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What will happen to your assets when you die?

March 28, 2018
Adam Taggart

Peak Prosperity

In the same vein of our recent "news you can use" articles on umbrella insurance and the TreasuryDirect program, today we focus on two important (and under-utilized) estate planning tools: wills and living trusts.

Wills and living trusts make sense for those who are married, have children, own real estate, have financial or other material assets, and/or wish to influence how their estate is distributed after their death. I'm guessing the vast majority of folks reading this fall into at least one of these categories.

Yes, this is morbid territory to tread into. But it's important.

A few months ago, right after I published What Really Matters, a good friend died suddenly of a heart attack at age 42. There was no warning. He was a former college athlete, still-fit, and died on the basketball court during his weekly practice. He left behind a wife and three children, one with life-long special needs.

Fortunately, my friend was a lawyer, and had practiced what he preached professionally. He had put a well-constructed estate plan in place while alive (along with a healthy life insurance policy).

I saw first-hand the great benefits this gave his family upon his sudden passing. They were able to fully focus on dealing with their grief, as the estate plan largely took care of all the legal and financial details in the background.

If you've had an immediate family member or close friend pass away, you're likely aware of the tremendous number of tasks and decisions that need to be dealt with when someone dies. Aside from the obvious treatment of their remains and funerary arrangements, the deceased's estate needs to be settled.

This means an executor needs to be appointed who will manage the process, creditors need to be paid as will any estate taxes, heirs need to be identified and assets distributed among them (which in many cases requires selling/disposition of these assets first), care for minor children needs to be arranged, etc. This process is oftentimes managed by the state (i.e., slowly and often inefficiently).

This is an awful lot to put a surviving spouse through (assuming there is one) during a time of extreme grief. The same goes for children.

And this burden gets compounded if there's no estate plan in place. What assets did the deceased own? Where are they? Whom did he/she want to inherit them? All of these questions need to be answered during the estate settlement process.

Imagine trying to untangle all this right after your spouse, parent, sibling or friend has died. When you're already emotionally traumatized.

Now imagine that the heirs involved don't agree on how the estate should be divided, and infighting ensues. Relationships can easily get permanently damaged and money quickly drained should expensive lawyers get involved to contest the matter. The situation often gets very ugly, very quickly. (Click here for a sampling of horror stories resulting from when folks died without a will.)

Why risk putting your loved ones through this? Especially when it's so easily avoidable, and relatively inexpensive to do so?

Look, every one of us is going to die. That's the only rock-solid guarantee we're given during our time on Earth.

You've worked hard your whole life to take care of those important to you. Don't drop the ball on the 1-yard line. Take care of them in your death, too.

Wills & Living Trusts

The bedrock of a good estate plan involves a will and a living trust. I'll explain the role of each, the differences between the two, and the wisdom of having both.

NOTE: What follows is a summarization. While wills and living trusts are fairly simple conceptually, there are lots of special cases. Many of those are not addressed below so as not to prevent this article from becoming densely encyclopedic. Also, I am not a lawyer -- meaning: take this synopsis as education, not personal legal advice. If you want that, consult an estate lawyer.

OK, with that out of the way, let's proceed.

Will

Most folks are familiar with the concept of a will. Every murder mystery usually has a scene where the family gathers at the lawyer's office to hear the reading of the late victim's will: "Being of sound mind, I hereby bequeath to my nephew, Chauncey, my collection of rare Amazonian butterflies..."

Simply put, a will is a legal document that specifies:

  • how you want your assets distributed upon your death,

  • whom you grant the power to oversee that distribution (i.e., your "executor"), and

  • whom you want to have guardianship of your minor children, should there be any

Sounds like something every responsible adult should have, right? I agree.

But amazingly, 63% of US adults do not have a will. And an additional 9% have a will that's no longer up to date. Even among the more affluent, 45% do not have a will.

So those ugly issues I mentioned above of what can happen when you die without a will? They're very real and actually happen a lot.

