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Episode Notes: ChooseFI Episode 476 - Love, Loss, and Money: The Shocking Financial Aftermath of a FI Spouse’s Death
Introduction
- Podcast Title: ChooseFI
- Episode Title: 476 | Love, Loss, and Money: The Shocking Financial Aftermath of a FI Spouse’s Death | Amy
- Hosts: Jonathan and Brad
- Guest: Amy
- Episode Focus: Amy's personal experience with estate planning following the unexpected death of her husband, Phil, in 2021. The discussion emphasizes the importance of proper financial planning and the ramifications of not having wills or beneficiaries in place.
Key Themes
- The Importance of Planning for Death
- Death is an uncomfortable topic, yet crucial to address for the sake of loved ones.
- The episode discusses actionable steps to make estate planning easier for family and friends during vulnerable times.
- Personal Story: Amy’s Experience
- Amy recounts the tragic event of her husband's passing and the emotional and financial chaos that followed due to lack of planning.
- Initial shock and grief led to practical concerns about household management and finances.
Timestamps and Discussion Points
- 1:23 - Introduction: Hosts introduce the episode’s topic and guest.
- 2:45 - Amy's FI Journey:
- Amy and Phil discovered Financial Independence (FI) through Mr. Money Mustache in 2015.
- They set an eight-year goal to achieve FI by 2024.
- 9:03 - Income Planning and FI:
- Discusses changes made to budgeting and spending habits.
- Importance of teamwork in financial planning.
- 17:24 - What Follows Tragedy:
- The immediate response to Phil's sudden death.
- Amy shares the overwhelming emotions and logistical challenges.
- 28:33 - The Importance of Wills and Beneficiary Designation:
- Discussion on intestate succession laws and their implications.
- The shock of discovering that Phil’s parents had a claim to a portion of his estate.
- 36:23 - Preparing in Advance and Considering The Possibility:
- The necessity of designating beneficiaries on accounts and creating a will.
- Unique challenges faced due to lack of formal planning.
- 44:27 - Immediate Access and The Ancillary Things:
- Importance of sharing passwords and access to accounts.
- Amy discusses the necessity of having a plan for digital assets.
- 48:15 - Probate:
- Understanding the probate process and its implications for surviving family members.
- Amy details her experiences navigating this legal process.
- 59:09 - Setting Up Your Estate:
- Amy shares the actions she took following her experience to set up her own estate planning.
- Importance of having a corporate trustee to avoid family disputes.
- 65:09 - Conclusion:
- Final thoughts on the importance of planning and actionable steps to take.
Key Takeaways
- Create a Will: Not having a will can lead to unintended distribution of assets according to state laws, potentially benefiting in-laws over a spouse.
- Designate Beneficiaries: Ensure all accounts have updated beneficiary designations to avoid complications during probate.
- Consider Future Scenarios: Having a contingency plan can help ensure that loved ones are protected and informed in case of unexpected events.
- Utilize Resources:
- Family Emergency Binder (ChooseFI Ep. 125).
- Legal and planning resources to help organize important documents and wishes.
- Communicate: Discuss financial and estate planning openly with partners and family to avoid confusion and conflict.
Resources Mentioned
- [The Shockingly Simple Math Behind Early Retirement](https://www.mrmoneymustache.com/2012/01/13/the-shockingly-simple-math-behind-early-retirement/)
- [Intestate Succession](https://www.nolo.com/legal-encyclopedia/intestate-succession)
- [Emergency Binder - ChooseFI](https://www.choosefi.com/emergency-binder/)
Additional Helpful Links
- [Top 10 Recommended Travel Rewards Credit Cards](https://www.choosefi.com/top-recommended-travel-cards/)
- [Empower: Free Dashboard to Track Your Finances](https://www.choosefi.com/pc)
- [CIT Bank Platinum Savings Account](https://www.choosefi.com/CIT_PS)
- [M1 Finance: Commission-Free Investing](https://www.choosefi.com/M1signup)
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This episode serves as a poignant reminder of the unpredictable nature of life and the essential need for proactive financial planning to safeguard one’s loved ones from unnecessary distress.
Written by AI. May contain mistakes. Listen to the episode to check what was said.
Transcript
Automatic transcript. May contain errors.0:00Hello and welcome to Choose FI. Today on the show we have an incredibly important episode. And I think this is something that is going to be of great value to every single person listening, because most of us around the subject of death stick our heads in the sand and we don't want to think about it. But as we all know, death is inevitable. And we need to think about this for mostly our loved ones and to prepare them and us for this eventuality and to not leave them in their most vulnerable time without a plan and without a way to make this easier in the most stressful time. And we have Amy on the show today to talk about a very intimate story of her husband's passing in late 2021 and the ramifications both financially and personally that came from them not having a will or trust or named beneficiaries on all their accounts.
0:57And I think this is really just such a personal story that I think will sear into your brain just how important this is and will really compel you to take action moving forward the second you press stop on this episode. I think this is really, really important. Welcome to ChooseFI.
1:23Amy, thank you so much for joining me here at ChooseFI. I really, really appreciate it. Thanks, Brad, for having me. Yeah, and like I said in the intro, this is a tough topic for a lot of us to talk about, but like you and I were talking about before we hit record, it's so important. And I think we need to stop sticking our heads in the sand and just leaning into the discomfort and saying, look, this is really important for all of us. Obviously, you had this horribly unexpected situation that you could have never envisioned. that said, I think what your message is, is all right, take what happened to me.
1:59And what can you put into place today now that will just make your life easier? Right? Exactly. You know, my goal in speaking with you and, and other podcasters and people in person is just to basically be the cautionary tale that makes people hear this story and say, oh my gosh, I had no idea that could happen to me or my family. And I'm going to take the steps necessary to make sure I'm not in Amy's shoes. Yeah, that's a cautionary tale. That's, I know, obviously not the ideal scenario, but I mean, listen, you are helping tens upon tens of thousands of people. And yeah, if it has to be that cautionary tale that, again, people will remember because it's so significant and visceral.
2:42And let's go back just real quick to the beginning of your FI journey. I think you and your husband, Phil, found FI in 2016, I believe. Yeah, it was actually, I think more in 2015, I had found Mr. Money Mustache's blog, Pete's blog. And I started bringing these ideas to my husband. We were both working at home at the time, you know, long before the pandemic or whatnot. We both had these work from home jobs. So he had his office and I had mine. And, you know, in any job, there's like downtime during the day, you're scrolling through some blogs, whatever. And this was how I found Pete's blog. And so especially that most famous article that he has, the shockingly simple math behind early retirement.
3:25Oh, I know. Everyone does, right? So I started at dinners. I would be like, yeah, so I was reading this thing today and yada, yada, yada. And my husband, who is a software engineer and very into math and had an engineer's mind, he would still be like, that's crazy. We have to work at least 20 more years. What are you talking about? And then like maybe a day or two goes by and then I'm like, well, I was reading this other article, you know, on Mr. Money Mustache and it says, you know, X, Y, Z. And so this went on for a little bit. And finally, you know, I don't remember if he got more interested or if I got more forceful, but he like read the articles and was intrigued enough to do the math on his own and then was like, holy cow.
4:02Oh my gosh, we could do this. So that was in like late-ish 2015. And we decided that like 2016, January 1 was going to be our kickoff. And that's when we like really like batten the hatches and became mustachien. Okay. Okay. I like it. It's amazing how that article, yeah, you and I, it just resonated with us so significantly. That was one of those lightning bolt moments in my entire life was reading a shockingly simple math behind our retirement. And it just - It lives up to the title, right? It is shocking. It is shocking. And yeah, what a great title for anybody out there who has not read that article.
