Owning The Coast

Estate Planning Made Simple With A Living Trust

Santa Cruz Vibes Media, LLC Season 2 Episode 11

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0:00 | 47:47

Rates Gas Prices And Insurance Tightening

SPEAKER_00

Hello, hello, and welcome back to OTC Podcast. This is Brandy Jones with KW Drive, and to my right is Ryan Buckwell with Cross Country Mortgage.

SPEAKER_01

Jerry Seagraves with Seagrid's Insurance.

SPEAKER_00

Woohoo. We have a really fun special guest today. But before we talk to her, Ryan, what are rates doing?

SPEAKER_03

Rates are actually starting to come down a tiny little bit. There's still the glimmer of hope that there might actually be a 30-day ceasefire. I've heard that like seven times before. But let's hopefully that it actually really happens if we see oil come down, which oil did come down a little bit today. So hopefully the gas prices are a little bit cheaper. I was at the lake this weekend. Oh. At the lake, $9 a gallon. Holy cow. On the lake. You want to buy one of those electric natiques now. Yeah, exactly. That's something sound better. But no, we're starting to see it get a little bit better out there.

SPEAKER_00

We see more chipper about it. It's been a drag for a while, hasn't it?

SPEAKER_03

It's been kind of sucks.

SPEAKER_00

Yeah, kind of sucks. It sucks. Jerry, how's your kind of sucks? Interesting.

SPEAKER_01

Yeah, no, it's uh it seems to be ebbs and flows like we had a lot of easy underwriting happening on new closings. And then now we're seeing, you know, a lot of underwriting intervention, let's call it, where they're coming back saying, oh, we need this roof or we need these electrical panels. But I think that people are kind of in the know now, which is what I, you know, realtors and even title and escrow, they're telling people, hey, be be prepared for this, which is really nice because when I go to to wrap that policy up and I mention maybe, hey, you might need to update this panel, they're like totally aware of it.

SPEAKER_00

It's funny you say that. So there's three things that I keep hearing, even when I'm not playing volleyball, they're like, hey, my insurance just said my panel, like so it's like your Zinsco panels, your self-invenia panels, it they're looking at your roof. But so this is the number one question a client asked me. They told me I needed a new roof. I had to provide a receipt. It's four years old, it just happened to have leaves on it. They just droned over us.

SPEAKER_01

Yeah.

SPEAKER_00

What's the remedy for that?

SPEAKER_01

Taking new photos, like getting somebody to blow off the roof and take new photos and provide that receipt, right? That's the big thing. Like, I think at Santa Cruz, we do a lot of things kind of off paper. And so did they. And so a lot of these home closings will be like, well, the roof is new, but I don't have any documentation for it. Unfortunately, a lot of companies don't count that as a new roof because there is no permit. Now, some cases we can find out who the contractor was that installed it and get something written saying that they did do it. And even if it wasn't a permit pulled for that roof, we can still get it through. Or we can have a roof inspection done, which we've done in the past. Or most of the time, photos will solve it. I could just take photos of the shingles or the asphalt and show them that it's new, that's not curling, there's no moss on there, and usually we'll go get that through. Underwriters are a bit more flexible than they were like six months or a year ago. The new company I'm working with, O'Reilly,'s giving people 60 days to remedy a panel, which the normal 30 days wasn't enough, you know.

SPEAKER_00

And right, because electricians, especially in this town are the areas.

SPEAKER_01

Yeah, they're backed up. Yeah. And so things are smoothing out. Rental markets are smoothing out. We've had uh in the last year, um, a lack of availability with landlord policies, and we're having those come back slowly. Farmers is re-entering the market with the landlord thing, uh, bamboo is uh is re-entering the market. We have a couple more companies that are entering. And you know, it's I think the more the merrier, as far as I'm concerned. If you have more competition, it drives more competition, you know, and the success rates start to show some um actuarial uh I would say success in as far as underwriting is concerned. So, you know, I think that we're kind of on the road to healing a lot, like the interest rates are, you know. I think we just need time to really heal a lot of

Santa Cruz Housing Market Whiplash

SPEAKER_01

that.

SPEAKER_00

So it's interesting you say that because I've always said that stagnant cruise, depending on where you're at, kind of has a schizophrenic market. Because the number one question in realtor is how's the market? Well, it depends on that person. I mean, it's truly so bizarre. It's like you're scrolling and it's a different Netflix video. Yeah. Here's an example crime location, single level, three bedroom, two bath in Capitola, 62 days on the market, two showings, and then all of a sudden in one weekend, three offers, it became a multiple offer situation. That's so weird. It's so and so realtors are used to studying trends and following the data. And it's it even us, if you stick to a plan and follow through, you actually get to your goal. It just may not be the journey you thought.

SPEAKER_01

Yeah, I mean, I I've seen that real time. One of my employees is looking in like that one three, one five market right now. And there's some homes he's showing me that have been on the market for like over a hundred days. And I'm like, why is that on the market? It seems like such a deal. It's got a vineyard and ADU, and it's still sitting there. And then right as I say that, multiple offers go in and it's sold. You know, so I do I do think that we that ebb and flow of of demand and supply is changing so quickly right now. I mean, like you've seen it, Ryan. I think that the the amount of home closings that you're doing at, I mean, I see it real time with you. There's so many different types of homes going through where it's like used to be like I would see like a flurry of tech guys buying ocean firm properties all at once. It just seems like rant right now it's very random, like what's being sold, at least from my perspective. I don't know if that's true.

Estate Planning Made Less Scary

SPEAKER_00

Right now we still have a lot of the baby boomers who are unfortunately passing away or moving out of the area. And the person who knows most about that is our special guest today, Ashley Thompson. She's from Beautiful Life Estate Planning. She's the owner and attorney. And when people hear estate planning, their eyes roll back, don't they? Ashley. I mean, sometimes I think I think with any lawyer. Right, right. It's so exciting. But I like the way you explain it. So Ashley did an event with me at Pasa Tampo and a couple other realtors. And by the way, you were amazing and you had great analogies. So, how would you introduce estate planning so it doesn't sound boring?