Which is criminal, as a will is a straightforward document that shouldn't cost you more than a few hundred dollars (at most) and a few days to create (I'll give more specifics on the will creation process in Part 2). There really aren't any good reasons why the vast majority of us, especially those with minor children, shouldn't have one.

The key downside to note with a will is that it's subject to probate. Probate is the judicial process that determines the validity of the deceased's will. None of the instructions laid out in your will can be undertaken until a court accepts its validity and "grants probate" to your specified executor.

Probate isn't much fun. It takes time: typically a few months, but it can last years in certain cases. It can be costly: expect to pay somewhere between 3-8% of your estate's assets in combined attorney, court and other fees.

Probate can be challenging for real estate, especially investment properties. Until these assets have passed probate, your heirs (including your spouse) cannot manage or dispose of them. They're locked in limbo, which can get quite inconvenient if the probate period stretches for many months or years.

It's also a public process. During the probate period, your will is made available upon request to anyone who asks for it. So the details of your estate and your disposition wishes are not kept private. And your will can be challenged in court during this time by anyone who feels they have a valid claim on your assets.

Which brings us to Living Trusts...

Living Trusts

A trust is a legal arrangement in which one or more people manage or take care of property for someone else's benefit.

There are several major benefits you can enjoy by placing your assets into a trust to manage them while you're alive (that's why it's called a "living" trust). One of them is avoiding probate upon your death.

Once your assets have been placed inside a living trust, they're managed by its Trustees on behalf of clearly-specified Beneficiaries. So with ownership transfer, executorship and distribution are already worked out -- the probate court doesn't need to get involved.

For most couples, this allows the surviving partner to retain seamless control of all Trust assets after the other dies. The assets don't go through the probate process, there are far less fees involved, and the process is private. (The estate still can be contested, though. But the details of the estate's assets don't have to be made available to the public upon request.)

Avoiding probate is just one of the advantages offered by living trusts.

Another big one is (potentially) reducing estate taxes. I'll spare you the wonky details for now, but there are ways for your trust to take advantage of deductions and credits that may materially reduce the estate tax liability on your wealth after you and/or your surviving spouse die. Any estate lawyer or tax accountant worth their salt can walk you through the details.

Your living trust will also enable you to control how your assets flow to your heirs. If you have minor children, most states won't let them own property directly while they're 17 or younger. And if you're passing along a substantial amount of wealth, giving it to all to them at age 18 in a lump sum is a bad idea (unless you want the inheritance squandered in an epic blast of debauchery).

Via your trust, you can specify how you want your assets (and any associated income from them) to be meted out to each heir over time -- based on age milestones, financial need, use (e.g., education), mental competency, or any other conditions important to you.

Similarly, a living trust is helpful in keeping your assets managed the way you want should you become incapacitated (i.e., still living, but not able to mentally or physically manage your affairs). For many of us, living too long may become the bigger risk to our estate vs dying too soon.

Last, the most common form of living Trust is amendable throughout your life. You can change it at anytime, as often as you like. Or you can dissolve it altogether. The bottom line is, you're in full control over everything while you're alive (and mentally competent).

Getting Started

OK, as a refresher:

  • A will is a good idea for pretty much everyone. But it's especially important for people with minor children. A trust does not specify legal guardianship in the event of your death. Only a will does that.

  • A living trust makes sense for anyone with assets and heirs (especially your spouse) they want to pass their wealth along to. Some experts say living trusts make sense if you expect your estate to be worth over $150,000; others go as low as $20,000.

The cost to set these up is pretty trivial compared to the huge benefits they can offer your loved ones. A will costs a few hundred bucks (or less) to set up and can be completed in a matter of days (or less). A living trust will range between several hundred and a few thousand dollars, depending on how sizable/complicated your estate is.

In Part 2: A Primer On The Essentials For Your Will & Living Trust, we walk through in detail the principal legal elements that your will and living trust should address. This includes specific clauses your documents should contain (unless advised otherwise by a professional), as well as helpful context for the most common decisions folks will face when creating/updating these legal vehicles.

If you don't yet have a will and/or a living trust, or it's been a while since you've reviewed the ones you have, read on. Your loved ones will be glad you did.