4:36I mean, what are you waiting for? Just Google it or it's in our show notes. Please read that. It's so important. Even probably 10 years after its publication, it still hits hard. So, okay. January 1st, 2016 comes and it's pedal to the metal. Do you remember like what were changes you made? Were there anything like significant or was it? I guess let's even back up 2015 and prior. Were you saving money? Were you guys savers, natural savers, or was it a wholesale change? come 1-1-2016? We were savers, my husband more so than I, but a large part of that was because his income was a lot higher than mine.
5:10I was sort of one of those people who, when I had money, I was great with it. And when I didn't have money, I was really bad because it was like, oh, I wasn't worried about paying off this credit card because it felt like I would never pay off this credit card. I'm talking right now about my early 20s-ish, I'd say. So when we got to 2015 and starting to think about these ideas, we were doing really well. We both had very solid jobs. We did save. We maxed out our 401ks and our IRAs. And then there was a lot left over. And we did not at that time feel bad about, say, going out to our favorite restaurant two or three nights a week, spending money on craft cocktails and really nice dinners, because it felt like the fact that we were already saving quite a bit kind of gave us permission to loosen up with the rest of it.
5:56So until we found this idea and we were like, oh my gosh, okay, we could retire soon. That's wild. So we did the math and we set this eight-year horizon. We expected at that time to hit our fine number in 2024. And we didn't build in any raises or job changes, any windfalls. We did not account for crazy market gains. We were just very conservative in that estimate. So we knew there was a good chance we'd beat it and we'd meet that goal earlier. But that was the goal we set for ourselves. So we scaled way back on dining out. We almost never did it, you know, starting in 2016. We hardly traveled that year after having been to like Paris for two years in a row.
6:36You know, we pulled back. I remember on Valentine's Day, our like celebration was we checked out E.T. from the library on DVD. And we bought a package of Reese's pieces from like CVS because those are in the movie. And we were like, happy Valentine's Day. This is what we're doing. So we were like really, in later years, we loosened up a bit. We came to more of these ideas of like, okay, we don't have to cut things so close to the bone. But in the beginning, it was almost fun to do that. It was like a game. We were both very into it and we supported the long-term goal and that's how it worked for us.
7:14Yeah. It's so interesting. I think frugality is such a big part of the early journey to FI. And it does feel like a game. It's exciting, right? Like it feels like, Oh wow, I'm living essentially the same life, but you mean now I'm just winning at all turns. Like that's, that's what it always felt like to me. And I know you just described it as, as a game. So I think there's something to that, but obviously we don't want to delve into an area of deprivation. And it sounds like, you know, you, you did loosen up a little bit later, but did you find that it brought you two together more as a team?
7:50Not, not to put words in your mouth, but like, I've seen this over and over again, where instead of just kind of, okay, we're just living our life. Yeah. Maybe we're saving five, 10, whatever, even if you're great, 15%, like, but then it's, Oh, wow. You mean we can retire early. We can do this together. Like to a lot of people, it actually does bring them closer. I think that's right on. It definitely brought us closer because it was such a big shared goal that we were now, you know, we were pulling with, you know, like a, I'm envisioning like a team of oxen or something. There's two of us and we're pulling a plow.
8:23I don't know why that comes to mind. But it made it more fun and it gave us this vision for the future and what our life would be like and how it would unfold together that previously, it's not like we never thought about the future. Like, oh yeah, maybe one day we'll go on this crazy trip around the world or, oh yeah, one day we'll retire and we'll have this nice house that we just ripped down to the studs and restored. We did those things. We had those conversations, but this was like a supercharging of it. Yeah. That sounds like my early journey to FI as well. And yeah, it's so interesting to see these commonalities.
9:01And one thing I want to touch on, because I think it's going to prove to be important later in your story was, you talked about having maybe a disparity early on, at least in your income. And I'm curious about different accounts that you might've set up, if they were separate and how you thought about that at the time. And then maybe fast forwarding to today, was that a mistake? Were there things you do differently? I guess, you know, we're kind of jumping ahead a little bit, but I think it does tie in here. I think you're right. Yes. So in the beginning, we definitely had basically separate finances.
9:35So our incomes had a large disparity. And also at the time, some of our spending styles and, you know, who had debt versus who had assets You know, those were different. So when we got married, we maintained separate finances and we paid our bills in a way that was proportionate to our incomes. So if we put all of our household income in one pot and, you know, that's 100 % and I'm earning 30 % of that and he's earning 70 % of that, then I'm paying 30 % of the bills and he's paying 70 % of the bills. So we did that and it actually worked really well for us for some years a few years Especially in the beginning when I did have consumer debt and I had some student debt and he had you know From a young age managed to save a bunch of money and buy a home in the sort of post 2008 real estate Market he was able to snap something up and that was fantastic.
10:31So Anyway, these separate finances they gave us peace of mind. I think they kept us accountable and it was fine in those early years. Later, the more and more our lives got combined, the less and less that made sense. And the more and more cumbersome it was to keep those things separated. So initially, when we got married, I moved into the house that he had purchased before ever meeting me. So that was like an asset that was already there. But then later when we're buying a home together or whatnot, then it was just more of a gray area. So we kind of dealt with those gray areas in different ways and we adjusted as much as we need to.
11:11And then there came a point, maybe like five-ish years into our marriage where we started just really functionally combining. We no longer were keeping track of like, okay, well, I spent this much on groceries last month, so you owe me X for that. Or, oh, we're going out to eat. Who's picking up the tab? We just were not paying attention to that anymore. And then I would say that combination of our finances took a step further when we sold our Michigan home and moved to California. We spent a year in San Francisco. And once we got there, it just was like we were operating completely together and we were no longer doing any of the accounting and who owes who what.
11:52We just recognized that our long term, this was just us. We were together. We were in a great marriage. We were in a healthy marriage. It was just fine. The problem was that we did not go back at that point to put each other on all of our accounts. We didn't go back and close our individual checking accounts and create a joint checking account. Even though everything about our lives functioned in this grand way, and actually to go back a little bit more, in that 2016 and later era, we had this spreadsheet in our journey to FI that was like, okay, what's earning what interest? And let's put all the account.
12:30Okay, here's a 401k. Here's an IRA. You put it all in one spreadsheet. And all of our stuff was all in one spreadsheet, spitting out numbers that were like, okay, this is what you can expect to have per month in retirement. It wasn't like, this is what Amy will have and this is what Phil will have. It was just, these are all of our assets. We looked at it as a collective picture, even long before we fully combined finances. The long-term was always a shared one. Gotcha. Yeah. No, that makes sense. And it's funny because I'm picturing my own net worth spreadsheet and thinking about the columns that go across each column for a different account.
13:03And yeah, I mean, I literally named them if it happens to be Laura's SEP IRA or something, but as far as I'm concerned, it is one net worth. But yeah, I mean, it's interesting, like the shortcuts we kind of take because we don't think it's important. Like you said, hey, we didn't close our individual checking accounts and just have a joint one. Right. And it might just work, right? Like it's the shortcut in the sense that, okay, well, we're just going to arbitrarily pick Phil's checking account to be the main one that pays the mortgage and pays the credit cards or whatever it may be. We're going to transfer money into there, or maybe that's where his paycheck comes from.