SPEAKER_05

Well, you're not doing the boring part as the client, I am. Right. So the lawyer should be taking care of you know all the paperwork. So that's I think the most boring part. The fun part is interacting with the clients, right? And I think thinking about what your options are and exploring and getting creative and talking through some of the hard stuff. I think the hardest part for clients is getting in the room. We know it's important, but it doesn't always feel urgent. So thinking about like, well, I don't think I'm gonna die tomorrow. So why would I go do that and talk about death and incapacity? What a bummer, right? That's not what we want to be doing. But I when people actually come in, they realize it's they're making informed and empowered decisions and then they feel really good about it. So you get this sense of peace of mind, kind of like insurance, right? We're really hoping never to have to have our kitchen flood.

SPEAKER_04

For sure, right?

SPEAKER_05

We're not hoping to have this emergency, but you are gonna get insurance. You're gonna get car insurance, you're gonna get homeowners' insurance, you're gonna have health insurance. And estate planning is a similar thing, except for I guess you're guaranteed to die, but you're guaranteed to not have to get a new room in our heart.

SPEAKER_01

But but aren't there living protections in estate planning? Like, I mean, when you put things into a trust or you know, you're doing that type of stuff, it's protecting those assets while I'm alive a little bit more.

SPEAKER_05

Sort of. Okay. Not really. I

Trusts Insurance And What They Protect

SPEAKER_05

would say the short answer, no. I mean, if you have things in a trust, it's harder to find. Right. So say someone goes to sue you and my house is in the sunflower trust because I can make my trust whatever I want. People are like, well, who owns the sunflower trust? Right? It's gonna make it harder for someone to find. Right. If we were in a lawsuit and I had to disclose, say you sued me, right? We're in a neighbor dispute, and I don't know, something happens and you know, I run my car into your house because I'm drunk, right? You're gonna sue me. And then when we come, when we get to the point of the case where I have to disclose all my stuff to you, I'm gonna have to say, Well, I own the sunflower trust.

SPEAKER_01

Yeah, because I'm I'm deep in this right now. This is the big thing that happens this palisades. Like every client I'm having is calling me saying, I need my home and the trust to be protected. Well, that came from a few different other factors where insurance companies were saying, Well, the home's in the name of the trust and your insurance is in your name, and we're not paying you for this, which I think that's been kind of like remedied since. I don't know that they can do that because the home is, I mean, the named insured is the homeowner, yeah, ultimately.

SPEAKER_05

And the homeowner basically owns the trust. Right.

SPEAKER_01

So it's with semantics as far as I'm concerned. But something happened then where people were thinking that everything had to be in the name of the trust. So I have people asking for their auto insurance to be in the name of the trust. And I'm like, well, no, you're driving that car every day. You need to be insured on that car.

SPEAKER_05

Yeah. Well, I mean, you could, I mean, I guess from a legal perspective, right? The car could be, the trust could be the own the insurance. But the problem with that is with the daily drivers, you could say you get in a car accident, right? And I drive a Hyundai, right? It's like I get in a car accident, and then someone I hand over my insurance car and it says it's in, you know, Ashley Thompson's trust. So that person might be like, oh, maybe she has money and my neck hurts, right? If I'm driving around a Ferrari, okay, someone already thinks I have money. And so it doesn't matter whether that's in the trust or not. And that's great. I mean, I, you know, drive whatever kind of car you want, but I would say from a daily driver perspective, I do not advise clients to insure their car in the trust unless they have a collectible car or you know, fairly expensive car, or a boat, or a motorhome, something that has a higher value. Gotcha. That's when I want them to put it in. But I think people did get freaked out by the fires in LA because they heard that. Like, oh my God, I called in and they, you know, some sort of loophole in a contract said, Well, you were insured, and then your house is in the, you know, now on the trust. So since we created this contract, you didn't tell us there was a change and that's a problem.

SPEAKER_04

Right. Right.

SPEAKER_05

So I advise all my clients, hey, I want your name to still be on the insurance policy. But now that we have a trust, I would like you to call your insurance agent and say, Can I add my trust on as an additional endorsee or an additional insured? You're still gonna stay on there, but now the trust's on there as well. So there's no excuse. Yeah. You know, saying that, you know, the semantics, right? But I think the the way and the kind of an analogy back to you, Brandy, that I think is important for people to think about is, and maybe that's what makes estate planning sexy, is you got to think about these things in a different way. Is the normal legal way to talk about this is we got to fund our trust, you know, we got to do all these things that have like people are like, what does that even mean? So I'm like, hey, I'm gonna build you a treasure chest, and you have all this treasure that's spread around. You got your house, you got your car, you got whatever, and we're gonna put that treasure in your treasure chest. The car is not a piece of treasure like we just talked about, but I usually advise clients to put in there, but for sure the house, and then we got to notify the insurance company. But thinking about it in a maybe easier to digest way, as opposed to, oh my God, I have to go to a lawyer and they're gonna create a contract, snooze fest.

SPEAKER_01

Yeah. How often I was just gonna say, how often are you advising clients to update that? Is it like at major purchases or is there like an annual procedure that you're doing to update that? Because I know things change quite often.

SPEAKER_05

Yeah, we do three-year check-ins with clients. Basically, like, hey, it's been three years. Do you did anything change? Should we chat? I just don't, clients don't want to talk about death all the time, even though we make it fun. I have, you know, bourbon in my office if that helps clients. I'm like mad, and there's a bar cart in the back. When I work for the government, we couldn't do that. Now that I'm my private office, I'm like, hey, what do you want? Let's go. Um, but I don't, you know, obviously liquor up all my clients. But the point is, is you know, we need to be smart about what we're doing and we need to be organized. And part of that is just thinking, see, thinking these things through. And now I totally forgot what the question was because I started blabbing about bourbon.

SPEAKER_01

How often do we have a book?

SPEAKER_05

Okay, thank you. Because once I started thinking about bourbon, I just totally bourbon or whiskey. No, it's bourbon. I mean, of course, whiskey's the umbrella, but no, I like yeah, bourbon. I was just thinking about the family. The family. Yeah, yeah. So wow, I feel like I'm on drugs. Tell me more. How often are we updating? Wow. So ridiculous.

SPEAKER_01

You're my favorite.

