WEBVTT - Death Doesn't Discriminate Make a Plan Now

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<v Speaker 1>Welcome to Love, Death &amp; Money.

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<v Speaker 2>I'm your host, Attorney Naz Baroudi on Talk Radio 790 KABC.

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<v Speaker 2>If you have questions about trust, wills, probate, call the

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<v Speaker 2>station right now at 1-800-222-5222.

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<v Speaker 1>That's 1-800-222-KABC. If this is the first time you're joining

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<v Speaker 1>the program, welcome. My name is Naz Baroudi.

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<v Speaker 2>I've been practicing law in Southern California for the last

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<v Speaker 2>15 years, focusing my practice on making sure that my

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<v Speaker 2>clients have the proper legal documents for the day that

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<v Speaker 2>they pass away or become incapacitated. Now, if you don't

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<v Speaker 2>have an end of life plan, the state of California

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<v Speaker 2>has one for you. And trust me, you are not

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<v Speaker 2>going to like it. For the next hour, I'm going

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<v Speaker 2>to share with you some general information that will help

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<v Speaker 2>you better decide on how to protect your family. As always,

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<v Speaker 2>this information is general in nature. You should always consult

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<v Speaker 2>an attorney about your particular situation. To get more information

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<v Speaker 2>about my practice, you can visit my website, BarutiLaw.com. That's B-A-R-U-T-I-Law.com. Well,

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<v Speaker 2>we've got a lot to go over tonight. Let's talk

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<v Speaker 2>about what end-of-life planning is. Why is it a concern

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<v Speaker 2>for you to get all this information? And what do

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<v Speaker 2>you need to do? So information without implementation is a

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<v Speaker 2>waste of time. So I hope by the end of

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<v Speaker 2>the program tonight, you understand the importance of end-of-life planning

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<v Speaker 2>and then you make a plan to either come into

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<v Speaker 2>our office or call us with any additional questions that

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<v Speaker 2>you have.

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<v Speaker 1>Now, 72% of women and 59% of men.

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<v Speaker 2>In a recent survey said they do not have an

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<v Speaker 2>end-of-life plan. The top reason cited for those that have

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<v Speaker 2>not created a plan is they believe they do not

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<v Speaker 2>have enough money to warrant one. Now, if I told

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<v Speaker 2>you that if you have about $ 209, 000 in assets, you

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<v Speaker 2>need an end-of-life plan, you might be shocked.

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<v Speaker 1>But that's the reality. that if you have about $ 208, 850.

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<v Speaker 2>In assets, meaning bank account, real estate, personal items, your car, jewelry,

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<v Speaker 2>if you add all those things up and it equals

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<v Speaker 2>that amount or more, you need to have an end-of-life plan. Now,

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<v Speaker 2>a lot of listeners will ask me, well, I have

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<v Speaker 2>a mortgage on my house. Do I count the whole

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<v Speaker 2>value of the house? Yes, you count the whole value

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<v Speaker 2>of the house. It doesn't matter if you have a loan. Now,

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<v Speaker 2>when you don't create an end of life plan, what happens?

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<v Speaker 2>What is this plan that the state of California has?

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<v Speaker 2>And why should we be concerned and not go through

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<v Speaker 2>that process and create our own plan? Well, it's called

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<v Speaker 2>probate court. That is the plan that the state has

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<v Speaker 2>for you. And it is not ideal for many reasons.

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<v Speaker 2>One being that this process of probate court is extremely expensive.

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<v Speaker 2>So typically, an attorney, a probate attorney, your family will

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<v Speaker 2>have to hire one to go through this process, can

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<v Speaker 2>charge under two ways, statutory fees and extraordinary fees. Now,

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<v Speaker 2>statutory fees are based on the value of the estate. So,

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<v Speaker 2>for example, the first 4% of the estate, they can take.

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<v Speaker 1>I'm sorry.

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<v Speaker 2>on the first $ 100, 000 of the estate value, an attorney

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<v Speaker 2>can take 4%. On the next 100,000, they take 3%.

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<v Speaker 2>On the next 800,000, the attorney takes 2%. And on

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<v Speaker 2>the next 9 million, they can take a percent. Okay,

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<v Speaker 2>so this all adds up depending on the value of

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<v Speaker 2>the estate. But in addition to statutory fees, extraordinary fees

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<v Speaker 2>are also included. This means that if there's any litigation

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<v Speaker 2>issues that the attorney has to deal with, If there's

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<v Speaker 2>the sale of real estate and any other issues that

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<v Speaker 2>arise through probate, the attorney can charge an hourly fee.

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<v Speaker 2>So if you add the statutory fees and the extraordinary fees,

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<v Speaker 2>this becomes very, very expensive.

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<v Speaker 1>So I have seen some.

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<v Speaker 2>Estates where 50 to 60 percent has been completely wiped

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<v Speaker 2>out just in legal fees.

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<v Speaker 1>And you have to ask yourself what makes more.

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<v Speaker 2>Sense to work with an attorney now to create an

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<v Speaker 2>end of life plan and pay significantly less than what

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<v Speaker 2>probate fees would be or to allow the state to

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<v Speaker 2>step in and implement their plan and have your family

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<v Speaker 2>pay an attorney a huge amount of money unnecessarily to

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<v Speaker 2>access the assets that you would want your family to have.

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<v Speaker 2>I have seen some attorneys make high six figures on

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<v Speaker 2>just one probate case. The second reason you do not

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<v Speaker 2>want to go through probate is this is a time-consuming process.

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<v Speaker 2>On average, it can take anywhere from a year to

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<v Speaker 2>two years to go through this process. And that means

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<v Speaker 2>during that time period, your family members will not be

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<v Speaker 2>able to access the assets. Everything is frozen until the

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<v Speaker 2>court proceeding is completed. That means nobody can go into

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<v Speaker 2>a bank and access bank accounts. Nobody can sell property.

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<v Speaker 2>Nobody can liquidate retirement accounts. And you have to wait

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<v Speaker 2>until this process is over. This becomes very concerning when

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<v Speaker 2>you need to access bank accounts to be able to

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<v Speaker 2>pay for a mortgage, a car note, other credit card expenses,

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<v Speaker 2>funeral expenses. That means you have to try to figure

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<v Speaker 2>out a way to pay out of pocket to make

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<v Speaker 2>sure that Real estate doesn't get foreclosed.

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<v Speaker 1>Cars don't get repossessed.

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<v Speaker 2>And after somebody dies, you also have six months to

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<v Speaker 2>pay any IRS debt.

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<v Speaker 1>So within that period.

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<v Speaker 2>If you don't complete the probate process, you're going to

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<v Speaker 2>have to find a way to pay all these expenses

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<v Speaker 2>and then get reimbursed. There's a misconception that you can

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<v Speaker 2>just walk into the bank and say, I'm so-and-so's wife.

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<v Speaker 2>You've been seeing me every day for the last 30 years.

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<v Speaker 2>Come into the branch with my spouse. Let me access it.

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<v Speaker 2>They're going to look at you like you have two

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<v Speaker 2>heads because legally they are not allowed to disclose anything

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<v Speaker 2>to you, give you access to anything. So you have

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<v Speaker 2>to wait till this process is completed. And finally, this

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<v Speaker 2>all becomes public record. And when things become public, People

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<v Speaker 2>become really creative in trying to figure out ways to

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<v Speaker 2>say that they are a creditor of the estate and

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<v Speaker 2>they are owed X, Y, and Z. We see this

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<v Speaker 2>happen all the time with celebrity cases where people will say, oh,

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<v Speaker 2>you know, he actually owed me this or I'm his

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<v Speaker 2>child and he didn't know I was his child. It

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<v Speaker 2>creates an opportunity for people to get very, very creative

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<v Speaker 2>and stall the process of being able to access the

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<v Speaker 2>assets that are left behind for you. So the solution

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<v Speaker 2>would be to create an end-of-life plan before something happens.

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<v Speaker 2>before you become incapacitated, before, God forbid, you pass away,

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<v Speaker 2>you want to have an end-of-life plan like a revocable

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<v Speaker 2>trust where you control your asset while you are alive.

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<v Speaker 1>And when you pass.

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<v Speaker 2>Away, there's no court involvement because you have named your beneficiaries.

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<v Speaker 2>You are controlling from the grave how your assets are

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<v Speaker 2>to be distributed. You are naming someone or multiple people

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<v Speaker 2>to manage the estate for you. And there's no need

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<v Speaker 2>to have to go through this probate process. Now, despite

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<v Speaker 2>me explaining the plan that the state of California has,

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<v Speaker 2>there are many listeners that would prefer to have their

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<v Speaker 2>family members deal with this.

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<v Speaker 1>On their own when they're gone.

