world example: a $3 million trust that loans money to grandchildren at the IRS's applicable federal rate, saving tens of thousands in gift taxes compared to outright gifts. The episode drills into the mechanics — how the trust is funded, how loans are structured and repaid, and why the strategy works best for families with entrepreneurial heirs. It also covers the risks: what happens if loans default, why the trust needs a competent trustee, and how the IRS views below-market interest. By the end, listeners understand the difference between a loan and a gift, and why a family bank can be a powerful tool for passing wealth while teaching financial responsibility. The conversation includes a brief note on how listener support keeps the show ad-free.
#FamilyBankTrust #EstatePlanning #WealthTransfer #Trusts #GiftTax #IRSSection7872 #ApplicableFederalRate #FamilyLending #AssetProtection #FinancialLiteracy #LegacyPlanning #Trustee #EstateTax #Finance #BusinessPodcast #FexingoBusiness #Podcast #WealthManagement
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In this episode of Estate Planning with Fexingo, Lucas and Luna discuss how to structure a trust for a second marriage. They walk through a real-world example involving a blended family, explain the benefits of a qualified terminable interest property (QTIP) trust, and address common pitfalls like inadvertently disinheriting adult children. They also cover the role of a trustee, funding strategies, and how to balance the needs of a new spouse with the interests of heirs from a first marriage. By the end, you'll understand why a one-size-fits-all will often fails in blended families and what specific provisions can prevent costly disputes. Tune in for practical advice on protecting your legacy and ensuring your wishes are honored.
#EstatePlanning #SecondMarriage #BlendedFamily #QTIPTrust #TrustStructure #WealthTransfer #Finance #Business #PersonalFinance #EstateTax #Inheritance #LegacyPlanning #FamilyWealth #FinancialPlanning #Podcast #FexingoBusiness #BusinessPodcast #EstatePlanningPodcast
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When your children inherit wealth, the fear isn't just taxes — it's their ability to manage it. In this episode, Lucas and Luna explore the spendthrift trust, an estate-planning tool that protects assets from a beneficiary's poor financial decisions, creditors, and even divorce. They break down how a spendthrift provision works, why it's not just for the ultra-wealthy, and how it differs from a discretionary trust. Using the example of a family business owner who wants to pass on a $2 million estate without worrying that a son's gambling habit will burn through it, Lucas and Luna walk through the mechanics, the legal protections, and the limitations — including why a spendthrift trust won't shield assets from the IRS or child support. They also discuss how trustees manage distributions and how to balance control with giving heirs financial freedom. If you've ever worried about leaving money to someone who isn't ready for it, this episode offers a practical blueprint. It's a conversation about protecting your legacy — and your loved ones — from the risks that come with sudden wealth.
#SpendthriftTrust #EstatePlanning #AssetProtection #TrustLaw #Inheritance #WealthTransfer #Trustee #Beneficiary #CreditorProtection #Divorce #FamilyBusiness #LegacyPlanning #FinancialPlanning #Finance #Business #FexingoBusiness #BusinessPodcast #EstatePlanningPodcast
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Episode 143 of Estate Planning with Fexingo turns to a little-known but vital estate planning tool: the Crummey power. Named after a 1968 tax case, it's what makes an irrevocable life insurance trust work by turning gifts into present-interest gifts that qualify for the annual gift tax exclusion. Lucas and Luna explain how the Crummey power functions, why the withdrawal rights it creates are essential, and how a poorly drafted notice can undo years of planning. They walk through a real example: a client who funded a three-million-dollar ILIT with annual gifts, and what happened when the trustee forgot to send the Crummey notices. Along the way, they discuss the difference between present and future interests, the role of withdrawal periods, and why the IRS is so particular about those letters. Tune in to understand how a simple piece of paper can save your heirs millions in estate taxes.