SPEAKER_05

Okay, you're like, but Larry is no idea what she's talking about. Yeah, so updating. I mean, you can update as much as you want. You could come to me every six months and be like, I want my nephew in and I want him out. I want it in. But like that, that's that would be expressive. But I would say, you know, yeah, as big things change in your life: birth of a kid, death of someone, purchasing a new property. It's a good idea to contact your lawyer. I do things flat feed, so I'm not gonna charge the clients to interact with me, which they really like. So when, yeah, someone's buying a new house, I'm like, hey, I'll tell you what to do now. But if you don't remember, it's three years from now, email us and we'll tell you how to take title, right? You get a new car, you get a new bank account. I have this one client who I really adore. But every time they're like once a year, they'll send me an email like, hey, I have this, like me, like I have a Hyundai and I think it went down $5,000. Does it matter? I'm like, no, no, no, no. We're talking like like big changes, but I would rather have someone be proactive and ask me those questions so we can keep things living and breathing. Because when a c you know, when a client comes in and their truss is my age, that's my favorite. I'm like, hey, I was three years old when this truss was born, right? Or I wasn't even born, like this is the result, right? They're all laughing because I motion at my body like this is the result, right? Of like what happened in the 40 years, the 38 years to be exact, of like when you know, like hello. Yeah. So we probably should keep it living and breathing. So I would say if you have a if you have an update you want to make, you should contact your lawyer. Okay. Or if not, ideally the lawyer should be reaching out to you. And I would say that's a more modern way to do it. Old school lawyers, we're not doing that. I think the more modern approach is like, well, if we don't talk to you, the thing's gonna not work and let's be on the same page.

SPEAKER_03

So question back to cars. Should I have my cars in a trust?

SPEAKER_05

Should I what kind of cars do you have?

SPEAKER_03

Yeah, so I have like seven. Okay. And I have a lot of cars, and combined value, they're worth a lot of money.

SPEAKER_05

Yeah, so I'd say this is a greater, you know, it's funny because I personal property, people are like, well, do I really have to go to court to get personal property if it's not in my trust? And I, you know, I'm I'm pretty sure cars are generally an exception, but I really don't like to risk it. Like if you have a cars, like I have this one client, he calls them his hanger queens, okay? And they sit in his hanger and he doesn't really drive them. So, like, no harm if they're in the trust, right? But if you're like constantly out there driving and you think you're gonna get in a car accident, then maybe I would feel a little bit differently. But I mean, that's an interesting distinction. You know, like what are you doing with these cars?

SPEAKER_03

Yeah, yeah. I don't want to pay taxes if my kids inherit them if I die tomorrow.

SPEAKER_05

Uh-huh. But are you like driving them on the rag? You are okay. You're rotating them through. Totally. I probably would say to be safe, I would put them in there.

SPEAKER_03

Oh. And does that mean title in a trust? Or that just means mention them in my trust that I have.

SPEAKER_05

You'd have to go to the DMV and you have to put it on.

SPEAKER_03

And change titles. Yeah.

SPEAKER_05

That's interesting. Yeah. Or yeah, or DMV has like a transfer on death. So you could you could do the middle ground, which would probably be even better that you don't have it in your trust now, but it transfers on death to I would probably advise it goes to your trust at that point, and then your trust dictates where everything goes. Got it. Yeah.

unknown

Okay.

SPEAKER_05

Yeah. And I guess I should probably say, like, none of this can be taken as legal advice. Yeah. A lawyer has to say that, right? Because I don't know, know your specific situation, and maybe I'm not looking up the law to confirm. So we're just chatting here.

SPEAKER_00

So let's start at the beginning. Well, I'm gonna ask this real quick.

SPEAKER_03

Okay.

SPEAKER_00

And then it's probably the same thing.

Will Vs Trust And Probate Triggers

SPEAKER_00

Most people say, Oh no, I have a will. I don't need to have a trust. Mm-hmm.

SPEAKER_04

Mm-hmm.

SPEAKER_03

Yeah. At what point in somebody's age or their financial well-being or whatever, should they start thinking about doing the trust?

SPEAKER_05

My youngest client is 25. Oh, this is probably 95. Okay, so it totally runs the gamut. But I would say that really there's like two tests. Almost that's how I guess I'd think of it as a lawyer, but two ways that sort of throw you into court when you die, your stuff into court, because I guess you're not there. We're gonna bring, well, we could bring your ashes. I don't know how the judge would respond. We're like, hey, we're all here for court. Let's go through probate, you know. I mean, I was a prosecutor before, so don't even get me started that I've seen it all. So that is kind of the way that I would think about it. Like, what is gonna put my loved ones into court when I die? What is gonna make them have to go through probate? And the threshold is about 200,000 in assets or owning a piece of real property, improved or not, right? So I can have a vacant piece of land, it could be worth 25,000, not in this area, but you know, that will throw you into court. Or if I say I had a brokerage account for about 200,000, like that's gonna throw me into court. So that is what we're trying to plan for. So we're taking all your treasure, like I said, the treasure chest, it's all spread around. Your burgerage accounts at Morgan Stanley, you know, your car is in your name, your house is at the land record, says it's in your name, right? Your bank account's at Wells Parker, whatever. I don't care where you have your assets. But the point is you have all this stuff spread around, and we need to get an asset list going, and then we need to figure out which of those goes into your treasure chest and which has a beneficiary designation, either to your spouse or to the trust, or because we can avoid court on a beneficiary designation as well. Yeah, but the fear is if we just put like down our spouse as the the primary beneficiary and we're in the car with them a lot and we've died at the same time, then we're going to court on that asset because we didn't have a backup. So I usually like the trust to be on there as a backup beneficiary so that the trust can talk about what all the contingency plans are.

SPEAKER_00

Can you explain court more? So people who are just trying to figure this out because it's a lot, and you're making the treasure chest very appealable.

SPEAKER_05

Well, yeah, who doesn't want a treasure chest? I know. It's like Pirates of the Caribbean, right? We're like going around, we're gonna but then you're then you recurse. So never mind. I take it.

SPEAKER_00

We're not like Meglane and a parent.

SPEAKER_05

Yeah, but we'd be Kieran Knightly, so that would be a good thing.

SPEAKER_00

Oh, that is true. That is true.

SPEAKER_03

Then we'll talk about scurvy.

SPEAKER_00

Ah, yeah, never mind. Yeah. That is definitely so we want to avoid court. Is that the point of the trust?