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<v Speaker 2>But my question to those of you that don't want

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<v Speaker 2>to deal with this is, Well, what if your biggest

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<v Speaker 2>asset is real estate and you have one home and

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<v Speaker 2>there's a mortgage on it and your family can't afford

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<v Speaker 2>to find another home because maybe you had a good

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<v Speaker 2>interest rate, they want to assume the loan, but that's

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<v Speaker 2>the only asset that you have and it's going to

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<v Speaker 2>go through probate. No attorney is going to take that

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<v Speaker 2>case if there's no cash involved. And if you're not

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<v Speaker 2>going to sell it, they can't take their fees from

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<v Speaker 2>the sale of the home and So they're going to

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<v Speaker 2>ask your family, okay, where do you plan on paying

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<v Speaker 2>our legal fees? That means they would have to come

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<v Speaker 2>up out of pocket for that amount to be able

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<v Speaker 2>to pay the attorney to help them through this process.

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<v Speaker 2>I have seen many families get stuck in this situation

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<v Speaker 2>where they don't move forward with the probate and the

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<v Speaker 2>title of the house stays in the name of.

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<v Speaker 1>The person who passed away.

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<v Speaker 2>And this just continues on from generation to generation to generation.

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<v Speaker 2>And then Nobody really owns the property. You do not

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<v Speaker 2>want your family to be in this situation. It's unnecessary

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<v Speaker 2>when you have the option to create a plan and

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<v Speaker 2>push out the government from.

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<v Speaker 1>Being involved in your family situation.

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<v Speaker 2>If you're just tuning in, you're listening to Love, Death,

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<v Speaker 2>and Money on Talk Radio 790 KABC. If you need

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<v Speaker 2>to create an end-of-life plan and you've been putting it

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<v Speaker 2>off for way too long, I want you to give

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<v Speaker 2>my office a call right now at 424-465-9003.

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<v Speaker 1>That's 424-465-9003.

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<v Speaker 2>Or you can visit my website, BarutiLaw.com. That's B-A-R-U-T-I-Law.com. And

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<v Speaker 2>if you'd like to order a copy of my bestselling book, Love, Death,

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<v Speaker 2>and Money, you can get it on amazon.com. It's available

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<v Speaker 2>in paperback and Kindle version. This is a legal guide

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<v Speaker 2>for you on how you can protect yourself during different

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<v Speaker 2>stages of life. Again, the book is called love death

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<v Speaker 2>and money and it's available on amazon.com we're going to

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<v Speaker 2>take a quick break and when we come back we

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<v Speaker 2>have tina baruti founder of new capital insurance solutions with

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<v Speaker 2>us stay tuned welcome back to love death and money

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<v Speaker 2>i'm your host attorney naz baruti on talk radio 790k

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<v Speaker 2>abc If you have a question about trust, wills, probate,

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<v Speaker 2>call the station right now at 1-800-222-5222. That's 1-800-222-KABC. We've

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<v Speaker 2>been talking about the importance of end-of-life planning because if

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<v Speaker 2>you don't have a plan, the state of California has

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<v Speaker 2>one for you. And trust me, you're not going to

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<v Speaker 2>like it because it's probate court. In addition to getting

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<v Speaker 2>your legal documents in order.

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<v Speaker 1>Another important part of an.

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<v Speaker 2>Estate plan is preparing yourself financially. That includes not only

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<v Speaker 2>planning for retirement expenses, but also being prepared for long-term costs.

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<v Speaker 2>Our guest, Tina Brody, is the founder of New Capital

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<v Speaker 2>Insurance Solutions. Tonight, she will share with us some insights

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<v Speaker 2>into the long-term care insurance concept. Her office is based

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<v Speaker 2>in Southern California. You can find more information about her

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<v Speaker 2>practice online at newcapitalinsurance.com, or you can reach her office

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<v Speaker 2>directly at 424-465-9001.

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<v Speaker 1>That's 424-465-9001.

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<v Speaker 2>Welcome back, Tina. Thanks for having me on the program, Naza.

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<v Speaker 3>For those of you just tuning in, my name is

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<v Speaker 3>Tina Baruti and I am licensed with the California Department

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<v Speaker 3>of Insurance, license number 4287218. I am the founder of

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<v Speaker 3>New Capital Insurance Solutions, license number 6011901. Now, before we begin,

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<v Speaker 3>please note that these opinions are for general information only

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<v Speaker 3>and are not intended to provide specific advice for any individual.

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<v Speaker 3>please remember to consult with your financial professional to determine

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<v Speaker 3>what may be appropriate for you. Now, September is recognized

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<v Speaker 3>as Life Insurance Awareness Month. So far this month, we've

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<v Speaker 3>discussed different types of life insurance from permanent to term.

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<v Speaker 3>We discussed fixed indexed annuities last week. Tonight, I want

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<v Speaker 3>to talk to your listeners, Naz, about the importance of

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<v Speaker 3>planning for long-term care. If you don't have a plan

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<v Speaker 3>for long-term care, you're faced with a triple burden. First,

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<v Speaker 3>you have the emotional burden. Second, you have that administrative burden.

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<v Speaker 3>And third, you have an economic burden. Now, when it

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<v Speaker 3>comes to the emotional burden, you unfortunately have to cross

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<v Speaker 3>that bridge yourself. So planning can definitely help lessen that stress,

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<v Speaker 3>but you can't really ensure against all of the complicated

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<v Speaker 3>emotions that arise when your loved one's health starts declining

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<v Speaker 3>and they suddenly need around-the-clock care. The economic burden of

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<v Speaker 3>long-term care, which is, you know, extremely expensive, is often

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<v Speaker 3>the catalyst for these conversations with your financial planner. And

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<v Speaker 3>the third and final burden, the administrative burden, is often

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<v Speaker 3>a missed point. many people don't even think about it.

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<v Speaker 3>And when I say administrative burden, I'm not just talking

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<v Speaker 3>about the physical tasks of bathing your loved one, getting

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<v Speaker 3>them in and out of bed, or helping feed them.

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<v Speaker 3>I'm talking about arranging those care services, vetting people on

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<v Speaker 3>your own, constantly having to wonder, is the nurse going

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<v Speaker 3>to show up today?

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<v Speaker 1>Can I even trust this person? The other day, I

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<v Speaker 1>saw a.

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<v Speaker 3>Young woman on the news saying, She drove down to

0:13:41.660 --> 0:13:45.699
<v Speaker 3>Florida after her father stopped answering her calls and discovered

0:13:46.080 --> 0:13:49.790
<v Speaker 3>his caretaker had moved everything out of the house, somehow

0:13:49.870 --> 0:13:52.130
<v Speaker 3>transferred the deed to the house to her name, and

0:13:52.190 --> 0:13:55.150
<v Speaker 3>didn't inform her that her dad had passed away. I mean,

0:13:55.170 --> 0:14:01.030
<v Speaker 3>that's an absolute nightmare. In California, there are incredible new

0:14:01.130 --> 0:14:04.229
<v Speaker 3>products on the market that will help you not only

0:14:04.390 --> 0:14:09.110
<v Speaker 3>lessen that financial burden, but but also will handle all

0:14:09.170 --> 0:14:15.930
<v Speaker 3>of that administrative headache. Many carriers are now offering concierge services.

0:14:16.070 --> 0:14:20.640
<v Speaker 3>They're handling your bills. They're assigning you to caretakers across

0:14:20.680 --> 0:14:24.460
<v Speaker 3>their trusted and vetted network so that when the time

0:14:24.540 --> 0:14:28.420
<v Speaker 3>comes that you or your loved ones need long-term care,

0:14:28.920 --> 0:14:32.780
<v Speaker 3>you and your family are better prepared to tackle this

0:14:32.880 --> 0:14:33.820
<v Speaker 3>difficult period.

0:14:34.750 --> 0:14:37.670
<v Speaker 2>That's a great point and not much different from what

0:14:37.750 --> 0:14:40.870
<v Speaker 2>I share with my clients. Having a long-term care policy

0:14:40.910 --> 0:14:44.070
<v Speaker 2>in place is not just for you, but also for

0:14:44.110 --> 0:14:47.340
<v Speaker 2>your family. What do you say to clients who think

0:14:47.400 --> 0:14:50.540
<v Speaker 2>they are too young to think about long-term care or

0:14:50.660 --> 0:14:53.580
<v Speaker 2>say they are wealthy enough and therefore.

0:14:53.120 --> 0:14:56.380
<v Speaker 3>Don't need to purchase additional insurance? I mean, those are

0:14:56.860 --> 0:15:00.660
<v Speaker 3>excellent questions. I get that pushback all of the time.

0:15:01.370 --> 0:15:04.550
<v Speaker 3>On one hand, I have clients who say, they're too young,

0:15:04.630 --> 0:15:07.350
<v Speaker 3>they're very healthy, they don't need to think about something

0:15:07.490 --> 0:15:11.530
<v Speaker 3>so negative and morbid so far in the future. But

0:15:11.570 --> 0:15:14.860
<v Speaker 3>I always tell them that is the wrong mentality to

0:15:14.920 --> 0:15:17.380
<v Speaker 3>have because you never know what.

0:15:17.240 --> 0:15:18.420
<v Speaker 1>Can happen tomorrow.