Click here to read Part 2 of this report (free executive summary, enrollment required for full access)

Is the U.N. plotting to control 30% of U.S. land by 2030?

Bloomberg / Contributor | Getty Images

A reliable conservative senator faces cancellation for listening to voters. But the real threat to public lands comes from the last president’s backdoor globalist agenda.

Something ugly is unfolding on social media, and most people aren’t seeing it clearly. Sen. Mike Lee (R-Utah) — one of the most constitutionally grounded conservatives in Washington — is under fire for a housing provision he first proposed in 2022.

You wouldn’t know that from scrolling through X. According to the latest online frenzy, Lee wants to sell off national parks, bulldoze public lands, gut hunting and fishing rights, and hand America’s wilderness to Amazon, BlackRock, and the Chinese Communist Party. None of that is true.

Lee’s bill would have protected against the massive land-grab that’s already under way — courtesy of the Biden administration.

I covered this last month. Since then, the backlash has grown into something like a political witch hunt — not just from the left but from the right. Even Donald Trump Jr., someone I typically agree with, has attacked Lee’s proposal. He’s not alone.

Time to look at the facts the media refuses to cover about Lee’s federal land plan.

What Lee actually proposed

Over the weekend, Lee announced that he would withdraw the federal land sale provision from his housing bill. He said the decision was in response to “a tremendous amount of misinformation — and in some cases, outright lies,” but also acknowledged that many Americans brought forward sincere, thoughtful concerns.

Because of the strict rules surrounding the budget reconciliation process, Lee couldn’t secure legally enforceable protections to ensure that the land would be made available “only to American families — not to China, not to BlackRock, and not to any foreign interests.” Without those safeguards, he chose to walk it back.

That’s not selling out. That’s leadership.

It's what the legislative process is supposed to look like: A senator proposes a bill, the people respond, and the lawmaker listens. That was once known as representative democracy. These days, it gets you labeled a globalist sellout.

The Biden land-grab

To many Americans, “public land” brings to mind open spaces for hunting, fishing, hiking, and recreation. But that’s not what Sen. Mike Lee’s bill targeted.

His proposal would have protected against the real land-grab already under way — the one pushed by the Biden administration.

In 2021, Biden launched a plan to “conserve” 30% of America’s lands and waters by 2030. This effort follows the United Nations-backed “30 by 30” initiative, which seeks to place one-third of all land and water under government control.

Ask yourself: Is the U.N. focused on preserving your right to hunt and fish? Or are radical environmentalists exploiting climate fears to restrict your access to American land?

Smith Collection/Gado / Contributor | Getty Images

As it stands, the federal government already owns 640 million acres — nearly one-third of the entire country. At this rate, the government will hit that 30% benchmark with ease. But it doesn’t end there. The next phase is already in play: the “50 by 50” agenda.

That brings me to a piece of legislation most Americans haven’t even heard of: the Sustains Act.

Passed in 2023, the law allows the federal government to accept private funding from organizations, such as BlackRock or the Bill Gates Foundation, to support “conservation programs.” In practice, the law enables wealthy elites to buy influence over how American land is used and managed.

Moreover, the government doesn’t even need the landowner’s permission to declare that your property contributes to “pollination,” or “photosynthesis,” or “air quality” — and then regulate it accordingly. You could wake up one morning and find out that the land you own no longer belongs to you in any meaningful sense.

Where was the outrage then? Where were the online crusaders when private capital and federal bureaucrats teamed up to quietly erode private property rights across America?

American families pay the price

The real danger isn’t in Mike Lee’s attempt to offer more housing near population centers — land that would be limited, clarified, and safeguarded in the final bill. The real threat is the creeping partnership between unelected global elites and our own government, a partnership designed to consolidate land, control rural development, and keep Americans penned in so-called “15-minute cities.”

BlackRock buying entire neighborhoods and pricing out regular families isn’t by accident. It’s part of a larger strategy to centralize populations into manageable zones, where cars are unnecessary, rural living is unaffordable, and every facet of life is tracked, regulated, and optimized.

