In this episode of Protecting and Preserving Wealth, we move to topic 3 in our estate planning series by tackling a critical but often overlooked topic—how to properly title assets. Previously, we discussed beneficiary designations, but today, we dive into why the way assets are titled can significantly impact taxes, probate, and the distribution of wealth.

One common issue we see is with married couples who assume their assets should always be jointly owned. While joint ownership works in many cases, certain assets, like IRAs, must remain in an individual's name. Instead of joint ownership, the key is to designate the spouse as the primary beneficiary, allowing them to roll over the IRA upon death while maintaining tax benefits.

Another crucial factor is understanding community property laws. Arizona, along with eight other states, offers unique tax advantages through community property rules. If a couple holds a property as joint tenants instead of in a community property trust, they may only receive a partial step-up in basis upon the first spouse’s passing. This could lead to significant capital gains taxes if the surviving spouse sells the home. By properly titling the property, they can eliminate unnecessary tax burdens.

We also discuss the importance of utilizing trusts. While some attorneys argue that trusts are unnecessary for estates below the federal estate tax threshold ($13.6 million per person), we believe that avoiding probate and ensuring a full step-up in cost basis outweighs any minor costs involved in setting up a trust. Trusts also provide a streamlined way to manage multiple financial accounts and ensure consistent distribution to heirs.

Improper titling is a common mistake, particularly with joint brokerage accounts. If a highly appreciated investment portfolio is held jointly, the surviving spouse only receives a half step-up in basis rather than a full step-up. This can be avoided by transferring the account into a trust. We frequently guide clients through these changes, ensuring their financial plans align with their long-term goals.

Of course, not all assets belong in a trust. Cars, for example, are best kept in an individual’s name to simplify insurance and liability issues. For day-to-day checking accounts, adding a "payable on death" (POD) or "transfer on death" (TOD) designation is often sufficient. Even the DMV now allows for beneficiary designations on vehicle titles, making it easier to pass on assets without probate.

On the other hand, primary residences, rental properties, business ownership interests, and taxable investment accounts should generally be titled in a trust. This ensures that upon death, these assets pass seamlessly to heirs without court intervention. For business owners, holding an LLC in a trust is an effective way to protect the business’s value and avoid unnecessary taxes for the surviving spouse.

Personal assets like collectibles, gold, firearms, and artwork can also be included in a trust. If these items hold significant value, listing them in trust schedules ensures they go to the intended beneficiaries without legal complications. We even assist clients in setting up specialized trusts, such as gun trusts, for properly transferring firearms.

Ultimately, proper titling and estate planning can prevent costly mistakes and unnecessary stress for heirs. If you're unsure whether your assets are structured correctly, it’s never too late to make adjustments. At Hosler Wealth Management, we work closely with attorneys to ensure trusts are properly funded and structured for maximum benefit.

For more information about anything related to your finances, contact Bruce Hosler and the team at Hosler Wealth Management: Visit them online at https://www.hoslerwm.com/

Or call them in their Prescott office at (928) 778-7666 or their Scottsdale office at (480) 994-7342.

For more podcast episodes, visit our podcast website at https://hoslerwm.com/protectingwealthpodcast/

Limitation of Liability Disclosures: https://www.hoslerwm.com/disclosures/#socialmedia

Copyright © 2022-2025 Hosler Wealth Management LLC, All Rights Reserved. #ProtectingWealthPodcast #ProtectingandPreservingWealthPodcast #HoslerWealthManagement #BruceHosler

In this episode of Protecting and Preserving Wealth, we continue our discussion on estate and legacy planning, focusing on the critical role of beneficiary designations. Beneficiary forms take precedence over wills and trusts for certain assets, including retirement accounts like IRAs, 401(k)s, 403(b)s, life insurance policies, annuities, and pensions. Bank and brokerage accounts also allow for direct beneficiary designations through Pay on Death (POD) and Transfer on Death (TOD) forms. In Arizona, real estate can even have designated beneficiaries through Arizona beneficiary deeds.

We emphasize the importance of keeping these designations up to date. Failing to update them can lead to unintended outcomes, such as an ex-spouse inheriting an account despite a revised will or trust. Some exceptions exist, like certain IRA agreements that automatically replace an ex-spouse with a current spouse, but generally, financial institutions will follow the beneficiary form as written.

We also discuss cascading beneficiary designations, where assets flow through a primary, contingent, and tertiary beneficiary structure. This setup allows for flexibility, such as a surviving spouse disclaiming an inheritance in favor of children or grandchildren, ensuring assets go where they are most needed. This approach also allows for strategic tax planning, particularly when including charitable organizations. A charitable IRA, for example, enables tax-efficient giving by directing pre-tax retirement funds to a nonprofit, avoiding income taxes on those assets.