0:15:18.560 --> 0:15:20.940
<v Speaker 3>You don't know what your health will look like down

0:15:20.980 --> 0:15:24.600
<v Speaker 3>the line. So it's best practice to lock in that

0:15:24.660 --> 0:15:28.710
<v Speaker 3>coverage when you are young and healthy. When you're applying

0:15:28.780 --> 0:15:31.970
<v Speaker 3>for life insurance, you get a better rating and often

0:15:32.070 --> 0:15:36.250
<v Speaker 3>lower premiums that way. A lot of my high net

0:15:36.310 --> 0:15:40.430
<v Speaker 3>worth clients are under the false impression that they can

0:15:40.470 --> 0:15:44.230
<v Speaker 3>just self-insure their long-term care needs in the future. But

0:15:44.530 --> 0:15:48.470
<v Speaker 3>ask yourself, is your wealth liquid? Or is it tied

0:15:48.550 --> 0:15:52.480
<v Speaker 3>up in real estate, for example? If you're critically ill,

0:15:53.160 --> 0:15:57.080
<v Speaker 3>will your children have a hard time liquidating those assets?

0:15:57.970 --> 0:16:02.010
<v Speaker 3>Do they have the capacity to sell off your investment

0:16:02.030 --> 0:16:06.760
<v Speaker 3>properties to pay for their long-term care expenses? And ask yourself,

0:16:06.920 --> 0:16:10.080
<v Speaker 3>if you do have a large pool of cash, why

0:16:10.120 --> 0:16:13.240
<v Speaker 3>would you take such a huge bite out of your

0:16:13.300 --> 0:16:17.890
<v Speaker 3>net worth to cover long-term care costs when you can

0:16:17.990 --> 0:16:23.670
<v Speaker 3>purchase an insurance policy and leverage your dollars? Self-funding is

0:16:24.110 --> 0:16:27.650
<v Speaker 3>simply not the smartest, nor is it the most efficient

0:16:27.870 --> 0:16:31.970
<v Speaker 3>use of your assets. So with an insurance policy in place,

0:16:32.010 --> 0:16:37.080
<v Speaker 3>you can maximize your dollar, get more in return. For example,

0:16:37.820 --> 0:16:41.780
<v Speaker 3>I had a client whose mother became cognitively impaired and

0:16:41.820 --> 0:16:48.450
<v Speaker 3>was in a Because with a lot of those neurological disorders,

0:16:48.670 --> 0:16:52.320
<v Speaker 3>your quality of life goes down, but your life expectancy

0:16:52.520 --> 0:16:57.520
<v Speaker 3>often doesn't. Their total monthly expenses to keep their mother

0:16:57.720 --> 0:17:03.590
<v Speaker 3>in this facility was around $ 7, 000. The policy she had

0:17:03.680 --> 0:17:07.730
<v Speaker 3>purchased provided them with around $ 5, 500 in coverage each month.

0:17:07.770 --> 0:17:16.340
<v Speaker 3>So their only responsibility was $ 1, 500 a month. Now, I

0:17:16.380 --> 0:17:17.180
<v Speaker 3>don't know about you.

0:17:17.320 --> 0:17:21.660
<v Speaker 1>But I would take the $ 1, 500.

0:17:20.010 --> 0:17:21.830
<v Speaker 3>Over $ 7, 000 a.

0:17:21.970 --> 0:17:23.170
<v Speaker 1>Month any day.

0:17:23.890 --> 0:17:27.659
<v Speaker 3>The goal is really to not go broke trying to

0:17:27.720 --> 0:17:29.980
<v Speaker 3>cover all of those long-term care expenses.

0:17:30.859 --> 0:17:33.359
<v Speaker 2>If you're just tuning in, we're talking Tina Baruti, the

0:17:33.400 --> 0:17:37.940
<v Speaker 2>founder of New Capital Insurance Solutions. To reach her office directly,

0:17:38.010 --> 0:17:39.070
<v Speaker 2>you can call her at 424-465-9001.

0:17:39.150 --> 0:17:39.580
<v Speaker 1>That's 424-465-9001.

0:17:39.690 --> 0:17:51.980
<v Speaker 2>Or you can visit her website, newcapitalinsurance.com. Tina, I do

0:17:52.040 --> 0:17:55.000
<v Speaker 2>agree with you there. On top of that, you have

0:17:55.040 --> 0:17:58.240
<v Speaker 2>to ask yourself, can your family members drop everything to

0:17:58.280 --> 0:18:00.900
<v Speaker 2>take care of you? And what I'm noticing is that

0:18:01.380 --> 0:18:05.850
<v Speaker 2>a lot of younger people are having strokes or heart attacks,

0:18:06.160 --> 0:18:08.370
<v Speaker 2>and they're not able to take care of themselves. People

0:18:08.410 --> 0:18:11.930
<v Speaker 2>in their 40s and 30s, I'm seeing, they most likely,

0:18:12.190 --> 0:18:15.730
<v Speaker 2>family members will not have energy, time, or financial resources

0:18:15.790 --> 0:18:19.690
<v Speaker 2>to take on that task. What are some insurance solutions

0:18:19.830 --> 0:18:20.950
<v Speaker 2>available to listeners?

0:18:21.640 --> 0:18:23.040
<v Speaker 1>Yeah, that's a really good point.

0:18:23.520 --> 0:18:26.440
<v Speaker 3>Now, I want to also emphasize first and foremost that

0:18:26.640 --> 0:18:32.420
<v Speaker 3>Medicare generally does not pay for ongoing custodial care. Many people,

0:18:32.500 --> 0:18:36.040
<v Speaker 3>they assume that they can rely on these government-sponsored programs,

0:18:36.520 --> 0:18:39.790
<v Speaker 3>but the coverage is simply not enough for most individuals.

0:18:40.290 --> 0:18:44.030
<v Speaker 3>And with private coverage, you have more control over what

0:18:44.070 --> 0:18:47.090
<v Speaker 3>your care looks like, which is, you know, hands down

0:18:47.130 --> 0:18:51.590
<v Speaker 3>a more dignified experience. Now, there are lots of great

0:18:51.750 --> 0:18:56.330
<v Speaker 3>approaches I introduce to my clients. One option, and this

0:18:56.369 --> 0:18:59.359
<v Speaker 3>is what most of my younger clients opt for, is

0:18:59.440 --> 0:19:03.600
<v Speaker 3>to add what's called a critical illness rider to your

0:19:03.640 --> 0:19:06.240
<v Speaker 3>life insurance policy for a fee.

0:19:06.540 --> 0:19:08.659
<v Speaker 1>So for example, say you have a.

0:19:08.619 --> 0:19:14.030
<v Speaker 3>$ 100, 000 policy, you have a death benefit of $ 100, 000. If

0:19:14.070 --> 0:19:17.449
<v Speaker 3>you can no longer complete two or more of the

0:19:17.530 --> 0:19:21.879
<v Speaker 3>six activities of daily living, your long-term care coverage is

0:19:21.920 --> 0:19:25.510
<v Speaker 3>then triggered and you go on what's called claim. And

0:19:25.550 --> 0:19:29.210
<v Speaker 3>you can typically, in this scenario, you can use around 4%

0:19:29.210 --> 0:19:34.250
<v Speaker 3>of your death benefit towards your long-term care expenses, which

0:19:34.330 --> 0:19:41.090
<v Speaker 3>gives you, in this scenario, $ 4, 000.

0:19:37.550 --> 0:19:39.010
<v Speaker 1>A month to spend.

0:19:39.990 --> 0:19:43.889
<v Speaker 3>Now, the third option, which is really popular now, is

0:19:44.250 --> 0:19:49.970
<v Speaker 3>asset based long term care. For example, say you have

0:19:50.050 --> 0:19:54.800
<v Speaker 3>a qualified account, meaning pre tax money, like a 401k

0:19:54.859 --> 0:19:59.540
<v Speaker 3>sitting around, you can use that money to fund a

0:19:59.619 --> 0:20:03.880
<v Speaker 3>long term care policy, not only for yourself, but even

0:20:03.980 --> 0:20:06.890
<v Speaker 3>for a spouse. So Take a look at your finances.

0:20:06.970 --> 0:20:09.370
<v Speaker 3>See what's sitting there. What kind of accounts do you

0:20:09.410 --> 0:20:13.010
<v Speaker 3>have that you could use to fund long-term care? Doesn't

0:20:13.030 --> 0:20:16.040
<v Speaker 3>have to be expensive. And let me give you a

0:20:16.100 --> 0:20:21.879
<v Speaker 3>hypothetical scenario. Say we have a male age 60 married

0:20:21.920 --> 0:20:22.899
<v Speaker 3>to a female age 60.

0:20:22.880 --> 0:20:23.679
<v Speaker 1>We are using his $.