SPEAKER_05

Yes. Clarify that for yeah. So the state of California, I can't speak for other states, but most states are pretty similar. The state of California says, hey, when you die, if you die without a plan, how exciting. We have a plan for you. Right. Right. And and they're not trying to be annoying. There's just needs to be a peaceful way to transfer property. So essentially, while you're alive, right, you show up when you buy a house. I mean, you all are in the home industry. So you show up, and at I guess I don't even know exactly what the meeting is of the meeting the meeting is called because I don't have the house, but someone shows their ID, right? And like we sign over the house to this new person because I have the ability to transfer it because I can prove who I am and I own this thing.

SPEAKER_04

Right.

SPEAKER_05

Right. So if we die, we no longer have the ability to show our ID and prove that we have this thing to give away. And that's where the court steps in and they say, Hey, we need to figure out someone needs to step in your place to sign. Okay. So that's when we go to probate. Now, if we bake a trust, we say, I have this treasure chest and I have all this treasure in it. And then we can pass on the treasure chest to someone new. Because when we create a trust, essentially what we're doing is we're creating a contract with me, me, myself, and I. And I'm saying, hey, I own this thing. Okay. So we're gonna use your water bottle. Okay. I own this water bottle, right? That I'm like literally holding up this water bottle and I say, I have this thing and I want to put it in my trust. What does it actually mean? What does it mean to own this water bottle? I'm saying, hey, I have the ability to grant it. I'm a grantor, I can give it away, I can sell it. That's one component of owning this water bottle that I'm holding. Another component is that I get to manage it. So I become a trustee. I manage this thing that I own that I can give away that I can sell. You know, I take it home, I wash it, I fill it with water, right? And then I benefit from it while I'm alive. I drink the water, and it's supposed to be good for me. And who knows how much water we're supposed to drink, right? As well, this science out there, you can listen to it or not. But the point is I have all these rights and responsibilities of ownership. And when we get a trust, we're basically saying we have all those roles. And when we die, no one is has the ability to give it away. We already said what happens to it. No one's putting more treasure in the treasure chest. Someone new will become a trustee and they will make distribute all our assets to whoever we decide is the beneficiary. Okay, that's practically how a trust works. So if we get all our stuff in the trust, the treasure chest, then the court doesn't have to say how that goes down. And that's really what the court's doing. If we don't make a plan, the court's gonna say how all that's gonna go down.

SPEAKER_00

And that changes the financially. The trust versus court is what is it?

Probate Costs Timing And Kindness

SPEAKER_05

Something huge, huge, huge difference. Yeah.

SPEAKER_00

So let's just say you had a million dollars in a trust, you get mostly your million dollars or whatever assets worth of millions. And then if it goes to probate, you get something like $400 or $600,000.

SPEAKER_05

No, it's the cost of probate is about five percent. Right. Okay. Okay. So on a million dollar house, that's gonna be $50,000. Okay. Which is a lot of money, right? I would say on average, clients are spending about $7,000 with me, between five and ten thousand. Right.

SPEAKER_01

And also you have like sibling issues and all this other stuff, right?

SPEAKER_02

And I think I think it's funny because I'm still back on the still on sex from 20 minutes ago.

SPEAKER_05

I'm still on bourbon.

SPEAKER_02

So it's um, but I think it's like at my age right now, like I go through different emotions on this thing, and then getting to this point, having seen family go through it, your your my dad goes, Stacey's parents, all these things happen. I don't think it's so much how sexy can you make it. I think it's actually the kindest thing you can do.

SPEAKER_05

Yes, that's how simple can we make it? Yes, yeah.

SPEAKER_02

I truly think, and I think that from a marketing standpoint to people, yeah. That's the business we're in, is like, because you can appeal to people, it's something we should do. Yeah, kind of resonates, right? Yeah. And even this thought of like accumulating something and moving it around for other people to benefit from, I'll get to it. But the thing about it is most people see themselves as kind. Like in a blind state, there's an optimism bias. If people are answering a question, do you think you're a kind of person? Everybody's gonna say, I see myself as kind. So I think if you appeal to them, no, I'm an asshole. Right? But a lot of people would kind of lie to themselves about their finances, about their responsibility. But I think if you hammer home that on some level, because now I've seen it on the other side, yeah, and without. Yeah, and and a properly planned estate is the kindest thing you can do for your relatives, your kids, and things like that. It's one of the nice things you can do in your whole lifespan, yeah, is where you just take that extra moment, put it in an order because there's a lot of shit going down. When you die, there's a ripple effect of emotions, a ripple effect of things. And you don't there's two parts that I think of it now there's two one of them is the emotions of losing somebody and the business of dying is truly a business. There's a lot that goes into it. And the other thing is. You don't know somebody when you think you know that when there's two million dollars between two people and there's no state, you don't know that. You don't know how people, friends, family are gonna react when there's a stack of trying when there's a pile of these coins in the middle, and they think there's something they might have after the moment that's coming past away, they might even say, like, we'll be great together. We'll just figure it out. We'll just put it in the right. I love you. I love you. We'll put it right on a lot different when you start thinking like that is the shit kind of the the thing about it is it takes a little bit of the emotion out of it in in a positive way, and I just think it's kind of um it's kind of a nice thing and and a kind thing to do.

SPEAKER_00

Oh, the other kind thing you explained at that little event is the timing. When you have a trust, the timing of the disbursements and the grieving is just so much more kind than what probate does because that takes a year or more, right?

SPEAKER_05

Yeah, I mean, usually longer. I mean, it's a gift. I think the point that you're both making is really you're giving a gift to someone. Yeah. Right? You're not gonna see the result because you're gonna be unconscious or you're gonna be gone. You're gonna have the peace of mind that you have this thing all set up and that it puts you in the driver's seat. So, again, as opposed to the court deciding who's gonna get what on what timing, how much it's gonna cost, you get to decide how all this goes down. Um, but so it's really a gift, though, in the end, that you are giving to people. Cause yeah, I mean, if you my grandpa died in December. So, I mean, like I've I've been through this personally, and of course with clients, but I mean, my mom had a death certificate within like two weeks, and she was able to start doing all the things. You know, she versus if we're waiting for a court. Totally. I mean the court isn't charge of the death certificate, but like you come in with the death certificate and you're like, this person died, and the court's like, no, you don't have room on our docket for you know 60 days, 90 days, six months, whatever. And then you just have to sit there and wait.