13:42And, oh, we'll do all the saving that gets divvied out from Amy's hypothetically, right? Like, because it just, it just works. And like you said, we're five plus years into marriage. We had a great relationship. There was nothing to be concerned about, right? So of course you do it that way, because honestly, it's a big pain in the butt. I mean, I'm putting my own words on this. It's a big pain in the butt to have to open up new accounts and do something when, of course, this works, right? Exactly. And not only does it work, but there's an inertia involved, just like you're describing. Like, okay, well, I've had this checking account for 12 years or whatever.
14:15You don't want to take a hit to your credit history by closing a long-term account, maybe, with a credit card company. So you just keep that individual account and you don't add your partner or you add them as an authorized user versus as a joint account holder, which are two very different things that give them different levels of power with that particular account. So yeah, I think we just, we got stuck in this like, well, everything's fine. Like everything works great. We're great. We're happy. We love each other. We had just bought a home here in Colorado. We had just, you know, semi-recently moved to Colorado during the pandemic.
14:52There were a lot of other changes that were taking up a lot of our like mental energy and time. So putting like the right name on the right account or whatever, it was just not high on the list because it was fine. It was working just like you said. Yeah. You know, it's so interesting. I think like, as you're talking about this, I'm going through my own financial history in my brain and saying like, oh, wow, I think there was a time where for expedience sake, when we applied for a mortgage, we only use, I think we put both of our names, but I think we only use my income. Now I'm thinking maybe we didn't put both of our names on it.
15:29Yeah, it seems easier at the time, right? Yes. Actually, that same exact thing happened to us when we applied for our most recent mortgage. Phil was working at the time and I was a full-time student because we had hit our fine number. We no longer had to work. I went back to school. He was loving his job. So he was like, okay, one more year, whatever, whatever. So literally the day it came to do the paperwork, I think I had a class and he was like, well, it doesn't matter. I have the income anyway. I'll just do this. So the mortgage was in only his name. Now the title of the house, I was on that, but the mortgage being only in his name proved to be literally a 10 month saga to get that changed over to me.
16:08And I had to get sets of papers notarized. I had to communicate. The mortgage company was really just egregiously awful to deal with in this regard. People die all the time. It should not be that difficult. But for this particular company, cross country, it was freaking awful. So yeah, that was just a thing we never would have thought that we should ever be concerned about. But then when it came time to actually have to deal with it, it was an absolute nightmare. Wow. Okay. So right. That's something hopefully everybody's taking away just on a moving forward basis is when you go to open accounts or you do get in this case a mortgage or something significant, just do it the quote unquote right way and don't take a shortcut.
16:53And I think frankly, probably most of us have taken shortcuts because it seems like it's a victimless crime, if you will, right? Like there's no downside to me. Only me being on the mortgage is what I think, or not putting Laura's income or whatever it may be like, oh, of course I'm going to get approved. But yeah, I never thought of the ramifications of, oh man, what happens if dot, dot, dot, right? Okay. Amy. So clearly there's that. And I think that's just a really important kind of setting the stage. And again, we probably jumped way ahead on the story, but I think it was important to touch on there.
17:23So I guess, Amy, let's talk about 2021. So as I understand, September, 2021, the day you learned that Phil was in an accident and ultimately what unfolded from there? Yeah. So it was September 15th, like you said, in 2021. And he had been away on a bike camping trip with a friend in the mountains. It was just a one overnight. And my husband was very into cycling and he had gravel bikes and road bikes and mountain bikes. And he had this bike camping buddy named Jake and they loved to like just nerd out on the bike stuff. So Jake had called and been like, hey, you want to go away for a night? So they did.
18:07We're really lucky. We live in Colorado, as I mentioned, and we're biking distance away from the foothills, from the mountains, the Rockies. So it's a great spot if you're into outdoor pursuits. So they had gone. They left on September 14th in the afternoon and they camped overnight. And then on the morning of September 15th, I got a phone call. I was brushing my teeth at the time and the phone rang and it was a number I didn't recognize, but I was expecting a contractor that day actually to come and do some work for our chimney. So I thought it must be them needing directions. And that's the only reason I picked up the phone.
18:42Honestly, normally I let those kinds of calls go to voicemail, but it turned out to be Jake, Phil's biking friend. And he, in a very shaky voice told me that there had been an accident and that I should, that I should get there. So from there, I got hospital information. I really didn't know what was going on. I had asked if Phil was conscious and Jake said no, but that there was an ambulance team there and they were working with him. So I got in the car and I went to the hospital. It was about 20 minutes away. And when I got there, there's various steps. There's a front desk and then there's people who come out and get you and they take you to that little room in the back that nobody likes to think about.
19:24And they say, the doctor will be here shortly. And of course, there's a million things running through your head about what that might mean. And the doctor got there and he, you know, started kind of breaking the news in this very long winded way where he wasn't really getting to the point. And I finally like blurted out, like, is he gone? And the doctor said, yes, he's gone. So that's how that day began. Obviously, I'm sure as you and anybody listening can imagine, I mean, it was the biggest shock of my life. And nobody knows how they're going to react in such a moment. You see this on TV, you see it in movies.
20:00It's really hard, I think, to know in advance what it might be like for you. So for me, I went into sort of a freeze state. I didn't scream. I didn't cry. I didn't collapse. I just was standing there blinking. I don't even think I could have articulated words that were running through my head. It was just this pure shock. And it was actually extremely physical. It was like this, I felt, I don't know if it's cortisol or adrenaline or what, but I had these just sort of jacked up feelings in my whole body and my palms are sweaty. Anyway, so that's how that day began. And after that, I got home and started making phone calls.
20:45The two calls that were the most crucial were the ones I had to make to Phil's parents to break this news to them. And they were and remain the two worst phone calls of my life. But there's no way around that. Once something like this happens, things move really fast. The hospital wants to know certain things from you. You have to make arrangements with the mortuary service. The coroner is involved. We had to have an autopsy because his death was unwitnessed. It had happened on this mountain road and his buddy Jake was riding in front of him, so he didn't see it. So what happened was Phil had, we believe his bicycle just slipped on some gravel or some sand in the road and he flew off and he struck a guardrail with his head and his neck.
21:31He was wearing a helmet, which I later got back and the helmet was split clear up the side. I mean, he was moving about 25 miles an hour and I think there's just a limit to what the human body can withstand, right? So I was home, I was making these phone calls, including to Phil's parents and then my own parents and the sheriff came to bring me back some things they had recovered from the scene, Phil's wallet and his phone. So yeah, that was that day and everything after, not everything, but the immediately following days, they contained a lot of, obviously a lot of emotion, but at a certain point, some of the logistics start to work their way to the surface.
22:11In my case, the first like, oh my gosh, I now have to run our whole household, our whole finances, our whole, you know, like that just sort of very slowly is creeping in through this trauma. And I remember very clearly the first thing that I thought about in that vein was our mortgage because it was on auto pay and it came from an account that was in Phil's name that my name wasn't on. And it wasn't a surprise that my name wasn't on that account. Like you and I talked about earlier, this was just one of those things, a part of our financial picture that had always been that way. But I had needed to notify the banks and that had frozen that account.
22:49So I knew this mortgage was going to try to get auto-deducted and that it wasn't going to work. That's the first thing that kind of bubbled up to the surface in terms of what I had to deal with financially. And so that was frozen because it was solely in Phil's name, right? If it was a joint account, it would not have been present? Correct. Okay. Or if I had been named as beneficiary, that account did not have any named beneficiary. And this is something I'd like to research, but I have since heard from a couple different people that when they set up brokerage accounts, they weren't allowed to name a beneficiary.