0:20:23.600 --> 0:20:34.290
<v Speaker 3>160, 000 IRA and repositioning it to purchase long-term care. With

0:20:34.369 --> 0:20:37.320
<v Speaker 3>some carriers, you can get a 25% bonus on day one,

0:20:37.380 --> 0:20:38.919
<v Speaker 3>meaning that $ 160, 000 grows to $ 200, 000 when the policy goes

0:20:38.940 --> 0:20:42.399
<v Speaker 3>into effect on day one. Now, with the purchase of

0:20:42.420 --> 0:20:44.040
<v Speaker 3>a continuation of benefits rider, they can each receive $ 7, 400

0:20:43.940 --> 0:21:07.850
<v Speaker 3>per month for life, tax-free, for their long-term care expenses

0:21:08.210 --> 0:21:11.410
<v Speaker 3>once they need it. Now, this is just an example

0:21:11.470 --> 0:21:16.090
<v Speaker 3>of how it can look for you. Each person's situation

0:21:16.170 --> 0:21:18.590
<v Speaker 3>is different. So if you give us a call at

0:21:18.670 --> 0:21:24.680
<v Speaker 3>New Capital Insurance Solutions or visit our website, newcapitalinsurance.com, that's

0:21:24.840 --> 0:21:31.270
<v Speaker 3>N-E-W-C-A-P-I-T-A-L insurance.com, You can fill out our client intake form

0:21:31.350 --> 0:21:33.370
<v Speaker 3>and we will respond to you in 24 hours.

0:21:33.970 --> 0:21:35.510
<v Speaker 1>At our office, we can.

0:21:35.330 --> 0:21:40.100
<v Speaker 3>Tailor each policy to your particular needs and financial situation.

0:21:41.130 --> 0:21:44.250
<v Speaker 2>I just wanted to quickly mention that women tend to

0:21:44.350 --> 0:21:48.429
<v Speaker 2>outlive men. So as women listening tonight, you usually are

0:21:48.470 --> 0:21:51.320
<v Speaker 2>the caretakers of the family. But once everybody grows up

0:21:51.410 --> 0:21:54.360
<v Speaker 2>or your spouse passes away, there's no one to essentially

0:21:54.400 --> 0:21:59.300
<v Speaker 2>take care of you. So having this conversation is crucial sooner.

0:21:59.060 --> 0:21:59.879
<v Speaker 1>Rather than later.

0:22:00.359 --> 0:22:02.980
<v Speaker 2>If you want to get started on long-term care planning,

0:22:03.119 --> 0:22:06.320
<v Speaker 2>give Tina Baruti of New Capital Insurance Solutions a call.

0:22:06.760 --> 0:22:17.350
<v Speaker 2>Her number is 424-465-9001. That's 424-465-9001. You can also email

0:22:17.410 --> 0:22:25.550
<v Speaker 2>her at tina at newcapitalinsurance.com. That's tina at newcapitalinsurance.com. Or

0:22:25.609 --> 0:22:29.320
<v Speaker 2>you can visit her website and complete the client intake

0:22:29.359 --> 0:22:36.030
<v Speaker 2>form at newcapitalinsurance.com, newcapitalinsurance.com. Again, the number to reach Tina

0:22:36.090 --> 0:22:46.100
<v Speaker 2>from New Capital Insurance Solutions, 424-465-9001. That's 424-465-9001. Thank you

0:22:46.119 --> 0:22:46.720
<v Speaker 2>so much, Tina.

0:22:46.859 --> 0:22:47.300
<v Speaker 1>Thank you.

0:22:47.480 --> 0:22:51.060
<v Speaker 2>You're listening to Love, Death &amp; Money on Talk Radio 790K.

0:22:51.800 --> 0:22:54.619
<v Speaker 2>Welcome back to Love, Death &amp; Money. I'm your host,

0:22:54.680 --> 0:22:59.490
<v Speaker 2>Attorney Naz Baroudi on Talk Radio 790K ABC. If you

0:22:59.530 --> 0:23:02.280
<v Speaker 2>have a question about trust, wills, probate, call the station

0:23:02.359 --> 0:23:02.830
<v Speaker 2>right now, 1-800-222-5222.

0:23:02.840 --> 0:23:03.320
<v Speaker 1>That's 1-800-222-KABC.

0:23:03.380 --> 0:23:05.040
<v Speaker 2>And I just want to say, I know many people

0:23:05.060 --> 0:23:08.160
<v Speaker 2>have questions that come up while listening to this program.

0:23:16.290 --> 0:23:18.830
<v Speaker 2>They get nervous. They get shy. They think it's a

0:23:18.869 --> 0:23:20.690
<v Speaker 2>stupid question. There's no such thing.

0:23:20.810 --> 0:23:22.950
<v Speaker 1>Change your name. Change the city that you're calling from

0:23:22.990 --> 0:23:23.770
<v Speaker 1>and ask the question.

0:23:23.790 --> 0:23:27.060
<v Speaker 2>Because if you have a question about this topic, I'm

0:23:27.150 --> 0:23:31.379
<v Speaker 2>sure many other listeners also have the same questions. Or

0:23:31.440 --> 0:23:34.600
<v Speaker 2>you can always call the office. We're talking about the

0:23:34.680 --> 0:23:38.040
<v Speaker 2>importance of end-of-life planning, making sure that you have the

0:23:38.119 --> 0:23:40.840
<v Speaker 2>proper legal documents for the day that you pass away

0:23:40.960 --> 0:23:46.040
<v Speaker 2>or become incapacitated. Now, on average, 70% of Americans do

0:23:46.100 --> 0:23:49.290
<v Speaker 2>not have an end-of-life plan, which means that the plan

0:23:49.350 --> 0:23:51.449
<v Speaker 2>that their family has to use is the one that

0:23:51.490 --> 0:23:54.590
<v Speaker 2>the state of California has for them, which is probate court,

0:23:54.990 --> 0:23:58.490
<v Speaker 2>which is expensive, time-consuming, and your family's not going to

0:23:58.530 --> 0:24:02.510
<v Speaker 2>have access to the assets until the probate proceeding is complete.

0:24:02.990 --> 0:24:07.389
<v Speaker 2>And everything becomes public record. So to solve this issue,

0:24:07.410 --> 0:24:11.430
<v Speaker 2>it is important while you have capacity to make sure

0:24:11.490 --> 0:24:14.620
<v Speaker 2>that you create an end-of-life plan where your family doesn't.

0:24:14.420 --> 0:24:15.919
<v Speaker 1>Have to go through this process.

0:24:17.340 --> 0:24:21.360
<v Speaker 2>Not having an end-of-life plan is like driving in your

0:24:21.420 --> 0:24:24.500
<v Speaker 2>car without a seatbelt on. If you get into a

0:24:24.540 --> 0:24:28.160
<v Speaker 2>car accident and you become injured, it's too late to

0:24:28.300 --> 0:24:30.310
<v Speaker 2>ask the paramedics to go back in your car and

0:24:30.330 --> 0:24:33.750
<v Speaker 2>put your seatbelt on. It's the same thing with end-of-life planning.

0:24:33.810 --> 0:24:36.890
<v Speaker 2>If you become incapacitated or you pass away, it's too

0:24:36.930 --> 0:24:39.530
<v Speaker 2>late at that point. I mean, look at what happened

0:24:39.550 --> 0:24:44.100
<v Speaker 2>yesterday with the truck that went into the bus, caused

0:24:44.160 --> 0:24:44.800
<v Speaker 2>an accident.

0:24:45.619 --> 0:24:46.940
<v Speaker 1>Multiple people were injured.

0:24:47.320 --> 0:24:50.880
<v Speaker 2>And then we have NBC News flying above and then

0:24:50.960 --> 0:24:54.560
<v Speaker 2>their helicopter crashes. Then two people on the ground get in,

0:24:54.660 --> 0:24:56.920
<v Speaker 2>pass away, get hit. I mean, it's just, it's a

0:24:57.000 --> 0:25:00.800
<v Speaker 2>chain reaction. And nobody that morning probably woke up and said,

0:25:01.260 --> 0:25:03.500
<v Speaker 2>you know what? Today's the day I'm going to die. Like,

0:25:03.540 --> 0:25:08.379
<v Speaker 2>you just don't know. And death does not discriminate against age, gender,

0:25:08.460 --> 0:25:11.750
<v Speaker 2>socioeconomic level. When it's your time to go, it's your

0:25:11.790 --> 0:25:15.310
<v Speaker 2>time to go. But when you have this information that

0:25:15.350 --> 0:25:18.369
<v Speaker 2>the state is going to get involved and it's going

0:25:18.390 --> 0:25:23.020
<v Speaker 2>to become complicated and your family is going to have

0:25:23.060 --> 0:25:26.280
<v Speaker 2>to go through these court proceedings, you should do the

0:25:26.340 --> 0:25:28.419
<v Speaker 2>right thing and create an end-of-life plan.

0:25:28.460 --> 0:25:28.560
<v Speaker 3>Now.

0:25:29.369 --> 0:25:33.609
<v Speaker 2>I understand it's an uncomfortable conversation. I understand people think

0:25:33.690 --> 0:25:37.609
<v Speaker 2>it's very expensive. If you think creating an end-of-life plan

0:25:37.650 --> 0:25:41.230
<v Speaker 2>is expensive, not having a plan is 100 times more expensive.

0:25:42.070 --> 0:25:43.980
<v Speaker 1>And just to be transparent, I.

0:25:43.970 --> 0:25:48.800
<v Speaker 2>Don't charge hourly to create an end-of-life plan for my clients.

