You Want a Trust! Do You Know Why? | Series 5.7 - Enjoy More 30s: Family Finance

Episode 7

You Want a Trust! Do You Know Why? | Series 5.7

Published on: 25th October, 2021

Here are some high level concepts to find out if a trust is even necessary for you!

  • So the first thing to know about trusts is that there is some problem they're trying to solve. (03:27)
  • Now, the other main reason for creating a trust, outside of creating restrictions, is creating separation. (06:31)
  • So again, if you have no problem with your kid's spouse, if you have no special needs types of problems to consider or the separation problem that a trust can solve, again, likely aren't anything that you need to be worried about. (08:37)

Quote for the episode. "So for today, remember, trusts are not just for rich people or poor people. They are for people that are generally trying to solve a problem where creating restrictions (so when, who, how the money is used) or separation (so the money is not technically theirs)." (09:38)

Securities offered through TFS Securities, Inc., and Advisory Services through TFS Advisory Services, an SEC Registered Investment Advisor Member FINRA/SIPC. TFS Securities, Inc., is located at 437 Newman Springs Road, Lincroft, NJ 07738 (732) 758-9300.

Transcript
Voiceover Audio:

Welcome to the EnjoyMore30s Family Finance

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podcast. The only podcast dedicated to making life more

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enjoyable for young families by hitting on the financial topics

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that tend to weigh on us, stress us out, and distract our focus

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from simply enjoying life.

Joseph Okaly:

Hello, hello, welcome once again to

Joseph Okaly:

EnjoyMore30s Family Finance. Every week, I'm talking on this

Joseph Okaly:

podcast to try to help you with money. Any steps forward, any

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confidence I can help you gain, that means you get to remove

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some of that financial anxiety that you might be carrying

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around with you because all I want you to do is focus solely

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on making life more enjoyable for you and your family. This

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series that we've been talking about is all focused on the

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kids. It's focused on your kids. That's why it's called the Your

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Kids Money Mindset Series. Makes sense. And we're going to do

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that a little bit more today and today's focus is going to be on

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trusts. This seems to be a word that tends to be associated with

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people that have money, right? TV, movies, trust fund baby kind

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of vernacular, it all supports this kind of an association in

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our minds. It may be can whet our curiosity. So you know today

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we're gonna dive into trust when it comes specifically to your

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kids.

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Now, as always, if you like what you're hearing, please make sure

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to subscribe, wherever you listen, Apple podcast, wherever

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that might be. Clicking that star leaving the review, it

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really, really helps. We're trying to reach literally

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millions of other young families just like you that are out

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there.

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Last week, we discussed a concept that most people have

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never, ever come across before, which was how you save for your

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kids when it comes to education, the one we all know, as opposed

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to maybe letting them handle more of this one, more of that

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education, and instead setting them up for a much better long

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term retirement, which is a really far off concept. But it

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allows them maybe to live much more fully in the present when

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they have their own families. So if you haven't checked out that

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episode, yet, I really highly recommend doing so.

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Today's episode that we have for you is titled You Want to Trust!

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Do You Know Why? Where we're going to cover some basics of

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these things called trusts, because you've likely heard

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about them before here and there on TV or otherwise. They may

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seem advanced, they may seem beneficial, but it could very

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likely be something that you don't actually need. And the

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great thing about this episode, it's the first time out of any

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episode we've done so far that it's talking about something

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that you may not have to do. Something that you don't have to

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think about, instead of things to take a step forward, this is

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a thing that maybe you have in the back of your mind that you

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may not have to have on the back of your mind. So the goal for

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today's episode is for you to walk away saying, you know, I

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get high level what a trust actually is now, and I'm pretty

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confident one way or another, I'm pretty confident that if I

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ever really need to worry about it, now I know. So there are

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literally you know, a million different trusts out there, all

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for different reasons, so this is not an all encompassing

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discussion on every single type of trust. But just again the

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high level concepts so you can better know if a trust could

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Now my education personally before I became an advisor,

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before I obtained my Certified Financial Planner designation,

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when it came to trusts, my education came from movies and

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TV. The rich people just seem to have them right. Trust Fund Baby

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was almost like an insult in a lot of the shows. It's something

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you would say to a younger person who was just kind of

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handed a bunch of money that they didn't really work for.