SPEAKER_02

Yeah, and it's also an extension. So you then I love this conversation because I think it's also an extension. How do you see yourself? Let's say I create this thing with you, and I have a certain relationship with my three kids, and I maybe we can we take them out to dinner. I'm happy to cover the bills, just like this kind of equity kind of thing. It's an extension, it's a legal extension of maintaining that relationship with people after you're gone. Like you're kind of setting a tone for how this is gonna be, even when I'm not here, this part of it is not going to interrupt how we thought about you, your life's gonna go and do what it is. But yeah, this little piece I'm gonna do with you for you know, not five percent of the estate, but much smaller. You get you get into the point zero zero number of an estate. You know, I think that's amazing, but and I guess the the it begs the question. You probably walked into some of an early situation where they say, oops, now they want to get a hold of you. Does that

Family Meetings Unequal Inheritance Plans

SPEAKER_02

work? I mean, do you get some of those calls going like so-and-so just died in AOS out, or is it too late?

SPEAKER_05

So far, knock on wood, all my clients that have died has gone smoothly because we've been really intentional about our planning. And I hound clients, I mean, with love, but it's like, hey, this is super important and this is why. And I think once they're there, they get it. And we go, I go over examples, and and I a lot of times too, I will make not make, I will request that you bring your grown kids to our last meeting. I'm like, hey, and I set the tone that way. I'm like, hey, we're here for the family meeting. I'm gonna go over this beautiful binder. I'm gonna talk to you about all the hard work your parents have done to make your lives easier. And I just want to be clear, we're all here for family harmony. You know, everybody is, we want everybody to be happy while we're alive, but also that's what we want at death. And like, hey, parents, chime in. And so it gives this opportunity while everybody's alive and healthy to ask questions and to be set an intention that this is what we're looking for down the line. So I think the clearer we can be, the more everybody's informed, the better. And if I have a situation where you're like, hey, actually, I'm gonna give a kid less, and this is why. Or I get some of you.

SPEAKER_04

Oh my god.

unknown

Right.

SPEAKER_05

I only have one boy, so these kids less. Or maybe, or maybe the girls got married and you pay for their weddings, you didn't pay for his. I didn't want. Right. But I'm just, you know, I mean, there could be uh reasons for unequal inheritance. And so then I will request that at a minimum I will draft a letter as to why I think this is happening, and I call it a letter to trustee, and then I'll ask the clients is this accurate and have them sign it. So it's not technically like in the legal documents, so it's not gonna show up in court and we're only gonna give support as to why we're making these you know unequal like you didn't do something wrong. Well, not just me, it's not just to cover my ass, but I mean that's smart too. But it is also so that so that in a time of grief when everybody thought they were gonna be cohesive and you hey, and then we had this family discussion about well, Jimmy gets more because Johnny got whatever during life, then of course everybody forgets that when someone dies, and then I could pull up the letter and say, Remember we had this family. It's called unequal inheritance, yeah, or if you want to disinherit from someone, yeah.

SPEAKER_03

So I love that you bring in the kids, the adult kids. Because the adult kids, that's huge. Yeah. Like we went home, had the conversation with our kids. Yeah, we even talked about, hey, if I die tomorrow, you're gonna get a shit ton of money. Yeah. But I don't think you'd be responsible if you got it all now. So what if we did like $5,000 per month, blah, blah, blah to you. And they actually chose what they wanted. I love it. And it was up until 30 years old, they get this amount. Up until 40, they get this amount. And then once they hit 45, it's all dispersed. Perfect. So it's really cool to have that conversation and have it out in the open of what's gonna happen.

SPEAKER_05

Well, and I mean, what would you have done at 18? I'm I felt like I was pretty strong. I was a valedictorian, I was responsible, I went to UCLA, whatever. No, I would have been a I would have been like, woo! Exactly. Like, I'm by the listing.

SPEAKER_02

You've never read the book you've seen in the movie Fear and Loathing in Las Vegas. That's that's where I'm doing a shit ton of money at each other.

SPEAKER_05

Okay, I mean, I might do it at 80. I'm hoping to do it at the end of my life, okay? I'm hoping to be like 80, and then I'm like, let's go. I don't have any kids, okay? I'm an auntie, so I'm gonna be like, tell my nephew like how much I love him, and then I'm gonna be like, also, but like I'm going, I'm just gonna trial the shit now. Right? Because I've been doing like 10 background checks. Like, I you know, I'm spin so straight late as I was a prosecutor, but now I'm like, yeah, when I'm 80, great. That's yeah, that yes, I'm gonna send it at 80.

SPEAKER_00

I could see you on Molly at 80.

SPEAKER_05

Just like why not, and I don't care if I'm spent in all of an event point. Yeah, right. Like now I would. I just, you know, like that's not where we're trying to go for now. That's where we're gonna be able to do that.

SPEAKER_03

That when you hit 50, you can do anything you want. You can do whatever drugs you want, you can do whatever. And now you're 50 and you're now like, oh, I'm gonna get like mistake. Push it back up. I wouldn't do that right now.

SPEAKER_02

Your brag sheet, and it's pretty much, I guess, what kind of dunks it does say here that you were born and then you were prosecuted, and now you're doing that, there's nothing else for you.

unknown

That's it.

SPEAKER_02

Actually, ignore him. Ignore him.

SPEAKER_01

There's some line dancing you probably want to say.

SPEAKER_02

Oh my god. There's a human being here, too. Yeah, a legend.

SPEAKER_00

But really quickly, so Ryan is third gener or second generation Santa Cruz, Jerry's third generation, you're second generation, third generation. Are you first or second generation Santa Cruz? And what's what about Santa Cruz makes you such a kind attorney?

SPEAKER_05

You know, I don't know what it'd be considered. I was born here. Were your parents born here? No. Okay, so you're first generation. I'm first generation. Okay, so I'm like the youngest in the room of generations. No, I'm zero generation. Oh, you're zero generation. Okay, well, okay, good. Well, does it feel about how kids are where am I at? Oh my god. You're you're gonna sit with us. Yeah, no, my parents were born over like well in California, but over the hill, and then when they they migrated here, you know, came here when they thought, like, oh, housing's cheaper.

unknown

Yeah.