23:24There was some restriction or some special way it had to be done. And I have not looked into that further. So I don't know if that was why. Also, it was open before we were married. We were together, but we were not yet married when he opened this particular account at Charles Schwab. So if I had been beneficiary, it would have come to me directly and not been frozen or not had to go through probate. But the reality was it was frozen. So I had to sort of scramble. I had other assets. I had access to other accounts. I had access to other joint money. But that was just the first thing in those very early traumatic days where I was like, oh my gosh, the house, the mortgage, what?
23:59Well, you just get this kind of, it's a very threatening, I think a lot of people who haven't been through a loss like this might be surprised to hear, but the whole experience of grieving was a very threatening experience. And I'm sure it's different if it's your spouse versus someone else that you might be grieving, but this is the most earth shattering thing that could have possibly happened in my life. So my instinct at the time was to just sort of like handle everything, close ranks, take care of everything. Okay. You know, I have to make sure I'm okay because there's no longer my partner here to do that with me.
24:33Right. Oh goodness. Amy, I'm so sorry, obviously for your loss. I just can't imagine just how shocking and unexpected that is generally. But then, like you said, just to have to deal with logistics of things that you never even contemplated, like the mortuary services, right? Planning a funeral, how to speak with these legal agencies that are contacting you, right? Like, and then, right, obviously your financial life, which at that point you were financially independent, at least as I understand. And, and yet your financial life is turned into, is really turned upside down because you can't get access to an account and the mortgage might just be in Phil's name.
25:18Like, I mean, how do you even pay, I guess, theoretically, if this were the old days, you could have a coupon and send a check in, right, to pay the mortgage. But like, I don't know about you, but I don't even have those things. I don't know what the heck you would do in that case. Man, that's just absolutely incredible. It really was. And so the next piece, I would say, that was the most shocking financially, was when I learned a particular piece of news a handful of days after Phil's death. I don't remember who, maybe it was a relative who had sent me a link or pointed me toward a Google search.
Read the full transcript
25:51But what I learned is that this varies from state to state. It really depends on where you live. There's a huge spectrum. But in Colorado, as it turns out, even if you're married, even if you have been married a long time, if you die and there are assets that are only in your name and you don't have a will, those do not automatically go to your spouse. What happens instead is there's something called intestate succession laws. And here in Colorado, what they meant for my particular situation is that Phil's parents actually had a legal claim to a chunk of his estate. That is shocking and crazy.
26:32I think most everyone, I don't want to put words in people's mouths, but I think everyone would assume if you are married and one of the spouses passes that the remainder would automatically, and I use that very loosely, not in a legal sense, but just in a, hey, I'm just a regular person. This is what I would think. Of course, it would automatically. There might be some delay, et cetera, et cetera, but how could anybody else have a legal right to any of this money? So that seems absolutely insane. So right, intestate succession law. So we will try to find a list. The easiest way, honestly, for anybody out there in the audience, just Google intestate succession law and your state, And a whole bunch of links will pop up because, like you said, it is truly a state-by-state set of laws that would determine, I think, many states like California, I think, is community property, right?
27:25So I think that is the most straightforward and beneficial for the other spouse. Whereas I don't want to say Colorado is the worst, but I mean, that's got to be pretty low on the list, I would imagine. I mean, Colorado is definitely not the worst. But to go back just a second to what you were saying is that that was absolutely our default assumption also. We had actually talked about death many times, not in a super serious way. We did not make a will. We did not have a trust. But conversationally, we did talk about it. And we talked many times about our assumption that obviously if one of us were to die, the other one would inherit everything.
28:03We did not know we needed protection because we thought our marriage protected us. We thought that just by dint of being married, of course that's what would happen. So in this handful of days after his death, when I learned that that was not actually the case, that a piece of his estate was actually legally subject to distribution to other people, even other family members, it was so shocking. And it definitely contributed to this feeling early on of feeling very threatened by the whole situation. Right. And now at that point, you had no reason to believe that that would actually necessarily come to pass, but there was certainly the threat hanging over you.
28:43I think at that point, you had a pretty reasonable relationship with his parents? Yes, I did. His parents are divorced and they live in different states and they've been divorced since he was very young. So I have different relationships with the two of them, but we had good relationships. We had never had any type of falling out. We had never had any friction. I can't say that we saw them five nights a week, anything like that. But for an in-law relationship, it was fine. It was good. It was functional. I had no reason to believe that even if the law said that they were technically entitled to this money, I did not have reason to believe they would actually take it.
29:26Sure. Yeah. And that makes a whole lot of sense, right? And I guess just kind of taking one step back, because I think what you really want to get across is, okay, here's what happened to me. hey, here's what you in the community can do to potentially make this not even remotely an issue for you. So it sounds like how I'm hearing it is, had you had a will, just a generic will, none of this would have been an issue. Correct. That you would have just specifically delineated, hey, this is what happens if one of us passes, and that then would supersede any of these ridiculous state laws, and that would essentially be that.
30:05That's true. But you saying the word supersede reminds me of something that many people don't know, which is that beneficiary designations on any given account, a 401k, a bank account, whatever, a life insurance policy, a beneficiary designation actually supersedes a will. So if I have a will that says I want 100 % of my assets to go to my current spouse And if I have maybe an old account that was opened, if I had had a previous marriage that had a former spouse designated as that beneficiary, that trumps the will, that beneficiary designation. So that is one thing that everybody should absolutely do is make sure that their beneficiary designations are exactly what you want them to be today.
30:50Okay. That is huge. I never, never would have imagined that. So, okay. Now that's probably the first step, let's say, but where I was going to go, I, in my mind, I was thinking of that as the second step, but clearly that has been changed. Okay. That's something that pretty much anybody can do literally right now. You can hit pause on this recording and probably in 90 to 99 % of your financial institutions, you can do this online in under a couple of minutes. You probably, you could just Google beneficiary fidelity, beneficiary swab, ad beneficiary, whatever account, right? And you'll find the specific details.
31:32It probably is actually pretty easy. You might not even need to do that, but there's no downside to that. So again, I think it, Amy, it's like these mental impediments, right? This is what stops people. It's, oh, that seems annoying, right? Like before somebody's listening to this in their mind, it's like, oh, I don't need to do that. That's going to take me an hour or two. That's so annoying. I don't want to do that. Yeah. If you think it's annoying now, imagine what it would be like for your spouse to have to do it while grieving your sudden unexpected and tragic death. It's a million times worse.
32:04So take the annoying, suck it up, and just handle it. Can't get more succinct than that. Suck it up and handle it. You heard it here first. Yeah, be a grownup. Yeah, be a grownup. This is going to take you a couple hours. Okay, so be it. It's going to make your surviving spouse, your loved ones, their lives dramatically easier. So just you have these accounts, and frankly, you might have individual accounts. Right. Like Amy, I have, I looked up an account that I have some cash in a significant amount of cash is just in my name. Because again, for expedience sake, when I opened it, oh, I don't need to put Laura.
32:39It's more annoying than I have to put her social security number in there, blah, blah, blah, blah. Now to my great credit, I did put her as a beneficiary. So we would have been covered. So no, no harm, no foul in this case. But I got to be honest until I logged into that and checked, I wasn't a hundred percent sure because I suspect there are, and this is a call to action for me as well, for all of us, obviously, but I'm not a hundred percent sure all my beneficiaries are up to date. You know, I suspect my brother's probably listening to this. I suspect he's still named on my oldest accounts. Maybe, maybe not, but it's not impossible to believe that I haven't updated that in 20 years.