0:25:48.940 --> 0:25:52.200
<v Speaker 2>We typically have a fixed fee that we charge that

0:25:52.240 --> 0:25:55.000
<v Speaker 2>makes it easier for our clients to understand how the

0:25:55.080 --> 0:25:59.490
<v Speaker 2>fee structure works. Because nothing is more infuriating than going

0:25:59.530 --> 0:26:02.490
<v Speaker 2>to an attorney. They give you their hourly rate and

0:26:02.520 --> 0:26:05.260
<v Speaker 2>you ask them how much it's going to be, how

0:26:05.300 --> 0:26:07.220
<v Speaker 2>much time they're going to spend on it. And they're like,

0:26:07.359 --> 0:26:09.680
<v Speaker 2>it's too hard to tell. It's too hard.

0:26:09.770 --> 0:26:11.050
<v Speaker 1>I can't give you a price.

0:26:11.450 --> 0:26:16.310
<v Speaker 2>That's what discourages clients from working with you. But when

0:26:16.330 --> 0:26:19.230
<v Speaker 2>you're straightforward and they know how much it's going to

0:26:19.270 --> 0:26:21.469
<v Speaker 2>cost going in, how much it's going to cost going out,

0:26:21.830 --> 0:26:25.199
<v Speaker 2>it becomes an easier process. And I find that creating

0:26:25.280 --> 0:26:28.880
<v Speaker 2>end-of-life plans, it's easier if it's a fixed fee. Now,

0:26:29.520 --> 0:26:33.960
<v Speaker 2>when it becomes too expensive or too confusing, that's when

0:26:34.000 --> 0:26:38.859
<v Speaker 2>I see... People using online resources or becoming creative or

0:26:38.980 --> 0:26:43.320
<v Speaker 2>using chat GPT or AI, and that creates problems because

0:26:43.660 --> 0:26:50.500
<v Speaker 2>those machines, they're essentially machines and online resources, are not human, okay?

0:26:50.640 --> 0:26:54.330
<v Speaker 2>There are errors that can occur, or you do something wrong,

0:26:54.630 --> 0:26:57.350
<v Speaker 2>or you don't record something properly. You don't want to

0:26:57.390 --> 0:27:02.090
<v Speaker 2>take this risk when you're talking about legal issues. Now,

0:27:03.000 --> 0:27:07.870
<v Speaker 2>Some other services that my office provides, many listeners will ask.

0:27:07.890 --> 0:27:09.810
<v Speaker 2>I just want to go through them very quickly so

0:27:10.410 --> 0:27:15.140
<v Speaker 2>you have an understanding. Trust and will disputes. If you

0:27:15.220 --> 0:27:18.080
<v Speaker 2>have a trust in a state administration that you need

0:27:18.140 --> 0:27:24.199
<v Speaker 2>help with. conservatorship issues, probate, if you need help creating

0:27:24.240 --> 0:27:30.460
<v Speaker 2>an end-of-life plan, business planning, prenuptial and postnuptial agreements, trustee services.

0:27:31.160 --> 0:27:35.260
<v Speaker 2>These are all services that our office provide for our clients.

0:27:35.500 --> 0:27:37.380
<v Speaker 2>And if you want to get more information, you can

0:27:37.420 --> 0:27:45.290
<v Speaker 2>visit my website, BarutiLaw.com, B-A-R-U-T-I-Law.com. Now, creating an end-of-life plan

0:27:45.450 --> 0:27:51.090
<v Speaker 2>is essentially organizing your life. It's an opportunity for you

0:27:51.220 --> 0:27:55.590
<v Speaker 2>to organize everything that you have. I think the greatest

0:27:55.670 --> 0:27:58.790
<v Speaker 2>gift you can give your family, the final gift you

0:27:58.810 --> 0:28:03.990
<v Speaker 2>can give is having your affairs together and organized. Nothing

0:28:04.050 --> 0:28:06.889
<v Speaker 2>is worse than when someone dies and you're trying to

0:28:06.930 --> 0:28:10.550
<v Speaker 2>figure out what's their login password for their phone, where

0:28:10.590 --> 0:28:14.469
<v Speaker 2>they had accounts, did they have life insurance? And if

0:28:14.710 --> 0:28:17.510
<v Speaker 2>you don't know what you have, your family's not going

0:28:17.530 --> 0:28:21.230
<v Speaker 2>to know what you had. So when clients sit down

0:28:21.290 --> 0:28:24.670
<v Speaker 2>with me, we go over a questionnaire. I ask questions

0:28:25.170 --> 0:28:28.959
<v Speaker 2>and they're very detailed. And sometimes when I say, okay,

0:28:28.980 --> 0:28:32.180
<v Speaker 2>you have a retirement account. Where are your accounts? They

0:28:32.220 --> 0:28:34.980
<v Speaker 2>look at me like I'm speaking a different language. They're like,

0:28:35.140 --> 0:28:37.149
<v Speaker 2>I know I have a retirement account.

0:28:37.570 --> 0:28:39.430
<v Speaker 1>I don't know how much. I don't know where it is.

0:28:39.530 --> 0:28:41.550
<v Speaker 1>I don't know what type of account it is. This

0:28:41.630 --> 0:28:45.510
<v Speaker 1>is bad. But the good news is you're still alive.

0:28:46.060 --> 0:28:49.540
<v Speaker 2>And you're taking the right steps so we can find

0:28:49.580 --> 0:28:53.459
<v Speaker 2>that information together, right? There's no database for your family

0:28:53.530 --> 0:28:56.209
<v Speaker 2>to log into to see what you had. So when

0:28:56.230 --> 0:28:58.810
<v Speaker 2>you come into my office, I create the legal documents

0:28:58.830 --> 0:29:01.430
<v Speaker 2>for you, but I give them to you in this

0:29:02.010 --> 0:29:05.530
<v Speaker 2>legal binder that I have perfected over the last 15 years,

0:29:06.010 --> 0:29:11.090
<v Speaker 2>which has different tabs. for you to organize your life.

0:29:11.190 --> 0:29:14.360
<v Speaker 2>So there's the legal tab. So we got the trust, will,

0:29:14.480 --> 0:29:18.080
<v Speaker 2>financial power of attorney, medical power of attorney. Then we

0:29:18.140 --> 0:29:24.380
<v Speaker 2>have financial statements, investment plans, life insurance policies, retirement plans,

0:29:24.860 --> 0:29:32.650
<v Speaker 2>corporation LLC interests, personal information, personal and family history, personal items, miscellaneous.

0:29:33.250 --> 0:29:34.390
<v Speaker 1>This allows you.

0:29:34.250 --> 0:29:38.260
<v Speaker 2>An opportunity to to put the statements for every account

0:29:38.300 --> 0:29:43.640
<v Speaker 2>you have, the deeds for real estate mortgage paperwork life

0:29:43.700 --> 0:29:47.680
<v Speaker 2>insurance policies in one place so if you pass away

0:29:47.700 --> 0:29:51.640
<v Speaker 2>someone just opens up this booklet and everything is organized

0:29:52.780 --> 0:29:55.640
<v Speaker 2>But you cannot do all of this without the help,

0:29:55.740 --> 0:30:00.410
<v Speaker 2>the guidance of an attorney because we strategically ask you

0:30:00.470 --> 0:30:03.910
<v Speaker 2>questions because we know we want to be 10 steps

0:30:03.990 --> 0:30:07.300
<v Speaker 2>ahead of potential issues that can arise. So this is

0:30:07.320 --> 0:30:11.090
<v Speaker 2>a great opportunity for you to organize your life. Now,

0:30:11.470 --> 0:30:15.190
<v Speaker 2>one group of Americans that I'm very concerned.

0:30:14.710 --> 0:30:17.150
<v Speaker 1>About are baby boomers. And many of you.

0:30:17.070 --> 0:30:22.070
<v Speaker 2>Listen to talk radio. That's your form of entertainment, information.

0:30:22.170 --> 0:30:25.210
<v Speaker 2>And I love talk radio myself. I've been on talk

0:30:25.250 --> 0:30:27.430
<v Speaker 2>radio for over 10 years. I think this is a

0:30:27.510 --> 0:30:32.390
<v Speaker 2>great way to share this information and tell the masses

0:30:32.570 --> 0:30:36.920
<v Speaker 2>about the importance of end-of-life planning and But baby boomers

0:30:37.220 --> 0:30:39.530
<v Speaker 2>were in the right place at the right time. So

0:30:39.980 --> 0:30:46.090
<v Speaker 2>following World War II, this generation experienced immense economic growth.

0:30:46.190 --> 0:30:51.650
<v Speaker 2>So they were born between 1946 and 1964. The state

0:30:51.690 --> 0:30:57.490
<v Speaker 2>of affairs allowed them the golden opportunity to accumulate a

0:30:57.550 --> 0:31:03.080
<v Speaker 2>lot of wealth throughout their lifetimes. Boomers born between 1946

0:31:03.080 --> 0:31:07.180
<v Speaker 2>and 1964 are currently the wealthiest generation.

0:31:06.740 --> 0:31:07.240
<v Speaker 1>On the planet.