SPEAKER_05

I mean, good for them. It worked for them at the time. But yeah, I was born and raised here. I went to Baby Elementary, then Vine Hill, then Scottsville Middle School, then Scottsville High School. It was like, you know, it was the third graduating class. So the local kid, and then I went to UCLA for undergrad, and I don't know why they let me in for law. Undergrad, I get it. Like I was a good high school student, but college, I was like, yes, this is the greatest thing I've ever done. How many years can I stay in college? Um, and my parents were like, no, you have to graduate. That's not how it works. Yeah, it's not how it works. And UCLA actually kicked me out early because I had so many units. I kicked like the unit cab. I like took too many classes because I was so nerdy, but also just like parting my owls. I don't know how I did it, but I was young. And so they let me in for law school and I stayed, and that was fabulous.

SPEAKER_02

Pin that though. So right there, rewind a little bit. Yes. Like junior high, high school. Are you an advocate? Are you a debate kid? Did you choose law or did you go to school, then decide law? Like, when did when's the tipping point where you said this is what I'm going to school for? Like how old is it?

SPEAKER_05

I thought there were only like two real options, if I'm being honest, like doctor or lawyer, that's it.

SPEAKER_02

My parents sucked. Why didn't they do that? Because mine is, I don't even think they gave me an option. I was just like at the boardwalker, like, that's fine.

SPEAKER_03

It's career, you don't have to go.

SPEAKER_02

So that's I guess that's the question. That's yeah, no. But were you a good public speaker in high school? Like, what like we did you feel like he wanted to go into it to advocate or just make money or like what was your what was your purpose like for law?

SPEAKER_05

Well, I was like an annoying why kid, and I like to argue. Yeah, you know, I mean, yes, I did like the eighth grade graduation. I was an eighth grade graduation speaker. I was a speaker at you know, Scottsville High graduation. So I mean, I was always I was constantly public speaking. Mom is afraid of public speaking. That's interesting. So anytime there was a public speaking class, she was like, you have to take this.

SPEAKER_04

I love it.

SPEAKER_05

And so I kind of just that was sort of natural, and I didn't like blood. I want to be an anesthesiologist, but I was like, oh god, you should like cut on cadavers, and I don't like blood. And in hindsight, maybe I could have done it, but at the time I was like, absolutely not, duh, lawyer. Okay, those are the two choices. So no blood, let's go lawyer. And my dad had been complaining a lot. I love him, but he has a little bit of a victim mentality, and so he was like complaining that his house had been broken into a couple times. We lived in the west side of Santa Cruz, and there's always like a homeless person on our lawn, or you get up at five in the morning because he was a plumber by a train, right? Yeah, and house. Yeah, okay, sorry. Yeah, well, we're not, he wasn't very politically correct about it, okay? And you get really mad and he's like, Oh, yeah, we'd call the police, and the police were like, Larry, what's going on again? So he goes like screw that, we're moving to Scotts Valley. And so he'd always complain that he felt like the people that worked really hard and that paid taxes didn't get represented. And our house got broken into, and then like, what was the result? The result is every time he leaves on vacation, he's stressed and he's upset and he thinks someone's gonna steal a shit. Okay. That was how I grew up. Now, whether you think that's right or wrong, that's like that was the environment that I grew up in was he was very upset as a victim that he felt like he had no protection and no rights.

Prosecutor Lessons And Compassion

SPEAKER_05

So I was like, okay, cool, yeah, I'll be a prosecutor and get a public speaking, I'll go to court and I will send people to prison. I mean, technically, like I don't. I would I used to ask people to be sent to prison, the judge decides that. But that was like, I was all gung-ho. And then I got to be a prosecutor and I realized, ooh, this is a little more gray than I thought. And having been valedictorian, having been, you know, straight A student and working my tissue job, I didn't have a lot of life experience. So I mean, I was a student athlete at, you know, all those things, but I was not a cross-country soccer and track, right? But I so I was so busy like going to state for cross-country, and I was so busy trying to get the A's and take the honors classes and be student body, whatever, right? And start, you know, a volunteer club. I was so busy in the school that I wasn't living like life, and which is fine, you can't do it all. But the point was I had no idea, like I had no idea what it was like to maybe that you'd never had a roof over your head, your parents didn't. My mom stayed home and raised us, right? And so I was like, I was very privileged from that regard. So I didn't realize we had, I just remember this would happen actually a fair amount, but when I was in San Diego prosecuting as a very young district attorney, these people would come into court and they'd be like, Your honor, they're not my pants. Like I there are drugs in those pants, but they're not my pants. And I just thought it was like I've used that one. Yeah, well, I mean, yeah, I'm gonna use them later tonight. Like these aren't my pants, don't you? Like, but you know, but like for us, that seems so ridiculous. Like you go to your closet, like you know they're your pants. Like, like, what the f what do you? I'm not allowed to drop an F-bomb, like we're not even again, like, what the fuck? Those are of course those are your pants. Like, I just thought it was so crazy. But when you think about it, if you're you know a drug addict and you live in this like home with all these other drug addicts, like they might not actually be your pants. Now, your pants probably have drugs in them too, so not a great excuse, but it's just like this reality that we're not part of. Privy to privy to, thank you. And then a law school I intern, they call it an externship. That's not like the point here. I like worked for the U.S. attorney's office. And same thing, we'd have had this with one defendant, and my job is to go through all his prison calls. Okay, so you're in when you're incarcerated, at least at that time at the LA, whatever the Fed facility, you got 15 minutes a day on the phone. Okay. So he would use his 15 minutes, and I don't know if he would like bargain with other people and he'd get their 15 minutes, and he would call all his girlfriends. Okay, he had like five or six of me. He's like, call these women outside of prison, he would talk to them. And I was supposed to see if he said anything incriminating. But I could not, for the life of me, figure out why these women would date a man in prison. And then I finally realized, well, shit, their brother's in prison, or their dad, or all these people they know are in prison. So being in prison isn't weird. Thank you. I don't know anyone that's in prison. I didn't grow up that way. Just like I grew up knowing that those were my pants. But like when your reality is so different, and so it's really hard, I think, sometimes, at least now I feel this way as a somewhat mature adult, that like the system it it kind of in some ways doesn't make sense. I don't know if there's a better one out there, but how are you supposed to punish this person that like those actually might not be their pants? Or, you know, they everyone they know is in prison. So it's not weird for them to marry someone in prison and then have kids with someone in prison and start the cycle all over again. Like you just it's a sad reality.