33:13Absolutely. And it's not just your regular everyday brokerage accounts, right? It's every individual 401k or IRA, every life insurance policy, you might work at a company that gives you a default life insurance policy. And when you start working, you have to designate a beneficiary. Maybe you've since gotten married and that needs to be updated. There's a lot of these little corners of your financial life that you really need to shine a light in to make sure that everything is in line. But what I would say is that the planning that you do in advance, both for your financial life and also your end of life wishes, how you would want to be either buried or cremated, what you might expect in terms of how your death might be handled.
34:00The planning that you do in advance on all of these fronts, it's not for you. It's a gift to the other people in your life. What you're doing is you're relieving them of having to handle that stuff in the most vulnerable, most compromised mental state that they will maybe ever experience. Yeah, I completely agree. And all right. So we have beneficiaries, absolute no brainer. You need to do that today. I think a lot of people, I'm always looking for what's the excuse that someone has, right? So why would someone not get a will? Oh, I don't have children. I suspect a lot of people have that exact thought.
34:37Oh, I don't have kids. I don't need a will, right? Like I'm married and everything goes to my spouse. It's fine. That's very, very not, not true. Right. Yeah. Yeah. We also didn't have kids. We were childless by choice. And that was, I think, in the many conversations we had had casually about like, oh, maybe we should get a will sometime. I know that if we had children, I would have absolutely insisted on that. But because we didn't, it did not feel like that big of a deal. But I was wrong. Okay. So that clearly is something that you need to take action on. And what you've come across, because again, this is to get people to take action.
35:15And sometimes it's just getting that ball rolling. Is it best to find an estate attorney in your local area? Are there online services that you might be able to recommend? Or would you just say, do your own research in essence? I'm not sure what you feel comfortable. The most authority that I can muster would be around designating beneficiaries. Because like you said, Brad, you can log in to your Schwab or your vanguard and you can do that today. The rest of it, I mean, I can share how I did it because having been through, and we haven't even gone on to the rest of the experience I've been through, but maybe later in the conversation, I'll share how that spurred me to settle my own estate, to get it set up in such a way that whomever is my next of kin will not have to deal with a mess.
36:00Okay. We will definitely come back to that. So right. We're not giving any advice here personally on what to do. Just find an attorney locally, find a friend who's had a will and maybe trusts that usually go hand in hand set up and see if they recommend that attorney. So yeah, just do your own research, but it's really, really important. So, okay. I guess, like you said, planning in advance, the logistics, like I'm thinking about, man, passwords, like social media, even like, and that's probably jumping ahead, social media and things like that, but like all of your accounts, like, you know, all my frequent flyer accounts, all these things, like how the heck do you prepare in advance for that?
36:43I don't even know where, I don't know the legalities of things like that with even something as silly as, as frequent flyer miles, but I mean, I have millions of miles. Laura has millions of miles. Like what the heck do we do? Is that, is that just Like that's neither here nor there, but it's just, it gets you down the rabbit hole of there are a lot of things to think about and you need to really document just a lot of these things that you probably aren't even contemplating. Exactly. I think it speaks to the sort of spread of how many accounts all of us have, all the aspects of our lives that we use, you know, online accounts or electronic accounts that might have a password, even our phone.
37:22So I know couples who don't share each other's phone passwords. I don't keep a password on my phone because I just find it annoying to have to type in every time I pick up my phone. But Phil did keep a password because he was like a security minded person. And I knew the password. If I didn't, there are many steps that would have been much more difficult because it was that way that I was able to access his email, which meant that, you know, the two factor authentication or whatever, I could handle those things if I'm trying to get into his Facebook page, for example. Even literally on the day he died, I needed to contact his employer and say, hey, this is what happened.
37:59This is why Phil didn't show up for your nine o 'clock meeting. And the way I did that was by getting into his phone and opening up Slack and pinging his boss that way. So if I had not had that option on his phone, knowing the password to it, I don't know how I would have... The company is an all remote company. They don't have an office. There was no front desk I could call to asked to be directed to so-and-so. I'm sure I would have gotten there eventually, but it was such a big, big job. And I was not operating at my best, obviously, in these immediately following days, weeks, and months after his death.
38:31And I'm sure that I made mistakes that could have had big ramifications because I just was so compromised. So I think when we're talking about passwords, some sort of spreadsheet, even a notebook, or we have password managers, like LastPass or OnePass, I think those are all good options. But not having anything is just not a responsible adult way to be. Yeah, agreed. And I think on most of the password managers, I suspect all, but they have an emergency access or emergency contact that, if memory serves, that you set up that person to be that emergency access person and they're able to request access.
39:18Now you can set it up on a lag. So basically the goal is that they can get access, but that not that that person, if they got compromised or they just decided to steal all your passwords, that it could happen instantly. So it's something like, okay, there's a 72 hour lag on this where from the time they requested, you would get notified. And obviously if you were there and looking at this saying, okay, this is obviously not okay. You would just hit deny. But that if this was an instance where they absolutely needed access, then it's set up for that. So I would be shocked if all reputable password managers did not have that as an option.
39:55So if you're someone who has LastPass or Bitwarden or 1Password, please set that up. That's another action step to take because it's all well and good that you have these wonderful, unbreakable passwords, but nobody's memorizing them. Your spouse certainly isn't memorizing them. How can you possibly expect them to get in? And yeah, I mean, Amy, I think about my own security. Like I've gone to the ends of the earth to put two factor and all these things, but it's all behind a password or my thumbprint on my phone, right? Like, I mean, is Laura going to have to somehow have access to my thumb in that scenario?
40:29Like if I don't tell her my, my password, so, okay, clearly there are steps that, yeah, that I need to take to really, because ultimately we're doing here is you need to think out this eventuality, right? Like think about the steps, like you were saying that shock and stress on that first day, that first week, that first month of like, you were paralyzed ultimately by just absolute shock and grief. And then to have to think about how the heck am I going to get into the phone like that? It just, it doesn't make any sense. So if you have your entire life on the phone, somebody else has to have access to that phone.
41:03Exactly. Because if you don't, if they can't access what they need to access, that means they're going to have to take other channels, right? Which usually involves calling a customer service number, often located in a different country and having the same conversation over and over and over, which is like, hello, my husband died and I need to get into his Delta frequent flyer account or whatever. Oh, goodness. And then they're passing you off from department to department. You become numb to those words. I can't even tell you how many thousands of times I have said to these customer service folks, my husband died, my husband died, my husband died.
41:40And that has its own impact also. That is not a pleasant thing to have to do. So again, the planning ahead that you do is the gift that you are giving to your next of kin so that they can concentrate on grieving you, on feeling those feelings, on processing this just colossal tragedy that they've experienced and not be focused on having to notarize the fourth set of documents from the mortgage company. Amy, I wanted to ask one just kind of random question, but it sprung to mind was, do you eventually lose access to some of the accounts? So let's say Phil's email addresses or things like that. Like, I know that's, it's kind of a strange question, but like, does, let's say Google eventually close down an email account of a deceased person?
42:31Like, does that happen? Or like, is that something, I guess the most succinct way, is that something that we need to be concerned about? Like losing access to accounts or is that just really a non-issue? That's a great question. In my particular case, in Phil's particular case, like many software people, so he had his own hosted email account, his own email address. He did have an at Gmail and whatever, but he had this other one that was his main one. It was a URL that he paid for every year. Okay. Okay. But I had no idea how to access that. Right. Or where he had it hosted and paid for that. Yeah.