0:31:07.640 --> 0:31:12.610
<v Speaker 2>Congratulations, you've beat all us millennials. We will never know

0:31:12.650 --> 0:31:15.530
<v Speaker 2>what it's like necessarily to be a homeowner or to

0:31:15.570 --> 0:31:21.510
<v Speaker 2>have multiple properties. Their net worth falls between about a

0:31:21.610 --> 0:31:26.000
<v Speaker 2>million to a million two, okay, according to Fortune. In

0:31:26.040 --> 0:31:30.560
<v Speaker 2>the late 1950s through the 80s, many families lived relatively

0:31:30.620 --> 0:31:35.000
<v Speaker 2>well without attending university and working in the trades. You

0:31:35.020 --> 0:31:38.020
<v Speaker 2>didn't need to enter a six-figure debt to earn a

0:31:38.060 --> 0:31:43.060
<v Speaker 2>college degree. Home prices were affordable, and this allowed you

0:31:43.240 --> 0:31:45.660
<v Speaker 2>to purchase a lot of assets.

0:31:46.530 --> 0:31:49.710
<v Speaker 1>The silent generation, the parents of the boomer and boomers,

0:31:49.850 --> 0:31:55.770
<v Speaker 1>will pass down $ 84 trillion in in the next 20 years.

0:31:56.690 --> 0:31:59.930
<v Speaker 2>Now, this is alarming because we also know the numbers

0:31:59.990 --> 0:32:03.590
<v Speaker 2>that 70% of Americans do not have an end-of-life plan.

0:32:04.590 --> 0:32:08.730
<v Speaker 2>So you, as a generation that's the wealthiest generation, you

0:32:08.790 --> 0:32:14.930
<v Speaker 2>have a lot to transfer over to your family, your children, grandchildren, whoever.

0:32:14.610 --> 0:32:17.510
<v Speaker 1>You want to leave it to. Do not create a

0:32:17.530 --> 0:32:19.530
<v Speaker 1>situation where.

0:32:19.110 --> 0:32:25.120
<v Speaker 2>All that wealth gets taken away by an attorney. Okay,

0:32:25.550 --> 0:32:29.170
<v Speaker 2>you don't need to make attorneys wealthier than they already are. Okay,

0:32:29.410 --> 0:32:33.210
<v Speaker 2>this is an opportunity for you to organize your life,

0:32:33.810 --> 0:32:37.830
<v Speaker 2>to make sure that the home you have transfers to

0:32:37.890 --> 0:32:42.270
<v Speaker 2>your children, that it doesn't go through probate, that it

0:32:42.310 --> 0:32:47.210
<v Speaker 2>doesn't create a dispute, that you have decided how your

0:32:47.260 --> 0:32:50.160
<v Speaker 2>house is to be transferred, that you want to make

0:32:50.240 --> 0:32:51.860
<v Speaker 2>sure that your family doesn't.

0:32:51.640 --> 0:32:54.260
<v Speaker 1>Have to go through a court proceeding.

0:32:54.890 --> 0:32:57.570
<v Speaker 2>To be able to access something that you've worked your

0:32:57.610 --> 0:33:01.850
<v Speaker 2>whole life to attain and pay off. So this is

0:33:01.930 --> 0:33:06.290
<v Speaker 2>very important. And some of you listening tonight, you think, oh, well,

0:33:06.330 --> 0:33:10.870
<v Speaker 2>I hold everything jointly with my spouse. But are you

0:33:10.990 --> 0:33:15.390
<v Speaker 2>sure about that? I can't tell you how many times couples,

0:33:15.550 --> 0:33:17.490
<v Speaker 2>married couples are like, we don't need to create end

0:33:17.530 --> 0:33:19.770
<v Speaker 2>of life plan because we're holding everything together. So if

0:33:19.850 --> 0:33:22.570
<v Speaker 2>one of us goes, the other one will be in control. Well,

0:33:22.590 --> 0:33:25.450
<v Speaker 2>there's issues with that mentality. One, you could both go

0:33:25.490 --> 0:33:27.810
<v Speaker 2>at the same time in a car accident. And then

0:33:27.830 --> 0:33:31.850
<v Speaker 2>that creates probate issues. Or two, there's certain assets that

0:33:32.110 --> 0:33:34.950
<v Speaker 2>maybe you don't know about, or you think you're on title,

0:33:35.050 --> 0:33:37.990
<v Speaker 2>but you're not. Especially with real estate. When was the

0:33:38.070 --> 0:33:40.150
<v Speaker 2>last time you checked to see if you were on

0:33:40.170 --> 0:33:43.870
<v Speaker 2>the deed of a house? You probably haven't checked. You

0:33:43.910 --> 0:33:47.489
<v Speaker 2>probably are just assuming. But when you create an end

0:33:47.530 --> 0:33:50.460
<v Speaker 2>of life plan, it's an opportunity for you to figure

0:33:50.580 --> 0:33:53.140
<v Speaker 2>out what's in your name, what's in your spouse's name,

0:33:53.180 --> 0:33:56.980
<v Speaker 2>what's in both of your names. Now, married couples sometimes

0:33:57.180 --> 0:33:59.420
<v Speaker 2>think that they're on title, but one of them had

0:33:59.480 --> 0:34:02.979
<v Speaker 2>maybe bad credit and couldn't qualify for a loan. So

0:34:03.030 --> 0:34:06.070
<v Speaker 2>what they did is they put the property that's community

0:34:06.130 --> 0:34:10.990
<v Speaker 2>property on In one spouse's name because that spouse had

0:34:11.770 --> 0:34:14.669
<v Speaker 2>the best credit. So the loan was only in their name.

0:34:14.710 --> 0:34:15.830
<v Speaker 2>So they're holding title.

0:34:16.250 --> 0:34:19.100
<v Speaker 1>If that spouse dies, that property is going to go

0:34:19.120 --> 0:34:19.760
<v Speaker 1>through probate.

0:34:20.940 --> 0:34:24.820
<v Speaker 2>So do not allow speculation or just guessing to rule

0:34:24.860 --> 0:34:27.339
<v Speaker 2>your life. This is an opportunity for you to call

0:34:27.380 --> 0:34:31.460
<v Speaker 2>my office, make an appointment, and create an end-of-life plan.

0:34:32.060 --> 0:34:34.120
<v Speaker 2>To make an appointment with me, Attorney Naz Baruti, you

0:34:34.140 --> 0:34:35.739
<v Speaker 2>can call my office right now at 424-465-9003.

0:34:35.800 --> 0:34:36.200
<v Speaker 1>That's 424-465-9003.

0:34:36.320 --> 0:34:50.930
<v Speaker 2>Or you can visit my website, BarutiLaw.com. That's B-A-R-U-T-I-Law.com. Again,

0:34:51.070 --> 0:34:56.930
<v Speaker 2>the number to reach me, 424-465-9003. We're going to take

0:34:56.950 --> 0:34:58.750
<v Speaker 2>a quick break, and when we come back, we're going

0:34:58.770 --> 0:35:01.710
<v Speaker 2>to talk about asset protection. You're listening to Love, Death &amp;

0:35:01.710 --> 0:35:06.089
<v Speaker 2>Money on Talk Radio 790k ABC. Welcome back to Love,

0:35:06.110 --> 0:35:09.029
<v Speaker 2>Death &amp; Money. I'm your host, attorney Naz Baroudi on

0:35:09.070 --> 0:35:14.960
<v Speaker 2>Talk Radio 790k ABC. If you have a question about trust, wills, probate,

0:35:14.980 --> 0:35:23.739
<v Speaker 2>call the station right now, 1-800-222-5222. That's 1-800-222-KABC. To get

0:35:23.780 --> 0:35:30.840
<v Speaker 2>more information about my practice, you can visit my website, BarutiLaw.com, B-A-R-U-T-I-Law.com.

0:35:31.360 --> 0:35:32.940
<v Speaker 2>And if you'd like to order a copy of my

0:35:33.000 --> 0:35:35.520
<v Speaker 2>bestselling book, Love, Death, and Money, you can get it

0:35:35.600 --> 0:35:38.819
<v Speaker 2>on Amazon.com. This is a legal guide for you on

0:35:38.900 --> 0:35:41.560
<v Speaker 2>how you can protect yourself during different stages of life.