SPEAKER_02

Uh deputy district attorney Patrickasta. Okay, yeah. So funny in this conversation. These are our Christmas conversations, it's not what she thought it was going to be. Oh my god. And so much that, but before I forget this question, what's your biggest prosecution dummy? Biggest win. Like in your like site that you want, like I know that there's you know, in hindsight now, you're not doing it. Like, what's your what was did you have one where you want a case and you're like, fuck yeah. Like like like is there one like that? Did you mean like murders or anything rather like that?

SPEAKER_05

I wasn't there long enough to do that. I mean, I worked on this crazy death penalty case where they decided not to actually give the people the death penalty, but they had killed 13 people.

SPEAKER_02

So they have ended up being the guy with the it wasn't his pants, I think.

SPEAKER_05

Yeah, yeah. No, these guys for sure. They knew they knew what their pants were. Yeah. No, they were like on an episode basically, like almost like breaking bad or something crazy shit. I mean, they were like dissolving bodies in life, but not doing a good job of it. So then when like the the snitch like said, yeah, we should go look here, then we could find it.

SPEAKER_02

I think she was in homicide, yeah, and it was the back end of the research and those same thing you did, like go do this for two months. She saw a side of humanity that I don't think she wanted to see on a daily basis. I think she she saw that sort of those stories of it. It it's so it's so much more in the highways. It's not TV, it's real, right? Did it emotionally affect you?

SPEAKER_05

Oh, yeah. I mean, I that's why I was like sucking in this whole lot of me. That's why I don't do it anymore. I remember I had this one case, and the guy I asked the probe, so probation gives a recommendation as to how much time they think this person should get based on their criminal history and based on their interview of them and what they think their rehabilitation score is. Yeah. So I remember this one guy, they said he should get 15 years in prison and because he had had multiple drug offenses offenses. And I don't, at first I thought it was funny because when I read the report, it's like they found crack cocaine in his crack, like literally, he had like, you know, wow, you know, in his pants. And so I was like, oh my god, this guy is crack in his crack. Like, this is ridiculous. Like, so I get up there and I'm young and I'm like, yeah, and he should go to prison for 15 years. And the judge is looking at me because I'm, you know, I'm totally green, and he's like, Okay, Miss Thompson, cool. Yeah, no, I'm gonna give him seven. And I was so upset, like, he only gets seven years. This is ridiculous. But he had walked into that courtroom, a free man, and so then right then the deputies came and they basically undressed him, not fully, but like took his belt off, like took everything out of his pocket, put him in handcuffs, and he had this little boy in the audience, like a three-year-old little kid with the baby mama, and and the little kids just like screaming and crying. And I started thinking, oh my god, like for cracking the crack, like I we just took away his father. And yes, I know that it was against the law and he'd done it multiple times, like, but like that's what we just did, and I'm so like be proud of that, and then go home and sleep at night.

SPEAKER_00

Like that is so interesting because you're like, I'm trained to win, I'm trained to win, yeah.

SPEAKER_02

And get the most, and get the most.

SPEAKER_00

Yes. So that leads me to the next question. They say attorneys are argumentative and it comes home with them. How are you like how do you change that in your personal?

SPEAKER_02

It's good. Yeah. Five women. Okay, no, I mean on top of the table. Yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah.

SPEAKER_05

Um, I yes, I have had partners complain about that. I will say on some level, I think it's a thing it's a fun file. You're like, well, you're cross-examining me. It's like, well, just do your fucking shit. Like, like if you know, like on some level, like you're being annoyed.

SPEAKER_02

Like, it's not a cross-genication. That's a state. Yeah. Yeah. It's a closing statement. That's right. Yeah. We're not going out the moment.

SPEAKER_05

So, no, but I think, I mean, I have had to lighten up over time. And I learned that professionally and on a personal level that like life isn't all about that. I mean, I think, and I it's funny, couples come in and they tell me this all the time that they argue over loading the dishwasher. And I'm like, is that really what we want to argue over? Like, as long as the dish is in there, does it really matter? Like, if it's not exactly how you would load it, like pick your battle. So I've really learned that. But I did go to some really intense training for lawyers on how to be more compassionate. Uh-huh. They called it conscious connection through the four C's. Oh, creating conscious connections and communication or something. Not for crack in the crack. Crack cocaine in your crack. Yeah. But I mean, that was one of the things they talked about. They're like, you, the what we trained you to do in law school does not necessarily make you a good human in a relationship or even with your clients. So you need to start thinking a little bit differently about it. And that was kind of an eye-opener for me because I just was sort of like, this shouldn't be hard.

SPEAKER_04

No.

SPEAKER_05

I didn't have crack in my crack. I've worked my ass off to get here and do all these things. Like, what's your problem? Like, why can't you show up and load the dishwasher? But what you have to realize is, you know, so I I guess I amp up, the short answer is I amp up my OCD type A at work, and you get this beautiful, perfect binder. And at home, I'm much more chill because you know I've had the like cover it.

How Ashley Unplugs From Work

SPEAKER_02

I feel like we're hovering around it where the elephant in the room is the thing we're 40 minutes in, five minutes left, and no one gifts the word. What is it?

SPEAKER_00

So how do you relax? What fun to you? That's not it.

SPEAKER_02

You missed it. Asteress chaps.

SPEAKER_05

Yeah, so I got a picture of assess chaps. Oh my god, yo, yes. Absolutely. Well, that was one of the things in Vegas that didn't stay in Vegas. That's probably and I was like, I don't know what to tell you. Like, we're in Vegas, and if I'm I'm gonna wear assless chaps. And one night I wore pasties out, and they kicked me out of my hotel because I think they thought I was a hooker. And I said, it's Vegas. Like, why can't I just wear pasties? My nipples.

SPEAKER_02

First of all, this is my state of dream.

SPEAKER_05

I will not, I will not be wearing pasties and assless caps to the office because I didn't call this actual harassment late from my time.