43:09I don't know that stuff. I don't speak that language. So that account lapsed. And actually, I think it was not that long after he died. Maybe it was set to renew at the end of the year, you know, and then the account that it was being auto-paid from had been frozen, rolled over into an estate account. So that one went away fairly quickly. Gmail, you know, Facebook has a, you know, you can memorialize a Facebook page. Same with LinkedIn. Actually, you can either delete or you can memorialize, but things like Gmail or, I don't know, Amazon, or whatever, I think those are still technically active.
43:48Although Gmail, I believe, did recently put out information on a new policy where they are closing down inactive accounts if you've been inactive for a certain amount of time. And that's whether you're alive or dead. But with a lot of these tech companies that I had to deal with, some of them, many of them required me to send a copy of the death certificate, either a scan or a physical copy. I believe I had to do that with Facebook so that they would memorialize his account. Otherwise it just looked like everything was normal. So there's a lot of handing out death certificates like candy to all types of accounts, financial, online, email, et cetera.
44:25Okay. Yeah. Again, what we're trying to do here is trying to get people thinking. So like even just asking that there was kind of a random question, but it got me thinking about, oh, I obviously own a bunch of websites that, yeah, I mean, I don't think certainly anybody in my family knows where those are hosted or where I pay for that domain name. That would just simply go away. And a site like Travel Miles 101 or Richmond Savers that I've had for a decade, they would just blink out of existence in a year or two because nobody could log in. Nobody would even know where to log in to even pay for those things.
45:07So, you know, that's obviously a kind of a silly little example that I guess, you know, both Phil and I shared in that instance of like having our own sites, but like what hopefully this is getting people to think is, Oh, I have to really think through my entire life. And what's this knowledge that only I have, like, who's the contact that I have for my 401k plan or, Oh, I have this old thing here. And, oh yeah, of course I just, or even like who my CPA is. Like, what if one person just is the only one in the relationship who works with the CPA and like, there's no contact information. Like, you know, is that a stretch?
45:45Like, yeah, probably because the other spouse in all likelihood had to like sign something they could probably figure it out. But like, you don't want to have to rely on probably, right? Like I can probably figure it out in this stressful time. So this is both immediate action. I think Amy is what we're trying to get across, right? Like there's immediate action of beneficiaries of the will can be almost immediate, not today necessarily, but emergency access on the password manager, how to get into the phone. Like that's immediate access, but then you need to start thinking over the next year, all of us, like, what are these things that I just do as the normal course of my life that I don't tell anybody about and would go away?
46:24Right. Absolutely. So I have two things I want to touch on your point about having a website and these websites you have, I assume some of them, they generate income. But I ran into this with my brother. He has a biotech data website. And I have asked him at various points, what if something happened to you? Would your wife know what to do with this? It's very niche. It's very specific. And his response was like, yeah, this company isn't really worth anything without my particular presence because I'm the one that does all this stuff and I know. And I thought, his company generates hundreds of thousands of dollars a year.
47:01So I was thinking like, really, it's worth nothing. So what came to mind was like, okay, well, maybe a smart thing would be if you could at least assemble a short list of people or companies who might want to acquire that digital asset, so that your spouse could have, even if it's like a bargain basement price, but then it's still not nothing, you know, this thing that was a part of you that was a part of your financial life that contributed to your bottom line, like, maybe that could be parlayed into more financial security for your family at the very least. So I think that's an interesting angle to think about, like a contingency plan.
47:36If something were to happen to you, maybe it would not, maybe Choose Fi would not go on as it was before or your other sites, but maybe they can be transformed into something that does still benefit your family. Yeah. I think that's the perfect phrase, contingency plan. So, right. Like we should all just be looking for aspects of our lives where, yeah, there is a potential for a future for something, but you need to communicate that with people. You have to have a plan. You have to think about this beforehand, as opposed to just kind of sleepwalking through, oh, this is what I do and I handle this and it's no big deal, but it's not no big deal essentially is what we're trying to say here.
48:10So Amy, I'm glad we touched on that because I think that was important, but I do want to dive back into your story because I think this is another just really important aspect and something that happened to you that you couldn't have foreseen, but you kind of alluded to, okay, after Phil passed, you found out that there was this potential that his parents could, that they would have a legal right to some of his assets. But at that point, that was just, okay, this is something I learned, but nothing came of it at that point. So what happens from there? Because obviously it does take a dramatic shift.
48:44It does. Yes. So one of the first things that had to happen just, and that would have to happened for any assets that were held in only his name is that a probate case had to be opened. So that meant I had to hire an attorney and they had to file some paperwork and an executor had to be appointed. And that was me for Phil's estate. So all of those things happened. And then, you know, it became, because it is a legal proceeding and, you know, the county court was notified of these three potential beneficiaries, not just me, but also Phil's parents, they had to notify the parents. The court legally has to notify the potential beneficiaries that this is happening.
49:26And when that was coming, I knew that was coming. And I didn't, like I said, I had a really good relationship with Phil's parents at the time. So I did not want them to learn this by getting this impersonal letter in the mail from the court system, and they would have no context for why this was happening. So I decided to have an in-person conversation with one of Phil's parents. And I sat down with that parent and I explained, okay, hey, look, so this is what's going on. Phil and I had no idea this could happen. And in fact, we assumed that all of our assets would belong to each other in the event of one of our deaths.
50:05So it's not like he willed you this money. It was not a specific wish of his. This is just literally what the law says. So you're going to get this letter in the mail and I want you to know that. And this parent, they said to me, they said, Amy, I want what Phil would want, and you're the best person to know what that is. So if you think this money should stay with you, then that's what I want too. And I was incredibly relieved. I just was like, okay, that's what I thought would happen. That's what logic tells me should happen. But until I have that proof out of the horse's mouth, I was not counting on that.
50:41So hearing that perspective from them, I was like, okay, wow, what a relief. So that happened in October, about a month after he died, that conversation with that parent. And a couple of months later in December, early in the month, I believe, my attorney was notified that that parent had retained legal counsel and they were now asking for information about what exactly was in this estate. How much money are we talking about here. And getting this news was really jarring for me. It was like, wait, what do you mean? Why are you asking about our finance? This is not your business. This is not yours.
51:18So it was super jarring for me. But the other part of my brain was like, Phil was a very engineering kind of person. He would always, at every situation, want all the facts. So I thought, okay, maybe that's what this parent is doing. Maybe there's some justification that I can't see. and I honestly, I did not have a legal choice about it. Like they had a legal right to this information. So, you know, I say to my attorney, like, okay, yeah, let's send them the account balance. And then shortly thereafter, um, maybe it was a week or two, I came back from a trip and there was a, um, there was a letter that said that they had decided both of the parents were now, despite being divorced and living several States apart, they were sharing that attorney that had been retained and they were going to take this money.
52:05Wow. They were going to take your money, yours and your husband's money. Thank you. Yes. They were effectively helping themselves to a portion of what had been our Phil and Mai's collective financial security and was now what I needed to see through the rest of my financial and just my life. Unbelievable. That is the most infuriating thing I've ever heard, honestly, in my entire life. That's insane. And I assume, I don't want to say you have no legal defense, but it sounds like you have pretty close to no legal defense based on the fact that you didn't have a will and you didn't have beneficiaries named on these.
