Worst Financial Advice – EVER!

Aretha Franklin Died Without A Will

How do we know? Simple because ANYONE can go down to the probate office and find out what’s going on.

In this case, presumably the crack investigative journalists at the Detroit Free Press went down to the probate courts and found...”her four sons filed a document Tuesday afternoon listing themselves as interested parties in her estate. One document filed with the court and signed by her son Kecalf Franklin, and her estate attorney, David Bennett, check a box acknowledging the absence of a will.”

No Will or Trust

You can read the article here if you so choose.

The article goes on to state “the finances of an intensely private Aretha Franklin soon will become very public in Oakland County Probate Court because she left no will or trust.”

The funny thing about that statement though is that a WILL won’t solve the issue of an estate becoming ‘very public’ either.

Probate Court

Probate court is nothing more than the public proving of a Will.  The emphasis there on PUBLIC.  So, a Will or not, probate court will get involved and thus this will become public.

Dying without a Will is called Intestate by the way.  Which means the probate court will have at it to dictate the disposition of your assets.  Hopefully, there won’t be children who need guardianship! I talk about this situation and how it may have affected my family in my book “Strategic Money Planning” which you can get here.  In fact, you can get this book for FREE on regular Kindle for the next day or so.  After that it’s all of $4.49.

Get A Will!

So what do you need to do? Well, make sure you at least have a Will!  In fact, in my video here, I go over estate planning basics and the minimal documents you need.  Now, be advised, I do not recommend simply using LegalZoom.  You need to get a real person to draw up your documents.  A real attorney who knows estate planning.

Yes, it will cost you a couple hundred dollars, or more. But folks, this is not just a form you take to the bank for a quick transaction, your life is wrapped up in this document(s). You have got to make sure it’s done correctly.  Even if costs you more money than doing it via computer program.

I leave you with these questions. When did you get your Will drawn up?  Has anything changed since then? How is your executor/executrix? Who is your attorney in fact?  What kind of Power of Attorney do you have? Do you have a Living Will? Do you have a Medical Directive?  Do you have a Trust? Is it funded?

So much to consider. But you need to do it, every few years too.

Folks, I realize financial planners get a somewhat deserved bad-rap. After all, many are truly little more than investment counselors claiming they are “financial advisors” or “financial planners”.

This ticks me off actually. Don’t hold yourself out as a “Financial Planner” if you’re only doing investment management!  That hurts the people who need true financial planning.


A Need For Unbiased Financial Advice

Given that backdrop, it’s hard not to see why many Americans seek a safe-haven for financial planning guidance from other sources, like on a well-known website.  The thought is that a guy, or lady, writing on a reputable website must have been screened by…well, somebody, right? I mean, a website isn’t going to put their reputation at stake by just hiring anyone would they?  The person giving advice must know his or her stuff.   But…what if they don’t?


Where “Unbiased” Equals Bad Advice

Which brings me to my frustration at this blog post.   I invite you to leave my page and take a few minutes to click on the link. Read the article. It’s not long.  Read the comments even if you so want.   I’ll be here when you come back.


Okay, you’re back.  What jumped out at you??? Anything???   Forget the ethics involved in what the guy is wanting to do.  For this article, that is not my concern. I care about the functionality of what the guy, who asks the questions, is trying to accomplish.

Unfortunately, the answer guy, this Quentin Fottrell, hurt his readership with his answers.  He hurt them badly and if they don’t figure out why, he will have hurt the heirs of these people too.  Why?

Retirement Accounts Should NOT Transfer Via Your Will!

Because retirement accounts do not transfer via WILL!  Your WILL is completely silent on the disposition of your retirement account unless you make the unforgivable mistake of leaving your beneficiary designation form blank or Heaven Forbid, you name your “estate” as the beneficiary!  DO NOT DO THIS!

The guy seeking guidance even states he is thinking of naming his kids as beneficiaries on his life insurance. Thus he KNOWS what a beneficiary designation is.  Yet, he says his WILL is what is going to dictate who gets his money and how.  NO!

To force your heirs, be it your spouse or your children, into a probate court to settle an estate that holds retirement benefits is insane.  First of all, it’s a pain for your heirs that could have been easily avoided. Secondly, they lose ANY ability to stretch out the tax payments they’ll have to make on the retirement money.