That’s the real agenda. And it’s already happening , and Mike Lee’s bill would have been an effort to ensure that you — not BlackRock, not China — get first dibs.

I live in a town of 451 people. Even here, in the middle of nowhere, housing is unaffordable. The American dream of owning a patch of land is slipping away, not because of one proposal from a constitutional conservative, but because global powers and their political allies are already devouring it.

Divide and conquer

This controversy isn’t really about Mike Lee. It’s about whether we, as a nation, are still capable of having honest debates about public policy — or whether the online mob now controls the narrative. It’s about whether conservatives will focus on facts or fall into the trap of friendly fire and circular firing squads.

More importantly, it’s about whether we’ll recognize the real land-grab happening in our country — and have the courage to fight back before it’s too late.


This article originally appeared on TheBlaze.com.

URGENT: FIVE steps to CONTROL AI before it's too late!

MANAURE QUINTERO / Contributor | Getty Images

By now, many of us are familiar with AI and its potential benefits and threats. However, unless you're a tech tycoon, it can feel like you have little influence over the future of artificial intelligence.

For years, Glenn has warned about the dangers of rapidly developing AI technologies that have taken the world by storm.

He acknowledges their significant benefits but emphasizes the need to establish proper boundaries and ethics now, while we still have control. But since most people aren’t Silicon Valley tech leaders making the decisions, how can they help keep AI in check?

Recently, Glenn interviewed Tristan Harris, a tech ethicist deeply concerned about the potential harm of unchecked AI, to discuss its societal implications. Harris highlighted a concerning new piece of legislation proposed by Texas Senator Ted Cruz. This legislation proposes a state-level moratorium on AI regulation, meaning only the federal government could regulate AI. Harris noted that there’s currently no Federal plan for regulating AI. Until the federal government establishes a plan, tech companies would have nearly free rein with their AI. And we all know how slowly the federal government moves.

This is where you come in. Tristan Harris shared with Glenn the top five actions you should urge your representatives to take regarding AI, including opposing the moratorium until a concrete plan is in place. Now is your chance to influence the future of AI. Contact your senator and congressman today and share these five crucial steps they must take to keep AI in check:

Ban engagement-optimized AI companions for kids

Create legislation that will prevent AI from being designed to maximize addiction, sexualization, flattery, and attachment disorders, and to protect young people’s mental health and ability to form real-life friendships.

Establish basic liability laws

Companies need to be held accountable when their products cause real-world harm.

Pass increased whistleblower protections

Protect concerned technologists working inside the AI labs from facing untenable pressures and threats that prevent them from warning the public when the AI rollout is unsafe or crosses dangerous red lines.

Prevent AI from having legal rights

Enact laws so AIs don’t have protected speech or have their own bank accounts, making sure our legal system works for human interests over AI interests.

Oppose the state moratorium on AI 

Call your congressman or Senator Cruz’s office, and demand they oppose the state moratorium on AI without a plan for how we will set guardrails for this technology.

Glenn: Only Trump dared to deliver on decades of empty promises

Tasos Katopodis / Stringer | Getty Images

The Islamic regime has been killing Americans since 1979. Now Trump’s response proves we’re no longer playing defense — we’re finally hitting back.

The United States has taken direct military action against Iran’s nuclear program. Whatever you think of the strike, it’s over. It’s happened. And now, we have to predict what happens next. I want to help you understand the gravity of this situation: what happened, what it means, and what might come next. To that end, we need to begin with a little history.

Since 1979, Iran has been at war with us — even if we refused to call it that.

We are either on the verge of a remarkable strategic victory or a devastating global escalation. Time will tell.

It began with the hostage crisis, when 66 Americans were seized and 52 were held for over a year by the radical Islamic regime. Four years later, 17 more Americans were murdered in the U.S. Embassy bombing in Beirut, followed by 241 Marines in the Beirut barracks bombing.

Then came the Khobar Towers bombing in 1996, which killed 19 more U.S. airmen. Iran had its fingerprints all over it.