52:43So I assume it's only particular accounts, right? Particular accounts that weren't jointly held. Correct. And that were only in Phil's name and did not have a beneficiary. It did not have you as the beneficiary. Correct. And that in our case turned out to really just be one account. There was one single account. I was the beneficiary of the life insurance policy, the default one through work. I was the beneficiary of the 401ks and the IRAs. But this one account had been our main investment account for basically our entire marriage. It was the one from which we paid the mortgage. We had joint credit cards where we did our spending and this account paid for those.
53:23All of our utilities, everything about our lives was financed through this one account. So not only was it frozen and I didn't have access because of the probate process, but now I had learned that his parents were going to walk away with a chunk of it. Wow. So this was like a taxable brokerage account that you lived out? Correct. Okay. Yes. With a linked checking. Okay. Understood. Understood. Got it. Wow. And right. I guess, so it's again, for everybody listening, it's the intestate succession law by your, fill in the blank, your state. So Colorado says, and we could just look this up. I know you have it in front of you, but is it that the surviving parents get X percent or is it like, I guess, how is it limited only to the you and the parents in that case?
54:10Like, is it just very specifically delineated spouse gets X parents get Y or how does that work? Basically? Yes. So it depends if you have children, then that changes the math significantly. But because we had no children, and because his parents were alive, what those intestate succession laws in Colorado say are that the spouse inherits the first 300 ,000 of your intestate property, plus three quarters of the balance, and whatever's left, the parents inherit. So obviously, that's a lot, you know, the first 300 ,000 plus three quarters of the balance. That is the majority of any given account.
54:52And I definitely want to acknowledge that. But at the same time, I think for those of us in the FI community, it is not uncommon to have millions of dollars in your main primary brokerage account. That's a very common scenario. So even given this math, the potential is still there. And in my case was true that the parents walked away with well over six figures. That's not a small amount. When you're looking at your own phi horizon and your own math and what you need to meet your expenses based on the 4 % rule, yada, yada, yada, somebody walking away with that kind of money, just all in one fell swoop is just not, that's not in the math we do, right?
55:31When we're planning these things out. No, no, that is, that is for sure. And I guess, and again, we're just talking about Colorado here, so this is not applicable to everybody. So that 300 ,000, is this an account by account or would you have added up all of those intestate accounts, the ones where it was just Phil and you were not a beneficiary? Like, do they all get lumped together or is it just literally this one brokerage account and you get the first 300 ,000? If there were other accounts that, like you said, had no beneficiary designation and were only in his name, they would all have been lumped together.
56:05In our case, it really was just one account. Just this one account. Okay. Gotcha. So right. Just doing the simple back of the envelope math. If you had a million dollars in there, you back out the 300, so 700 ,000 remaining, they get 25 % of that. That's$175 ,000 if you had a million dollars. So yeah, that is wild. So okay. I mean, obviously I can't say this enough, but I just cannot believe that happened to you. I'm just so incredibly, incredibly sorry. Thank you. And the part that I'd be interested to hear from you on specifically. So like I said, Phil and I did not have children and that was a very intentional choice.
56:42And so therefore I cannot imagine at all what it's like when your child dies. I've talked to many people about this since, but since I'm on your show right now, I'd love to hear from you. Do you envision a scenario where if this unspeakable tragedy were to have occurred in your life that you would feel, you know, as the parent that it was rightful that you should get this piece of your child's estate? I mean, no, I can't fathom ever doing that. I mean, to be perfectly honest, like, again, I'm trying to keep my voice calm, but I'm seething with anger on your behalf. Like, I can't imagine the type of person that would do that.
57:19I mean, to me, that it just seems like theft in essence, but it's legal theft, obviously, because these are the the laws in that state. But I mean, this was your property as a married couple. And because you didn't dot some I's and cross some T's, they get to walk away with some of your money. And, and, you know, it's, it's unfortunate, like a lot of the old sayings that, you know, like don't mix money and family, you, you might find out some bad things that you don't want to, uh, to find out. I think, you know, this is a perfect case in point of when the numbers are big enough, people put some of their morals aside.
57:55It's really awful because in all the mourning that I've had to do, of Phil, of course, but also of the entire future that we had planned, the entire life that I thought was going to be mine for the next decades until my own death, there's been so much mourning. But some of the worst mourning is the mourning of the loss of these relationships with my in-laws because once they decided to pull this trigger, I did not see a way that I could continue to have a relationship with him. And it's a really huge loss because they were maybe the two other people who loved Phil the most. And now I don't have access to them.
58:36I can't envision a scenario in which we can just sit back and lovingly remember this person who was so important to all of us because they've drawn this line that I just can't cross. It's like they lost their son and they could have had a daughter and they chose money instead. Yeah, that is just disgraceful. There's no other word for it. And again, I'm just so, so incredibly sorry. And I think something you alluded to before was a lot of just this entire situation and maybe especially this portion of it has compelled you to set up your future financial plan, your estate plan in a specific way.
59:20And I'd love if we could maybe leave the audience there, right? Maybe we could just touch on that before we close out because I think it's important. Yeah. So the first thing I'll say, this is going to violate so many of the rules in the FI community that people are going to want my head on a pike. But I bet many people can understand that in the wake of Phil's death, one of the things that had been lost was all of his knowledge and the things that he did in our life, in our household that I didn't know how to do. And one of those things was managing the money. Even though we did have many separate accounts, I have accounts in my own name also, the totality of our financial picture, what was in stocks, what was in bonds, what was the potential drawdown strategy, that was all managed by his very like math loving brain.
1:00:09I do not have that brain. Plus I was completely traumatized and forced into an immediate drawdown situation, which we had not been in before because he was still working. So I elected to begin working with a financial advisor. This is the part that I know a lot of people in the community are super against and that's fine. Like we all have our things, but one of the benefits that came from that financial advisor relationship is that this estate planning piece was thrown in. They had in-house legal counsel, estate planning attorneys, and they would, because I had a certain amount of assets invested with them, this was just sort of like a side benefit.
1:00:46And that really worked out well for me because I was really feeling the pressure to get these things in order. So I imagine it's similar to working with any estate attorneys. They give you questions. They want to know about, do you have preferences about your funeral, about how your body's disposed of, and then of course, all the financial questions about who do you want to benefit in the event of your death. You can break that down by percentages. You can break it down by dollar amounts. I know in my own case, I have a few either individuals or entities, charitable organizations that are getting like a flat $25 ,000 or$50 ,000.
1:01:21And so those will sort of be taken off the top. And then what remains is basically divided up percentage-wise among various family members. So that's what that looks like for me, but I can tell you it brings me so much peace of mind. Having been through what I've been through and having had to deal with the really messy aftermath and the collateral damage of those relationships with my in-laws, I can go to sleep at night now knowing that there's this very tidy binder in my safe at home to which one of my family members has the code that literally outlines everything. And additionally, I elected to appoint a corporate trustee because there are so many horror stories that lots of listeners I'm sure have heard about like, oh yeah, well, maybe our parents died and my brother was in charge, but I think he hoovered away a bunch of this money that he's not telling it.
1:02:12There's a lot of lack of transparency and that ends up having a really big fallout with the family relationships. And that's the scenario I definitely wanted to avoid. So I elected to have a corporate trustee, which will mean that they have a fiduciary responsibility to distribute my assets in this way. But there will be no accusing one brother or one parent or whatever of not doing it correctly. Okay. Yeah, that is a great piece of information. And yeah, as we've certainly illustrated here in the worst possible way, this money has a way of corrupting people on a lot of levels. So yeah, if you can take a step like that to avoid that.