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That was kind of the trust fund baby insult. The classic movie

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plotline I feel like is some rich distant relative that you

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never knew that left you a bunch of money or something if you did

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you know A, B, C, or D. There were some who basically A, B, C,

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or D are the hoops that you basically had to jump through to

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get this money that some long lost relative just happened to

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leave you. So the first thing to know about trusts is that there

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is some problem they're trying to solve. Maybe the children are

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irresponsible. Maybe the children have a mental

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disability. Maybe you just don't trust your child's spouse. But

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there needs to be some problem you're trying to solve. It's not

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like you know, vegetables are good for everybody. We all need

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some kind of a thing. There's literally some outside of the

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box perhaps problem that we're trying to solve.

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Now the first way a trust can make sense is through this kind

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of classic movie restriction reference. Passing money to your

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children and creating that hoop that extra set of rules that

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your child may have to jump through. So maybe you don't

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think your kids are responsible enough to give them the money

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right now. Maybe if you passed away tomorrow, you'd want them

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to maybe get, say 50% now, just pulling it off the top of my

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head, and then get the other 50% at maybe 35 or 40, when you

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think they'd be more responsible. So if that is the

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problem you're trying to solve, then a trust could be a solution

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to that specific problem because a trust is a separate entity

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that can enforce those rules for you. If you have a child who

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suffers from addiction, that could be another common

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reasoning. Again, a trust could create certain rules for how

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that money, when that money is distributed. Basically, you

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know, you want this money to be for them. So they're the

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beneficiary. So beneficiary, meaning the one who benefits

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from the money beneficiary, but to have someone else to entrust.

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So the trustee who you're entrusting to make sure it's

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used according to those rules that you're setting. So instead

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of giving them the money directly, this separate legal

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entity, this trust, receives the money instead, with that list of

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rules or hoops that you basically established. So if

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your kids have no problems, which I hope your kids don't

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have any problems, if you died tomorrow, and you would say,

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here you go. Here, take the money, you're responsible,

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you're an adult, I have no worries about you whatsoever,

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then a trust to create restrictions is probably not

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something that you really have to worry about at all for them.

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Now, the other main reason for creating a trust, outside of

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creating restrictions, is creating separation. So let's

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say your child is married to someone you don't really trust,

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for lack of a better word, not fun to think about. But you

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know, unfortunately, it tends to not be an uncommon problem or an

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uncommon occurrence that we come across. Basically, if your child

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passed away, you would not want the spouse to get all this

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money. In this case, a trust is creating separation. The money

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is not your child's technically, it's the Trust's so you can

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stipulate where the funds would go if something happened to your

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child, or to protect those funds in the case of a divorce. So

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potentially even be something you need to worry about.

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again, a trust is created as the separate entity, your child is

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still the one who benefits again beneficiary, but you're

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entrusting a trustee, so entrusting someone else, to

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carry forward these rules that you've set out. This last

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example, though, is somewhat state dependent, as different

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states can have different rules on how property is split up in

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the case of divorce. So that could be something that you want

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to consider but depending on where your child lives, that

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could affect how much of a problem you're really needing to

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The other main example that we see here is in the case of a

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child with a mental illness or disability. If they are

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receiving Social Security Disability, and directly inherit

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a bunch of assets, then they would likely no longer qualify

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for Social Security Disability. So if you have what's called a

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Special Needs Trust, instead, inherit the assets on behalf of

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your child that has a mental illness or mental disability.

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Now, the trust assets, again, your child is still the

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beneficiary who had benefits, but the trust inherited the

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assets, so it would very likely not affect the disability

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benefits that your child is already receiving.