Additionally, we cover why individuals, rather than trusts, should generally be named as beneficiaries of retirement accounts. Trusts often force distributions on a shorter timeline, increasing tax burdens. However, naming a trust as a tertiary beneficiary can serve as a backup plan to prevent probate if all primary and contingent beneficiaries pass away simultaneously. This strategy avoids delays, public scrutiny, and creditor claims against the estate.

Finally, we stress the importance of working with knowledgeable advisors to structure beneficiary designations properly. Not all custodians or advisors offer the level of detail needed to maximize financial and tax benefits. To ensure proper planning, we encourage regular reviews of beneficiary designations and consultation with qualified professionals.

For those wanting more guidance, Hosler Wealth Management can be reached at hoslerwm.com or by phone at (928) 778-7666 in Prescott and (480) 994-7342 in Scottsdale.

For more information about anything related to your finances, contact Bruce Hosler and the team at Hosler Wealth Management: Visit them online at https://www.hoslerwm.com/

Or call them in their Prescott office at (928) 778-7666 or their Scottsdale office at (480) 994-7342.

For more podcast episodes, visit our podcast website at https://hoslerwm.com/protectingwealthpodcast/

Limitation of Liability Disclosures: https://www.hoslerwm.com/disclosures/#socialmedia

Copyright © 2022-2025 Hosler Wealth Management LLC, All Rights Reserved. #ProtectingWealthPodcast #ProtectingandPreservingWealthPodcast #HoslerWealthManagement #BruceHosler

In the second installment of our estate and legacy planning series, we highlight the critical role of beneficiary designations in securing and managing wealth. Estate planning goes beyond wills and trusts; proper beneficiary designations on accounts like IRAs, 401(k)s, annuities, and life insurance determine where assets go upon death, often bypassing wills and trusts altogether.

I emphasize the nuances of Individual Retirement Accounts (IRAs), particularly their "individual" nature and the implications of beneficiary designations. Primary beneficiaries, usually spouses, receive unique advantages, such as the ability to roll over an IRA into their name and defer Required Minimum Distributions (RMDs) based on their age. Contingent beneficiaries, often children or grandchildren, are next in line, while tertiary beneficiaries—commonly overlooked—provide an additional layer of security to ensure assets avoid probate in unexpected situations.

We also discuss the potential pitfalls of outdated designations, such as an ex-spouse unintentionally remaining a beneficiary. Jason, Alex, and I stress the importance of regularly reviewing and updating these designations to reflect life changes, like marriages, divorces, or the addition of new family members. Naming individual beneficiaries is generally preferable to designating trusts, as it simplifies the transfer process and helps avoid complications that could lead to unintended tax consequences.

A key focus is the tax implications of inherited IRAs. Under the Secure Act 2.0, non-spousal beneficiaries must withdraw all funds from an inherited IRA within ten years, which may occur during their highest earning years, resulting in significant tax burdens. Converting traditional IRAs to Roth IRAs during the owner's lifetime can help mitigate this, ensuring heirs receive funds tax-free. However, beneficiaries cannot convert inherited IRAs, highlighting the importance of proactive planning.

We conclude with advice on leaving IRAs to charities as part of tertiary beneficiary planning. This strategy allows families to avoid taxes on inherited IRA funds while supporting philanthropic goals.

Regularly reviewing beneficiary designations is essential, as it allows adjustments without the need to amend trusts or incur additional costs. With thoughtful planning, beneficiary designations can ensure wealth is preserved and transferred efficiently, aligning with the owner's wishes and minimizing potential tax burdens.

Disclosure: Ed Slott's Elite IRA Advisor Group is a private IRA study group of professional financial advisors.

For more information about anything related to your finances, contact Bruce Hosler and the team at Hosler Wealth Management: Visit them online at https://www.hoslerwm.com/

Or call them in their Prescott office at (928) 778-7666 or their Scottsdale office at (480) 994-7342.

For more podcast episodes, visit our podcast website at https://hoslerwm.com/protectingwealthpodcast/

Limitation of Liability Disclosures: https://www.hoslerwm.com/disclosures/#socialmedia

Copyright © 2022-2025 Hosler Wealth Management LLC, All Rights Reserved. #ProtectingWealthPodcast #ProtectingandPreservingWealthPodcast #HoslerWealthManagement #BruceHosler