1:02:49Okay. That sounds pretty darn good to me. So, you know, just talking about, about attorneys, I'm thinking back to my own when we set up our will and such is I actually, originally it was when I was still working full-time in my corporate career. And I think we had a benefit called prepaid legal at the company. And it was something like, it was so cheap. It was like 150 bucks a year, somewhere in that vicinity. It might've even been a little less. And one of the benefits was basically to set up a will and to have a local attorney. And I mean, it would have cost whatever it was. I don't even remember at the time, maybe 800 bucks, something like that, 800 to a thousand dollars, somewhere in that vicinity.
1:03:28And I was able to sign up for this prepaid legal for a year, get that will and trust, you know, those documents set up. And then I think I stopped the prepaid legal the next year. It was, it was like just a nice little frugal hack, right? Just, I guess, again, because these These are action steps, right? If you're listening to this and it's, you know, the next time you have open enrollment or whatever it is, your benefits at your job, see if that's an option. See if prepaid legal is an option. See if this is an option. Maybe you don't want to wait that long, frankly, but you might already be signed up for it.
1:03:58It might just be an auto thing. Look into it. That's a nice thing. You know, you mentioned a binder. We had Chelsea Brennan from emergency binders on the podcast. And yeah, that was in episode 125. five and she has this really incredible binder that it just, it thinks of all or most of these different things that you just might not think about. Like, I think we all think of the obvious ones, right? Like, okay. The passwords for our financial documents, but like we've talked about, like there's so many aspects of your, just your life, not just your financial life. Like who are the doctors that in my case, like my kids go to, like, who's the dentist?
1:04:35I wouldn't even know who to call, like all of these things, like if you cannot disrupt lives, like if you can just plan in advance, do the work in advance, it makes everything easier. So we're going to put that in the show notes. I think Chelsea was nice enough to give a choose a buy listeners a 20 % discount if you use choose FI as the code, but there's definitely a link in the show notes. So that's one of those things. I think it's somewhere around like$31 at the discount. I mean, it's nothing. It's a pittance. Just do it. It's just another one of these action items. And it's just so, so important.
1:05:08So Amy, thank you so very much for coming on the podcast. This was really, really genuinely wonderful. And I think it's just so helpful for our community. And it just, I can't tell you how much I appreciate it. And I guess I just want to ask on a personal level, how are you doing now? I know we were first introduced and got to know each other a little bit about a year ago. And I just wanted to ask that. Yeah. Thank you for asking. And also thank you just so much for having me and helping me disseminate this message because I do feel really passionate about it. In terms of how I'm doing now, if we had done this interview a year ago, a similar interview that I did last spring to this question, they asked me how life was now.
1:05:51And I said, well, life is tolerable. And at the time, I was a year and change out from Phil's death and that's how it felt. Life was tolerable, but tolerable is not a great place to live in the long term. I'm really happy that now I can report that life obviously will always be just forever altered, but I finally feel, literally as of less than a month ago, I feel like I turned a major corner. To quote the great Taylor Swift, I feel I have exited my grief era, and now I am in whatever era comes next. I don't know what that is. I'm writing a book that's still miles and miles away from completion.
1:06:34So not much to say about that yet, but I feel good about the possibilities that are open to me. I feel really good about my community here in the center of the Phi universe, Longmont, Colorado. I haven't really done much dating yet, but I'm starting to think about maybe doing that. So if anyone listening wants to email me, feel free. Just kidding. Anyway, But yeah, I feel like I've made a lot of really good strides. And while I still think about Phil every single day, and I think that will likely never change, I do finally feel like I'm in a place where his absence and the tragedy of his death is no longer the dominant feature of my life.
1:07:12Does that make sense? It makes a whole lot of sense. And I love the, you know, I'm a big Taylor Swift fan. So Taylor's had 10 errors so far, right? I think it's a nice time for you to have your next era and many more in the future. That's for sure. Thank you. That's just a wonderfully hopeful way to end this episode. And again, I really, really appreciate you sharing your story and all your wisdom. It's really, really something special. Thank you. Thank you. Thank you for listening to today's show and for being part of the Chooseify community. If you haven't already, the best ways to get involved are first, subscribe to the podcast So you're listening to this on a podcast player and just hit subscribe and then subscribe to my weekly newsletter.
1:07:58I actually sit down every Monday and write this by hand and I send it out Tuesday morning. So just head over to choosefi.com slash subscribe. And it's really, really easy to get on the newsletter list right there. And I would greatly appreciate it. It's the best way to get in touch with me. You can actually just hit reply to any of those emails and it comes directly to my inbox. So that's the way that I keep a pulse of the community. and how we keep this the ultimate crowdsourced personal finance show. And finally, if you're looking to join an in-real-life community, we have Chooseify local groups in 300-plus cities all around the world.
1:08:34So head to chooseify.com slash local, and you'll find a list of all of those cities in 20-plus countries all across the world. And if you're just getting started with FI, or you have a family member or a friend who you think would be interested, two easy ways. Choose a Vi episode 100 is kind of our welcome to the Fi community. And even though it's a couple years old at this point, it still stands up. And it's a really great just starting point to get an understanding of what is financial independence? What are we doing here? Why are we looking to live a more intentional life where we save money and use it as a springboard to live a better life?
1:09:11And then Choose a Vi created a financial independence 101 course that's entirely free. just head to choosefi.com slash fi101. And again, thanks for listening.
From the publisher
In this episode: what follows tragedy, the importance of wills and beneficiaries, intestate succession, and probate.
This week we are joined by Amy to discuss her personal account and experience with estate planning in the event of an unexpected passing, and what this can look like when plans aren’t in place. While death can be an uncomfortable topic to think about, it’s important to take time to garner a plan in place so that your loved ones are both prepared and not overwhelmed in the event of your passing. A large part of FI is about taking actionable steps to make your life easier, and estate planning is no different. From designating beneficiaries and setting up wills, to utilizing password verification methods on your accounts, there are many actionable steps you can take in order to make the process of passing easier for your family and loved ones. Amy’s story is not meant to be a cautionary tale, but rather a reminder to not ignore or avoid a personal subject matter just because it’s uncomfortable.
Timestamps:
- 1:23 - Introduction
- 2:45 - Amy's FI Journey
- 9:03 - Income Planning and FI
- 17:24 - What Follows Tragedy
- 28:33 - The Importance of Wills and Beneficiary Designation
- 36:23 - Preparing in Advance and Considering The Possibility
- 44:27 - Immediate Access and The Ancillary Things
- 48:15 - Probate
- 59:09 - Setting Up Your Estate
- 65:09 - Conclusion
Resources Mentioned In Today’s Episode:
- The Shockingly Simple Math Behind Early Retirement
- Intestate Succession
- The Family Emergency Binder | ChooseFI Ep. 125 (Promo Code "ChooseFI")
- Subscribe to The FI Weekly!
- Top 10 Recommended Travel Rewards Credit Cards
- Empower: Free Dashboard to Track Your Finances
- CIT Bank Platinum Savings Account
- M1 Finance: Commission-Free Investing, 1-click rebalancing
- CashFreely: Maximize Your Cash Back Rewards
- Travel Freely: Track all your rewards cards and points
- Emergency Binder: For Your Family’s Essential Info (code ‘CHOOSEFI’ for 20% off)
- Student Loan Planner: Custom Consult (with $100 Discount)