0:35:41.960 --> 0:35:44.820
<v Speaker 2>The first part of the book goes through what's end-of-life planning,

0:35:44.860 --> 0:35:47.620
<v Speaker 2>and the second part is traps to avoid. These are

0:35:47.680 --> 0:35:50.670
<v Speaker 2>real-life stories of individuals, some who had plans and some

0:35:50.710 --> 0:35:53.750
<v Speaker 2>who did not, and the devastating consequences it had. It's

0:35:53.790 --> 0:35:56.660
<v Speaker 2>available in paperback and Kindle version. Again, the book is

0:35:56.700 --> 0:35:59.100
<v Speaker 2>called Love, Death, and Money, and you can find it

0:35:59.239 --> 0:36:02.870
<v Speaker 2>on Amazon.com. Now, we've been talking about the importance of

0:36:03.050 --> 0:36:05.830
<v Speaker 2>end-of-life planning, because if you don't have a plan, the

0:36:05.870 --> 0:36:08.629
<v Speaker 2>state of California has one for you, and it's called

0:36:08.710 --> 0:36:12.890
<v Speaker 2>probate court, which is expensive, time-consuming, your family's not going

0:36:12.910 --> 0:36:15.339
<v Speaker 2>to have access to the assets that you leave behind,

0:36:15.840 --> 0:36:20.460
<v Speaker 2>and everything becomes public record. When we talk about end-of-life planning,

0:36:20.520 --> 0:36:24.900
<v Speaker 2>we're mostly talking about revocable trust, where you're in control

0:36:24.980 --> 0:36:28.640
<v Speaker 2>over the asset. And once you pass away, it avoids

0:36:28.760 --> 0:36:32.299
<v Speaker 2>probate and your trustee will take over and distribute your

0:36:32.440 --> 0:36:36.980
<v Speaker 2>assets to your beneficiaries. Now, I want to make one

0:36:37.020 --> 0:36:43.759
<v Speaker 2>clarification about revocable trusts. Revocable trusts do not protect you

0:36:44.110 --> 0:36:46.489
<v Speaker 2>from creditor claims or lawsuits.

0:36:47.270 --> 0:36:47.450
<v Speaker 3>Okay?

0:36:47.469 --> 0:36:51.610
<v Speaker 2>I'm going to say that one more time. A revocable trust...

0:36:52.140 --> 0:36:58.390
<v Speaker 2>does not protect you from creditor claims or lawsuits. Just

0:36:58.450 --> 0:37:01.450
<v Speaker 2>because the title of your house is in a trust

0:37:01.910 --> 0:37:04.969
<v Speaker 2>does not mean somebody cannot put a lien on it

0:37:05.210 --> 0:37:10.459
<v Speaker 2>or access it through a creditor claim. Revocable trusts help

0:37:10.520 --> 0:37:13.700
<v Speaker 2>you avoid probate, okay? But why do we want to

0:37:13.739 --> 0:37:17.820
<v Speaker 2>have this conversation about asset protection? Well, every 30 seconds

0:37:17.880 --> 0:37:20.900
<v Speaker 2>a lawsuit is filed in this country. And so it's

0:37:20.920 --> 0:37:24.509
<v Speaker 2>an important conversation to have. There are certain groups of

0:37:24.630 --> 0:37:32.410
<v Speaker 2>individuals that should have an asset protection plan 100%.

0:37:32.030 --> 0:37:33.149
<v Speaker 1>Sooner rather than later.

0:37:34.210 --> 0:37:36.700
<v Speaker 2>Now, if you fall within one of these categories, you

0:37:36.739 --> 0:37:39.560
<v Speaker 2>should definitely give my office a call. So if you

0:37:39.600 --> 0:37:43.360
<v Speaker 2>have paid off property, if you are a landlord and

0:37:43.400 --> 0:37:47.069
<v Speaker 2>you have tenants, if you have children under the age

0:37:47.160 --> 0:37:51.270
<v Speaker 2>of 18 who are driving, If you are a business

0:37:51.370 --> 0:37:54.069
<v Speaker 2>owner and if you are in a profession where you're

0:37:54.110 --> 0:37:58.540
<v Speaker 2>at high risk for getting sued, okay, like a physician

0:37:58.600 --> 0:38:02.600
<v Speaker 2>or you're in the construction business. Now, I get a

0:38:02.760 --> 0:38:08.590
<v Speaker 2>lot of phone calls from people who are already involved

0:38:08.630 --> 0:38:12.649
<v Speaker 2>in lawsuits, right? And it's litigation left and right. And

0:38:13.190 --> 0:38:17.279
<v Speaker 2>it doesn't look too good. And timing is everything. I

0:38:17.320 --> 0:38:20.620
<v Speaker 2>cannot create an asset protection plan for you when you're

0:38:20.800 --> 0:38:23.040
<v Speaker 2>in the middle of a lawsuit. Because anything I do

0:38:23.640 --> 0:38:26.840
<v Speaker 2>at that point could be considered a fraudulent transfer.

0:38:26.860 --> 0:38:34.390
<v Speaker 1>Okay? Now, I talk to clients about asset protection all

0:38:34.430 --> 0:38:34.790
<v Speaker 1>the time.

0:38:35.640 --> 0:38:38.239
<v Speaker 2>I get a lot of pushback because they don't want

0:38:38.260 --> 0:38:39.110
<v Speaker 2>to pay for it.

0:38:39.410 --> 0:38:42.149
<v Speaker 1>They don't understand it. I try to explain it to them.

0:38:42.710 --> 0:38:47.590
<v Speaker 2>They come up with excuses and then boom, something happens.

0:38:48.030 --> 0:38:50.910
<v Speaker 2>And then they go revisit that conversation and they're like, okay,

0:38:50.930 --> 0:38:53.620
<v Speaker 2>I'm ready to start. It's too late at that point.

0:38:53.680 --> 0:38:56.419
<v Speaker 2>And I hate being the person to say, I told

0:38:56.460 --> 0:39:00.400
<v Speaker 2>you so. But one thing that tends to happen a

0:39:00.440 --> 0:39:04.100
<v Speaker 2>lot is some of my clients.

0:39:05.540 --> 0:39:11.060
<v Speaker 2>They get into really bad car accidents and the other

0:39:11.100 --> 0:39:15.859
<v Speaker 2>person involved gets injured. There may be a situation where

0:39:15.880 --> 0:39:19.879
<v Speaker 2>they become paralyzed or my client was at fault. My

0:39:19.940 --> 0:39:22.910
<v Speaker 2>client maybe ran a red light. My client may have

0:39:22.950 --> 0:39:25.390
<v Speaker 2>been drunk when they were driving or high.

0:39:26.410 --> 0:39:31.280
<v Speaker 1>It was an accident. Stuff happens. But at that point,

0:39:32.200 --> 0:39:33.739
<v Speaker 1>it's too late for me to help you.

0:39:33.760 --> 0:39:34.880
<v Speaker 3>Okay.

0:39:35.600 --> 0:39:41.240
<v Speaker 2>So the excuses that many people will have is, but Naz,

0:39:41.300 --> 0:39:46.549
<v Speaker 2>I have insurance. I have car insurance. I have Malpractice insurance.

0:39:47.010 --> 0:39:49.990
<v Speaker 2>I have umbrella insurance. That's great.

0:39:50.540 --> 0:39:52.900
<v Speaker 1>Get all the insurance that you want.

0:39:53.400 --> 0:39:57.219
<v Speaker 2>I'm not denying that insurance is a great thing. However,

0:39:57.940 --> 0:40:00.570
<v Speaker 2>be aware of the fact that there are policy limits.

0:40:01.270 --> 0:40:05.290
<v Speaker 2>If you have a $ 250, 000 policy limit for car accidents

0:40:05.870 --> 0:40:08.890
<v Speaker 2>and you hit someone and you paralyze them and they

0:40:09.030 --> 0:40:13.450
<v Speaker 2>sue you for $ 5 million, well, your insurance is only

0:40:13.590 --> 0:40:16.640
<v Speaker 2>obligated to pay out $ 250, 000. Where do you think the

0:40:16.700 --> 0:40:18.420
<v Speaker 2>rest of the money is going to come from? They're

0:40:18.440 --> 0:40:20.140
<v Speaker 2>going to come after your personal assets.

0:40:21.400 --> 0:40:25.720
<v Speaker 1>Okay? That's an issue with insurance. Also, they can deny

0:40:25.760 --> 0:40:30.120
<v Speaker 1>your claim. If you are driving drunk... and you hit

0:40:30.160 --> 0:40:31.720
<v Speaker 1>someone and you paralyze.

0:40:31.280 --> 0:40:34.339
<v Speaker 2>Them, do you think there's not a clause in your

0:40:34.400 --> 0:40:39.030
<v Speaker 2>insurance policy where they can deny that claim? So insurance

0:40:39.070 --> 0:40:41.609
<v Speaker 2>is only the first line of defense. So we want

0:40:41.630 --> 0:40:45.630
<v Speaker 2>to have different layers of protection. The second line of

0:40:45.690 --> 0:40:49.770
<v Speaker 2>defense should be maximizing exempt assets.

0:40:49.850 --> 0:40:50.790
<v Speaker 1>What do I mean by that?

0:40:51.190 --> 0:40:55.569
<v Speaker 2>There are certain assets that that are protected by statute,

0:40:55.650 --> 0:40:59.170
<v Speaker 2>that if your money is in these vehicles, a creditor

0:40:59.230 --> 0:41:02.780
<v Speaker 2>cannot touch it. But the problem is many of you

0:41:03.050 --> 0:41:09.800
<v Speaker 2>listening are overfunding taxable accounts and underfunding these protected vehicles

0:41:09.840 --> 0:41:12.759
<v Speaker 2>that are available to you because nobody ever told you

0:41:12.780 --> 0:41:17.000
<v Speaker 2>that these types of accounts will save you in a lawsuit.