SPEAKER_00

Actually, if you want us to cut that out, Brian, then we will. But other than that, like, no, but seriously, in town, how do you how do you recognize having fun? And then when you're OCD, like do you catch your like what are your I need I I'm done with work. Are you like nine to five? And then you're like, I can try to do it. I mean bourbon.

SPEAKER_05

Yeah, but I would just No, but I mean I I the lawyers are known for having addiction issues. Okay. And it's because I think it it it re takes a certain type of person to become a lawyer and then also to sustain it. Like I have to be so on all the time. Okay. Um, and I have to be so I like I just have to report perform at such a high level that I think the easiest answer for most people is yeah, I come home, I have a drink, and it like dumbs me down. It numbs me out. So I've really had to work hard to be, and there have been times in my life where when I was prosecuting and I was like, I just was like, yeah, not good. So I've really had to work hard, like, okay, well, I come home and run, and now I have a puppy, so that like forces me to get outside or you know, really try I love line dancing. So then I get obsessed over the line dancing, but then that becomes unhealthy because I'm like, I don't know all the complicated dances, so then I go home and practice for hours. That's awesome. And it's very fun, but it's also, I mean, it's just like an some so no, but I haven't quite figured it out yet. I'm still a workaholic.

SPEAKER_02

What about travel? Do you travel a little bit or I do, but then I like any favorite spots or anything? Or do you like world travel or I'm going to London, Barcelona?

SPEAKER_04

I love that's in gym.

SPEAKER_05

Like in a few days. Yeah. But I mean, I have like almost every lunch and dinner planned so I could go to the best spots.

SPEAKER_02

Would you roll it just for the colour?

SPEAKER_00

Oh my god, she's traveling and she's OCD about what she's doing while she's traveling.

SPEAKER_05

Well, I don't want to go there and get shitty food or shitty drinks.

SPEAKER_00

Hi.

SPEAKER_05

Oh my, okay. Um, I'm going with my boyfriend. Nice. I'll see. Yeah.

SPEAKER_03

Thanks, mom and dad, for sending me to Cabrillo.

SPEAKER_05

I mean, that's amazing though, right? Like it says something about you can choose a couple of paths and they all have music palms.

SPEAKER_03

Totally. Yeah.

SPEAKER_05

Yeah.

SPEAKER_03

Interesting.

SPEAKER_00

Well, I wanna thank you for coming on here. One is I do think that you are such Valuable human in a situation that nobody wants to talk about, and being vulnerable about what your highs and lows are in your industry is definitely difficult. But there's always somebody who's gonna listen to this, and it's just nice to have somebody come to you for their estate planning, or be like, Yeah, I have ADD or I'm an asshole and I'm alcoholic or whatever A word you want to put out there. But you you don't have to let your career definition define your other life definition.

SPEAKER_05

Yeah, definitely. Yeah, just a it's a journey though to figure that one out.

SPEAKER_00

Yeah, well, me too. I mean, all of us. We've if you listen to a lot of the podcasts, we all have journeys, and it's it's fascinating. And I was so addicted to the destination that as my health went down, it got even worse because I want that destination. I got farther and farther away. Yeah, I have really had to learn how to balance the journey by staying on the road. Don't drift over to intensity and don't drift over to laziness. But the journey, I don't necessarily know the road.

SPEAKER_04

So cool.

SPEAKER_00

All right.

How To Reach Ashley And Final Warnings

SPEAKER_00

Well, thank you, everybody. This is well, where can we find you, Ashley?

SPEAKER_05

I do have social media, but I don't know how to use it. So my team does it. So yeah, you have to go to my website, beautifullife estateplanning.com. That is where you could find more info about me.

SPEAKER_00

And I just sent a few clients to you, and so far a lot of people like you. So far, until until they find out about house chaps. No, no, that's they'll they'll like you more. I mean, we've just got everybody, yes, no, no. Because here's the thing again, you're talking about something that is so scary and so boring at the same time that having house chaps is like the humanity of it. I mean, yeah, I'm a total human.

SPEAKER_03

Yeah, I have a pair of human. So I have one business related question. I want to go back to it because I have clients that do this all the time. And what they do is they add their kids, their kids, their grown adults, to title to the property because they're trying to, I want them to keep the property taxes when I died. And I'm always like, I don't want to give the advice, but I'm pretty sure that's a bad idea.

SPEAKER_05

Well, co-ownership with anybody could be a bad idea, just to start with. Like, I mean, I didn't trust my ex-husband, so uh that was a bad idea just generally. But but I mean, you you you open yourself up to someone's liabilities, right? So say my parents are like, I'm not gonna, I'm not gonna pay Ashley to do a trust and I'm just gonna throw the kids onto the house. Well, again, when I got divorced, then if I owned a quarter of the house, then my ex-husband could have tried to argue that he owned an eighth of the house. And if they can't buy him out, then they're gonna have to sell the house. So I really don't I'm I mean, there are situations maybe you're 95 and you're about to die and you put your kids on the house, maybe fine. Yeah. I think from a risk standpoint, it's I would say generally it's not a good idea to put your kids on your house just so you can they can have it. Now, from a tax perspective, of course, that needs to, you know, I can't, I'm not an accountant and I'm also not a tax attorney. So I also am not the county. So I have to say those disclaimers. But yeah, you got to be careful about when you think you're gonna put these things because you the kids are your property is gonna be immediately reassessed once a kid gets on the title. Yeah. And now you've messed with your capital gains versus when you pass it on when you die, they get the full capital gains of what you, you know, you bought the house for 50 grand, now it's worth five million. I mean, that's a big difference, but you know, they get they get all that tax-free as opposed to you put them on, now they own half of that house, and that capital gains went away. So I I yeah, I don't I don't think that's generally a bad plan.

SPEAKER_03

I thought so too. Just wanted to double check.

SPEAKER_05

Yeah.

SPEAKER_00

So basically he was right. That's what yeah, you're right. High five.

SPEAKER_02

This is not legal advice.

SPEAKER_00

All right. Well, this is Brandy Jones with KW Thrive 831-588-5145.

SPEAKER_03

Brian Buckwalt, Cross Country Mortgage, and hideout vodka and other things. 831-818-2339. Jerry Seagridz with Seagrid's Insurance, 831-239-9425.

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