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So again, if you have no problem with your kid's spouse, if you

Joseph Okaly:

have no special needs types of problems to consider, the

Joseph Okaly:

separation goal, or the separation problem that a trust

Joseph Okaly:

can solve, again, likely aren't anything that you need to be

Joseph Okaly:

worried about. Now, there are some other kinds of trusts. But

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you know, kids are the focus of this series, these other ones

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may not be kid related. So I'm not going to go into them too

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much today. But you know, when you talk about an older person

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and Medicaid, or certain tax strategies, or sometimes for

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like a second marriage, you want maybe your assets to be used for

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your second spouse, but after your second spouse passed, you

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want it to go to your biological children kind of a thing. Those

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would be some other general areas. Again, you're solving a

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solve for.

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problem so just like before, but these are other possible areas

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where a trust could potentially be valid. But again, we're not

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going to dive into that too much today because we're focused on

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the kids.

Joseph Okaly:

So for today, remember, trusts are not just for rich people or

Joseph Okaly:

poor people. They are for people that are generally trying to

Joseph Okaly:

solve a problem where creating restrictions, so when, who, how

Joseph Okaly:

the money is used, or separation, so the money is not

Joseph Okaly:

technically theirs. That's when we're going to look at hey, does

Joseph Okaly:

a trust fit in here?

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So thanks for tuning in today. Join us for next week's episode,

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a bonus episode I might add, yes, very exciting, for a concep

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that I just came across and I'm really, really excited to share

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with you. The episode is called Motivations: Money Lasts Ju

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t Three Generations, where we' e going to touch on how all acro

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s the world so not just in the S but all across the worl

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, despite the region, despite t e culture, wealth that

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s accumulated tends to be lost y the third generation, and wh

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t motivational mindsets you c n implement to try and countera

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t what all this stuff is th t you're trying to do for yo

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r kids now. This wealth tha you're trying to build and mayb

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pass on, what motivationa mindsets can you help i

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implementing so that your wealt that you're creating is going t

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last beyond three generations

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Overall, if you're able to implement what we covered today,

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that is fantastic. As always, there is less to worry about

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than before, more focus on enjoying life. That's the point

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of all of this. If you are wanting help with these things,

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though, if you have questions you need help in clarifying

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something, check out the Ask Joe section on the show's website

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www.enjoymore30s.com. That's EnjoyMore30s.com until next

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week. Thanks for joining me today and I look forward to

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connecting with you again soon.

Voiceover Audio:

The conversations on this show are

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Joe's opinions and provided for general information purposes

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only. They do not constitute accounting, legal, tax, or other

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professional advice for your specific situation. You should

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always seek appropriate advice from a financial advisor,

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accountant, lawyer or other professional before acting upon

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any content or information found here first. Joe is affiliated

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with New Horizons Wealth Management LLC, a branch office

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of TFS Securities, Inc., and TFS Advisory Services an SEC

Voiceover Audio:

Registered Investment Advisor Member FINRA/SIPC.

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About the Podcast

Enjoy More 30s: Family Finance
Family Finance for Young Professionals.
Young families receive little to no personal finance help. We all grow up to have jobs and money, yet our education system focuses on Shakespeare and Algebra. Even professional advice can be hard to come by, with the majority of the industry chasing retirees and existing wealth.

Joe Okaly's podcast is aiming to change this, providing personal financial advice geared specifically to professionals with young families. This podcast is dedicated to making life more enjoyable for young families, by hitting on the financial topics that tend to weigh on us, stress us out, and distract our focus from simply enjoying life.

Joseph P Okaly is a CFP Certified Financial Advisor who fits directly in with who this podcast is focused on - a young professional with a family. With over a decade of experience as an advisor, there is passion and knowledge to make a difference.

Securities offered through TFS Securities, Inc., Advisory Services through TFS Advisory Services, a SEC Registered Investment Advisor Member FINRA / SIPC. TFS Securities, Inc. located at 437 Newman Springs Road, Lincroft, NJ 07738 (732) 758-9300.