0:41:17.960 --> 0:41:20.140
<v Speaker 2>What you're doing is putting everything in a checking or

0:41:20.180 --> 0:41:23.279
<v Speaker 2>savings account. And that's the wrong thing to do. So

0:41:23.340 --> 0:41:27.260
<v Speaker 2>if you want to get more information about these exempt assets,

0:41:27.880 --> 0:41:31.430
<v Speaker 2>please give my office a call. Third, a lot of

0:41:31.510 --> 0:41:36.109
<v Speaker 2>business owners do not properly set up business entities. Now

0:41:36.150 --> 0:41:41.290
<v Speaker 2>I'm talking about corporations, limited liability companies. People walk into

0:41:41.330 --> 0:41:45.430
<v Speaker 2>my office and they're sole proprietors. Everything's in their personal name.

0:41:45.969 --> 0:41:49.130
<v Speaker 2>If they do one wrong thing, in the course of

0:41:49.170 --> 0:41:53.330
<v Speaker 2>their business, all their personal assets are in jeopardy. Or

0:41:53.410 --> 0:41:56.529
<v Speaker 2>if they get into a car accident, then all their

0:41:56.570 --> 0:42:01.259
<v Speaker 2>business assets are at jeopardy. Some of you have registered

0:42:01.380 --> 0:42:04.700
<v Speaker 2>business names and you think you're a legitimate business, but

0:42:04.739 --> 0:42:07.920
<v Speaker 2>you don't have operating agreements, you don't keep minutes, you

0:42:07.940 --> 0:42:10.540
<v Speaker 2>don't have bylaws, you have nothing, you just have a

0:42:10.580 --> 0:42:13.960
<v Speaker 2>registered name. So what happens in California, if you're not

0:42:14.060 --> 0:42:18.549
<v Speaker 2>properly operating as a business, A court can view that

0:42:18.730 --> 0:42:21.420
<v Speaker 2>as you're just acting as an individual and they have

0:42:21.460 --> 0:42:24.880
<v Speaker 2>something called piercing the corporate veil, meaning they will go

0:42:25.500 --> 0:42:29.020
<v Speaker 2>into the business and whatever the business owns, they can access.

0:42:30.280 --> 0:42:32.970
<v Speaker 2>So you need to make sure that you have proper

0:42:33.070 --> 0:42:38.370
<v Speaker 2>business entities, one entity to earn income and one entity

0:42:38.450 --> 0:42:43.830
<v Speaker 2>to own assets like equipment and real estate. Also, The

0:42:44.090 --> 0:42:47.310
<v Speaker 2>next line of defense is having asset protection trusts.

0:42:47.660 --> 0:42:49.340
<v Speaker 1>These are not revocable trusts.

0:42:49.680 --> 0:42:53.719
<v Speaker 2>These are typically irrevocable trusts that shift your asset out

0:42:53.760 --> 0:42:56.900
<v Speaker 2>of your estate. You have to give up real control,

0:42:57.380 --> 0:43:02.890
<v Speaker 2>but it's a form of protection. And just common mistakes

0:43:03.630 --> 0:43:07.140
<v Speaker 2>to avoid. Do not put too much wealth in personal accounts.

0:43:07.480 --> 0:43:11.060
<v Speaker 2>Do not guarantee everything personally. And do not wait until

0:43:11.100 --> 0:43:14.700
<v Speaker 2>a complaint is filed before you do anything. So again,

0:43:14.719 --> 0:43:18.299
<v Speaker 2>those groups of individuals that need to have an asset protection,

0:43:18.320 --> 0:43:21.300
<v Speaker 2>I'm going to name you off one more time, paid

0:43:21.410 --> 0:43:26.090
<v Speaker 2>off property, landlord tenant, children under the age of 18 driving,

0:43:26.550 --> 0:43:29.070
<v Speaker 2>business owner, or you're in a profession where you're at

0:43:29.170 --> 0:43:31.890
<v Speaker 2>high risk for getting sued like a physician or you

0:43:31.950 --> 0:43:35.710
<v Speaker 2>are in construction. You need to make sure that you

0:43:35.770 --> 0:43:39.650
<v Speaker 2>have an asset protection plan in place before a lawsuit

0:43:39.710 --> 0:43:44.180
<v Speaker 2>is filed. So just like end of life planning, asset

0:43:44.200 --> 0:43:45.279
<v Speaker 2>protection is the same thing.

0:43:45.380 --> 0:43:49.440
<v Speaker 1>Timing is everything. Do not leave it up to chance.

0:43:49.700 --> 0:43:52.440
<v Speaker 2>Do not leave it up to your insurance company to

0:43:52.500 --> 0:43:55.590
<v Speaker 2>protect you. They are not in the business of paying

0:43:55.650 --> 0:43:59.669
<v Speaker 2>out claims. There are always issues with policies where there's

0:43:59.710 --> 0:44:03.000
<v Speaker 2>a gray area and they can deny your claim. You

0:44:03.060 --> 0:44:04.940
<v Speaker 2>don't want to be put in a situation where you

0:44:04.980 --> 0:44:08.200
<v Speaker 2>were banking on your umbrella insurance or you were banking on,

0:44:08.620 --> 0:44:12.620
<v Speaker 2>you know, that malpractice insurance to protect you. And maybe

0:44:12.960 --> 0:44:16.450
<v Speaker 2>you missed a premium payment or your policy. You didn't

0:44:16.510 --> 0:44:20.630
<v Speaker 2>read that small print where it said it doesn't cover X, Y,

0:44:20.690 --> 0:44:21.120
<v Speaker 2>and Z.

0:44:21.630 --> 0:44:23.830
<v Speaker 1>And then you're screwed. And then they're going to come

0:44:23.890 --> 0:44:27.390
<v Speaker 1>after you personally. In this country, it is your.

0:44:27.270 --> 0:44:32.130
<v Speaker 2>Responsibility to understand the law Use it to your advantage

0:44:32.230 --> 0:44:35.230
<v Speaker 2>and to protect yourself. No one's going to come save you.

0:44:35.370 --> 0:44:38.089
<v Speaker 2>No one's going to feel sorry for you. No one's

0:44:38.110 --> 0:44:40.049
<v Speaker 2>going to be like, oh, but how is he going

0:44:40.070 --> 0:44:44.710
<v Speaker 2>to survive? No, we are filled within this town with

0:44:44.790 --> 0:44:49.920
<v Speaker 2>people that are greedy, that are vicious, and they're ambulance chasers.

0:44:50.520 --> 0:44:53.400
<v Speaker 2>So usually within seven to 10 minutes of meeting a

0:44:53.440 --> 0:44:56.400
<v Speaker 2>client and asking them specific questions, I can see if

0:44:56.440 --> 0:45:00.140
<v Speaker 2>they're a target or not. for these ambulance chasers. So

0:45:00.560 --> 0:45:03.730
<v Speaker 2>we got to make sure that we have multiple lines

0:45:03.770 --> 0:45:08.150
<v Speaker 2>of defense just in case something goes down. If you're

0:45:08.190 --> 0:45:09.989
<v Speaker 2>just tuning in, you're listening to Love, Death &amp; Money

0:45:10.070 --> 0:45:12.549
<v Speaker 2>on Talk Radio 790k ABC.

0:45:13.090 --> 0:45:15.270
<v Speaker 1>If you want to make an appointment with me, Attorney

0:45:15.330 --> 0:45:18.580
<v Speaker 1>Naz Baroudi, give my office a call right now at 424-465-9003.

0:45:18.600 --> 0:45:26.609
<v Speaker 1>That's 424-465-9003. 465-9003.

0:45:27.450 --> 0:45:31.200
<v Speaker 2>Or you can visit my website, BarutiLaw.com.

0:45:31.260 --> 0:45:34.400
<v Speaker 1>That's B-A-R-U-T-I-Law.com.

0:45:35.100 --> 0:45:39.180
<v Speaker 2>And for all KABC listeners, I'm offering a 15-minute complimentary

0:45:39.400 --> 0:45:42.380
<v Speaker 2>phone call where you can directly schedule a time to

0:45:42.440 --> 0:45:45.110
<v Speaker 2>speak to me. If you go to my Instagram page,

0:45:45.310 --> 0:45:50.450
<v Speaker 2>at BarutiLaw, B-A-R-U-T-I-Law, click on the link in the bio

0:45:50.469 --> 0:45:52.069
<v Speaker 2>and it will take you to my calendar and you

0:45:52.090 --> 0:45:56.020
<v Speaker 2>can schedule a time to speak directly with me. And again,

0:45:56.060 --> 0:45:58.340
<v Speaker 2>if you'd like to order a copy of my book, Love, Death.

0:45:58.400 --> 0:46:01.660
<v Speaker 1>And Money, it's available on Amazon. And again, the number

0:46:01.700 --> 0:46:02.900
<v Speaker 1>to reach me, 424-465-9003. That's 424-465-9003.

0:46:03.040 --> 0:46:07.799
<v Speaker 2>Or you can visit my website, BarutiLaw.com, B-A-R-O-U-T-I-Law.com. You're listening

0:46:07.820 --> 0:46:10.510
<v Speaker 2>to Love, Death, and Money on Talk Radio 790k ABC.