In Iraq and Afghanistan, Iranian-backed proxies killed hundreds of American soldiers. From 2001 to 2020 in Afghanistan and 2003 to 2011 in Iraq, Iran supplied IEDs and tactical support.

The Iranians have plotted assassinations and kidnappings on U.S. soil — in 2011, 2021, and again in 2024 — and yet we’ve never really responded.

The precedent for U.S. retaliation has always been present, but no president has chosen to pull the trigger until this past weekend. President Donald Trump struck decisively. And what our military pulled off this weekend was nothing short of extraordinary.

Operation Midnight Hammer

The strike was reportedly called Operation Midnight Hammer. It involved as many as 175 U.S. aircraft, including 12 B-2 stealth bombers — out of just 19 in our entire arsenal. Those bombers are among the most complex machines in the world, and they were kept mission-ready by some of the finest mechanics on the planet.

USAF / Handout | Getty Images

To throw off Iranian radar and intelligence, some bombers flew west toward Guam — classic misdirection. The rest flew east, toward the real targets.

As the B-2s approached Iranian airspace, U.S. submarines launched dozens of Tomahawk missiles at Iran’s fortified nuclear facilities. Minutes later, the bombers dropped 14 MOPs — massive ordnance penetrators — each designed to drill deep into the earth and destroy underground bunkers. These bombs are the size of an F-16 and cost millions of dollars apiece. They are so accurate, I’ve been told they can hit the top of a soda can from 15,000 feet.

They were built for this mission — and we’ve been rehearsing this run for 15 years.

If the satellite imagery is accurate — and if what my sources tell me is true — the targeted nuclear sites were utterly destroyed. We’ll likely rely on the Israelis to confirm that on the ground.

This was a master class in strategy, execution, and deterrence. And it proved that only the United States could carry out a strike like this. I am very proud of our military, what we are capable of doing, and what we can accomplish.

What comes next

We don’t yet know how Iran will respond, but many of the possibilities are troubling. The Iranians could target U.S. forces across the Middle East. On Monday, Tehran launched 20 missiles at U.S. bases in Qatar, Syria, and Kuwait, to no effect. God forbid, they could also unleash Hezbollah or other terrorist proxies to strike here at home — and they just might.

Iran has also threatened to shut down the Strait of Hormuz — the artery through which nearly a fifth of the world’s oil flows. On Sunday, Iran’s parliament voted to begin the process. If the Supreme Council and the ayatollah give the go-ahead, we could see oil prices spike to $150 or even $200 a barrel.

That would be catastrophic.

The 2008 financial collapse was pushed over the edge when oil hit $130. Western economies — including ours — simply cannot sustain oil above $120 for long. If this conflict escalates and the Strait is closed, the global economy could unravel.

The strike also raises questions about regime stability. Will it spark an uprising, or will the Islamic regime respond with a brutal crackdown on dissidents?

Early signs aren’t hopeful. Reports suggest hundreds of arrests over the weekend and at least one dissident executed on charges of spying for Israel. The regime’s infamous morality police, the Gasht-e Ershad, are back on the streets. Every phone, every vehicle — monitored. The U.S. embassy in Qatar issued a shelter-in-place warning for Americans.

Russia and China both condemned the strike. On Monday, a senior Iranian official flew to Moscow to meet with Vladimir Putin. That meeting should alarm anyone paying attention. Their alliance continues to deepen — and that’s a serious concern.

Now we pray

We are either on the verge of a remarkable strategic victory or a devastating global escalation. Time will tell. But either way, President Trump didn’t start this. He inherited it — and he took decisive action.

The difference is, he did what they all said they would do. He didn’t send pallets of cash in the dead of night. He didn’t sign another failed treaty.

He acted. Now, we pray. For peace, for wisdom, and for the strength to meet whatever comes next.


This article originally appeared on TheBlaze.com.

Globalize the Intifada? Why Mamdani’s plan spells DOOM for America

Bloomberg / Contributor | Getty Images

If New Yorkers hand City Hall to Zohran Mamdani, they’re not voting for change. They’re opening the door to an alliance of socialism, Islamism, and chaos.

