The Biggest Wealth Mistake Happens Before You Even Invest | Episode 175

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Private Banking Strategies 22 min 2 speakers 8 chapters transcribed 1 month ago
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Why is ownership structure the most overlooked principle in wealth preservation?

Unknown 0:01
Welcome to Private Banking Strategies Podcast with Vance Lowe and Seth Hicks, your secret weapon to protect your assets and never have to start over financially again. Vance and Seth help high net worth individuals, families, business owners, and investors structure an asset protected tax-free fortress for their families. Learn how to keep what you earn and use the velocity of money to create your own private banking system. Join us on this journey as we explore the secret strategies of the rich and political elite and help you take total control of your financial security. Now onto the show.
Seth Hicks 0:38
Hello and welcome to Private Banking Strategies Podcast with Vance Lowe and Seth Hicks. Vance, how are you today?
Vance Lowe 0:45
I'm doing great. I think we've got a topic that everybody needs to know about today, and I'm anxious to get into it.
Seth Hicks 0:50
Yeah, we've been talking about what the first processes look like with private banking strategies and how you jump in and get an eight year analysis and understand how it can work for you. And now we're going to segue into a little bit deeper dive on ownership alignment of policies and are there advantages or reasons that you would structure or hold a policy in one entity or in a personal capacity as opposed to others? Are there reasons?
Vance Lowe 1:25
Yeah, and I really look forward to that. I think PBS, Private Banking Strategies, has such a unique approach in this area that no one's been able to duplicate. And I'm just anxious to really get into this so people can start to think how protection, how is involved in what we do.
Seth Hicks 1:45
The first place I think to start with understanding how life insurance contracts work is to understand that they are regulated by each state. They're not regulated by the federal government. They're regulated state by state. according to where you live.
Vance Lowe 2:06
So that being said, that can complicate things because, gosh, what if I'm in one state, I live in one state, and I move to another state? All of that has to be taken into account, doesn't it, Seth?
Seth Hicks 2:18
Sure. A person holding a policy in their own name in one state like Texas, can have and enjoy 100% protection by state law. And that's a function of anti-carpet bagging laws after the Civil War, where many southern states set up laws where their insurance contracts, which was the way that people banked, were completely protected so that the northern states could not confiscate southern assets. And so many southern states have 100% protection and exemption for their life insurance contracts from creditors, litigation, attack. And that is a huge difference in the way that other assets are held.

How do state‑specific insurance regulations affect personal asset protection?

Seth Hicks 3:05
Many of those same states have homestead exemptions. So your real estate, for example, in Texas is 100% protected by homestead laws. It cannot be taken in the event of a liability or a creditor issue. And That allows for some very specific planning, and especially in conjunction with your life insurance policies.
Vance Lowe 3:26
Exactly. The legal aspect of things, there's a difference of having a target on your back versus camouflage. It's set up right, they can't get to you, but set up wrong, they can target you.
Seth Hicks 3:38
And it's not something that is super cumbersome or tricky. It's simply the state laws that already apply. So if you're an individual in a state that has very little or no protection, let's just say California is one of those states. You've got many other states that have very little or no protection. Georgia, Hawaii, Illinois, Indiana. Those are all states that I just mentioned that have very little protection. So you would want to consider other legal structures for ownership. One potential way is to own policies through your entities, your businesses and corporate owned policies. And that has a different mechanism, different structures, different leverage. You can also hold them in irrevocable life insurance trusts, which are a separate entity and also avoid probate.
Seth Hicks 4:33
But with the current exemption of $24 million for married people, There's fewer people that run into those exemption issues. But if you're a high net wealth person, it's proper to consider the various legal ownership so that you mitigate your tax burdens.

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