#CrummeyPower #IrrevocableLifeInsuranceTrust #EstatePlanning #GiftTaxExclusion #ILIT #WealthTransfer #LifeInsurance #TrustPlanning #EstateTax #IRS #FamilyWealth #GenerationalWealth #Finance #Business #FexingoBusiness #BusinessPodcast #EstatePlanningPodcast #WillsAndTrusts
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In this episode of Estate Planning with Fexingo, Lucas and Luna explore the bypass trust—also known as a credit shelter trust—and how it can shelter the family home from estate taxes and creditor claims. They walk through a real-world example: a couple with a $12 million estate, where a bypass trust saves roughly $1.2 million in federal estate taxes by preserving the deceased spouse's exemption. They discuss the trade-offs, including loss of step-up in basis on the home and the need for careful funding decisions. This episode is perfect for homeowners with significant equity or anyone planning to pass property to heirs without triggering unnecessary taxes.
#BypassTrust #CreditShelterTrust #EstatePlanning #FamilyHome #EstateTax #TrustFunding #StepUpInBasis #WealthTransfer #LegacyPlanning #Finance #Business #Podcast #FexingoBusiness #BusinessPodcast #EstatePlanningPodcast #WillsAndTrusts #TaxPlanning #PropertyPlanning
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In this episode of Estate Planning with Fexingo, Lucas and Luna dive into the Irrevocable Life Insurance Trust (ILIT) — a powerful tool that keeps life insurance proceeds out of your taxable estate. They explain the three-year lookback rule for existing policies, how to fund premiums via annual exclusion gifts, and why business owners and high-net-worth families use ILITs to provide liquidity and avoid estate taxes. Using a concrete example of a $5 million policy that would otherwise lose 40% to taxes, they show how an ILIT can save heirs millions. The hosts also discuss trustee selection, the importance of not retaining incidents of ownership, and common pitfalls like the grantor's loss of control. Perfect for anyone whose life insurance combined with their estate exceeds the federal exemption threshold.
#EstatePlanning #ILIT #LifeInsurance #Trusts #TaxPlanning #WealthTransfer #Inheritance #EstateTax #IrrevocableTrust #FinancialPlanning #BusinessOwners #LiquidityPlanning #Finance #FexingoBusiness #BusinessPodcast #Podcast #EstatePlanningPodcast #LucasAndLuna
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In 2022, a Silicon Valley entrepreneur made headlines by structuring his family trust to require beneficiaries to earn a graduate degree and work for five years before accessing principal. This episode explores the rise of incentive trusts—estate planning tools that tie inheritance to achieving life milestones. We break down common conditions like education, employment, and sobriety, discuss enforceability and public policy limits, and compare incentive trusts to spendthrift provisions. Lucas and Luna debate whether such trusts are empowering or controlling, and offer tips for tailoring conditions to family values without micromanaging from the grave. If you've ever worried about passing on wealth without passing on work ethic, this episode explains how a properly drafted incentive trust can align family legacy with individual ambition.
#IncentiveTrust #EstatePlanning #WealthTransfer #TrustFund #BeneficiaryBehavior #FinancialEducation #FamilyGovernance #DynastyWealth #TrustLaw #EstateTax #Finance #FexingoBusiness #BusinessPodcast #EstatePlanningWithFexingo #GenerationalWealth #TrusteeRole #WealthManagement #LegacyPlanning
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Over 40% of US households now own cryptocurrency, but most estate plans ignore it entirely. Lucas and Luna explore the unique challenges of passing digital assets like Bitcoin, NFTs, and online businesses to the next generation. They break down practical strategies: using a hardware wallet stored with trust documents, setting up multisignature access, and crafting a digital asset inventory that goes beyond passwords. They also examine a real-world case from 2025 where a family lost access to $2.3 million in crypto because the owner died without sharing the private key. If you hold digital wealth or run an online business, this episode will save your heirs from a nightmare.
#Cryptocurrency #EstatePlanning #DigitalAssets #Blockchain #Bitcoin #NFT #PrivateKey #HardwareWallet #Multisignature #Executor #TrustAdministration #WealthTransfer #OnlineBusiness #EstateTax #Finance #FexingoBusiness #BusinessPodcast #EstatePlanningWithFexingo
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