Huge Taxable Distributions

I can hear the kids now thinking they got one over on their dad’s second wife by receiving an inheritance through Dad’s Will, via probate; “Thanks Dad!  We got the money and step-mom didn’t. HAHA!” Guess what? You’re also going to pay big taxes on those assets within a short period because when you inherit a retirement account via probate your ability to take distributions on YOUR life expectancy is forever gone.

The wonderful folks over at IRAhelp.com have a great article on this exact topic.

When death occurs before April 1st of the year after the account owner turned 70 ½ (this is called the required beginning date or RBD), the IRA must be paid out by the end of the fifth year after death – the 5-year rule. You have no required distributions each year; you just have to make sure the account is empty by the end of the fifth year.

In this case, if the death happened before the owner was taking his Required Minimum Distributions (RMD) the entirety of the IRA MUST be cashed out within 5 years.   That’s not so bad, right? Think again.  Say you’re making $150k a year as a single taxpayer.  Now you get a $200,000 IRA distribution. What does that $200,000 do to your tax bracket? You’re now going to lose well over a third of the amount to the Feds, never mind what your state taxes are.


Increase in Medicare Premiums

Oh, let’s say you’re on Medicare. What does that $200,000 distribution do to your Medicare Part B and D premiums the following year? Only increases them by nearly $300 a month, essentially a 300% increase!

Increase in Taxes on Social Security Benefits

Say you weren’t even working and were living on Social Security and had that $200,000 IRA distribution.  What does that do to your taxes on Social Security? Just makes 85% of your benefit taxable as ordinary income.

Retirement accounts are HUGE tax bombs in so many ways. To leave your retirement accounts to your estate so your WILL can deal with it, is horrible, HORRIBLE planning.  Ole Quentin should have seen this and discussed it accordingly.  But he didn’t.

Maybe he doesn’t know about this issue? Hardly. Most likely, because he writes a blog, he just doesn’t have enough space or time to answer each question as thoroughly as he’d like.  Still not acceptable though. Financial planning is a serious business and it’s the simple things that ruin the best laid plans. I’ve seen it time and again.





Social Security Survivor Benefits Not Addressed

Finally, the guy writes “(his) wife is not in the best of health and wouldn’t do well on her current Social Security award.” Guess what? She may not just keep her own “Social Security award.”  She may, and I’m willing to go on a limb here and say PROBABLY, take over the husbands benefit instead.

Social Security Survivor benefits work very, very differently than any other type of Social Security benefit.  See my post here for starters.

If Mr. has a Social Security benefit of $25,000 and Mrs. has a benefit of $12,500, when Mr. dies Mrs. loses her benefit but gets his.  So, now her benefit is what??? If you said $25,000, you are correct.

Does Quentin tell this guy that though? No!  And that piece of info may have a big impact on how the guy considers his estate planning, as it could add another $1,000 a month to the wife’s Social Security benefit.  It’s a hugely important piece of information to understand.


Social Security Survivor Benefits For Ex’s

By the way, if you’re the ex-wife of this guy, were married to him for more than 10 years and you are NOT remarried, did you know you are entitled to your ex’s Social Security benefits?  It would be well worth your time to contact your local office and say “Hey, I just read that I could qualify for a Social Security benefit on my ex’s record? Is that true?” And the SSA office will say “yes it is. We just need to compare your benefit to what you’d receive under his benefit and we will pay the GREATER of the two!”

Will your ex ever be notified? Nope.  Do you need to know his Social Security number? Be helpful but nope. As long as you were married  it’s worth checking with the Social Security office.  Shoot, even if your ex is still alive, again as long as you were married over 10 years and are not remarried, give the SSA a call. You may find a lucky break waiting for you.


Financial Planning Topics That Should Have Been Addressed

All of these issues should have been addressed by Quentin before he provided any sort of family counseling.  All the family counseling in the world is meaningless if the IRS gets a HUGE part of the pie to begin with.

Secondly, proper family counseling should be done only when all the facts are on the table.  In this case, many were left out and this poor gentleman, his wife, his ex-wife, his children AND his readers could pay a price.


For more ideas to help you with your financial planning please click here.


Be on the lookout for my new book “21 Reasons You NEED a Roth IRA!”

© Copyright 2018 Heritage Wealth Planning