It only took 25 years for New York City to go from the resilient, flag-waving pride following the 9/11 attacks to a political fever dream. To quote Michael Malice, “I'm old enough to remember when New Yorkers endured 9/11 instead of voting for it.”

Malice is talking about Zohran Mamdani, a Democratic Socialist assemblyman from Queens now eyeing the mayor’s office. Mamdani, a 33-year-old state representative emerging from relative political obscurity, is now receiving substantial funding for his mayoral campaign from the Council on American-Islamic Relations.

CAIR has a long and concerning history, including being born out of the Muslim Brotherhood and named an unindicted co-conspirator in the Holy Land Foundation terror funding case. Why would the group have dropped $100,000 into a PAC backing Mamdani’s campaign?

Mamdani blends political Islam with Marxist economics — two ideologies that have left tens of millions dead in the 20th century alone.

Perhaps CAIR has a vested interest in Mamdani’s call to “globalize the intifada.” That’s not a call for peaceful protest. Intifada refers to historic uprisings of Muslims against what they call the “Israeli occupation of Palestine.” Suicide bombings and street violence are part of the playbook. So when Mamdani says he wants to “globalize” that, who exactly is the enemy in this global scenario? Because it sure sounds like he's saying America is the new Israel, and anyone who supports Western democracy is the new Zionist.

Mamdani tried to clean up his language by citing the U.S. Holocaust Memorial Museum, which once used “intifada” in an Arabic-language article to describe the Warsaw Ghetto Uprising. So now he’s comparing Palestinians to Jewish victims of the Nazis? If that doesn’t twist your stomach into knots, you’re not paying attention.

If you’re “globalizing” an intifada, and positioning Israel — and now America — as the Nazis, that’s not a cry for human rights. That’s a call for chaos and violence.

Rising Islamism

But hey, this is New York. Faculty members at Columbia University — where Mamdani’s own father once worked — signed a letter defending students who supported Hamas after October 7. They also contributed to Mamdani’s mayoral campaign. And his father? He blamed Ronald Reagan and the religious right for inspiring Islamic terrorism, as if the roots of 9/11 grew in Washington, not the caves of Tora Bora.

Bloomberg / Contributor | Getty Images

This isn’t about Islam as a faith. We should distinguish between Islam and Islamism. Islam is a religion followed peacefully by millions. Islamism is something entirely different — an ideology that seeks to merge mosque and state, impose Sharia law, and destroy secular liberal democracies from within. Islamism isn’t about prayer and fasting. It’s about power.

Criticizing Islamism is not Islamophobia. It is not an attack on peaceful Muslims. In fact, Muslims are often its first victims.

Islamism is misogynistic, theocratic, violent, and supremacist. It’s hostile to free speech, religious pluralism, gay rights, secularism — even to moderate Muslims. Yet somehow, the progressive left — the same left that claims to fight for feminism, LGBTQ rights, and free expression — finds itself defending candidates like Mamdani. You can’t make this stuff up.

Blending the worst ideologies

And if that weren’t enough, Mamdani also identifies as a Democratic Socialist. He blends political Islam with Marxist economics — two ideologies that have left tens of millions dead in the 20th century alone. But don’t worry, New York. I’m sure this time socialism will totally work. Just like it always didn’t.

If you’re a business owner, a parent, a person who’s saved anything, or just someone who values sanity: Get out. I’m serious. If Mamdani becomes mayor, as seems likely, then New York City will become a case study in what happens when you marry ideological extremism with political power. And it won’t be pretty.

This is about more than one mayoral race. It’s about the future of Western liberalism. It’s about drawing a bright line between faith and fanaticism, between healthy pluralism and authoritarian dogma.

Call out radicalism

We must call out political Islam the same way we call out white nationalism or any other supremacist ideology. When someone chants “globalize the intifada,” that should send a chill down your spine — whether you’re Jewish, Christian, Muslim, atheist, or anything in between.

The left may try to shame you into silence with words like “Islamophobia,” but the record is worn out. The grooves are shallow. The American people see what’s happening. And we’re not buying it.

This article originally appeared on TheBlaze.com.