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Past performance isn't predictive; illustrative only. Investing risks principal; no securities offer. See important Disclaimers

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What Never Belongs in a Living Trust: The Assets That Can Undermine a Good Estate Plan

by Eric Seyboldt, MBA

In financial planning circles, the revocable living trust is often praised as a near-perfect instrument. It can simplify the transfer of assets, reduce probate delays, and keep family matters private. Yet even the finest tool becomes dangerous when used for the wrong job. Many households hear the phrase “put everything into the trust,” and assume that doing so represents sound planning.

In reality, some assets should almost never be placed inside a living trust. Doing so can create tax inefficiencies, disrupt legal protections, or interfere with the very benefits those assets were designed to provide.

A thoughtful estate plan requires knowing not only what belongs in a trust—but also what should remain outside it.

Qualified Retirement Accounts

The most common mistake occurs when individuals attempt to place retirement accounts—such as traditional IRAs, Roth IRAs, and 401(k) plans—into a living trust. These accounts are governed by federal tax law and carry special protections. Attempting to retitle them into a trust typically triggers a distribution event, which can cause the entire balance to become immediately taxable.

Consider a retiree with a $750,000 traditional IRA. If that account were transferred into a trust improperly, the IRS could treat the transaction as a full withdrawal. At a 24% federal bracket, the tax bill alone could exceed $180,000—an extraordinarily expensive error for a misunderstanding of paperwork.

The proper approach is far simpler: maintain the retirement account in the owner’s name and designate beneficiaries directly on the account form. Those beneficiary designations override probate and transfer the funds efficiently upon death.

Health Savings Accounts and Medical Accounts

Health Savings Accounts (HSAs) and certain medical savings arrangements also fall into the category of assets that should remain outside a trust. These accounts receive highly specific tax treatment. Contributions are tax-deductible, growth is tax-deferred, and withdrawals for medical expenses remain tax-free.

Placing such accounts inside a trust can complicate that structure. Instead, naming a spouse or appropriate beneficiary preserves the intended tax advantages.

Vehicles and Personal Property of Modest Value

Another asset category frequently misunderstood involves automobiles and everyday personal property. Technically, these items can be titled in the name of a trust, but doing so rarely improves the estate plan.

Motor vehicles depreciate rapidly and change ownership frequently. Retitling them into a trust often requires new registrations, insurance adjustments, and administrative costs that exceed the potential benefit.

A practical approach often used by experienced planners is to rely on state transfer procedures or simple estate provisions to distribute such items. In many states, small personal assets pass outside probate through simplified legal channels.

Certain Annuities and Insurance Contracts

Life insurance policies and annuities deserve careful attention. These financial instruments already contain beneficiary designations that transfer proceeds directly to heirs without probate.

Placing the policy itself into a revocable trust may provide little advantage and occasionally introduces complexity with insurance carriers. In most cases, naming individuals—or a properly designed trust—as the beneficiary achieves the intended result without altering ownership of the contract.

For example, a widow with a $300,000 life insurance policy may designate her two children as beneficiaries. Upon her passing, the insurance company pays the proceeds directly to them, typically within weeks. Probate courts never become involved.

The Economics of Good Structure

Estate planning resembles architecture more than paperwork. Each financial instrument was designed with a particular legal and economic framework in mind. Retirement accounts operate under tax deferral rules. Insurance contracts operate under beneficiary law. Trusts operate under property ownership law.

Confusing those frameworks can produce unintended consequences.

A well-constructed plan recognizes the strengths of each structure and allows them to work together rather than forcing every asset into a single container.

The industrialist Andrew Carnegie once remarked, “Surplus wealth is a sacred trust which its possessor is bound to administer in his lifetime for the good of the community.” Sound estate planning reflects that philosophy. Wealth deserves careful stewardship, not only during life but also in how it passes to the next generation.

Living trusts remain one of the most valuable tools in modern estate planning—but wisdom lies in knowing their limits. The households that understand what belongs outside the trust often end up with the most efficient, tax-sensitive, and family-friendly plans of all.

Reach out to us for a complimentary, 10-minute consultation call. A well-constructed retirement strategy should do more than just manage risk—it should provide clarity, confidence, and long-term stability. Schedule a complimentary 10-minute consultation by calling 614-943-2265 or email at [email protected]. Thoughtful planning today can help ensure your retirement is built on a foundation of informed choices—not guesswork.

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Past performance isn't predictive; illustrative only. Investing risks principal; no securities offer. See important Disclaimers

Keeping the Courthouse Out of the Family Business: How Married Couples Can Arrange Assets to Avoid Probate

by Eric Seyboldt, MBA

When a husband or wife passes away, the last place a surviving spouse should have to spend time is in a courthouse hallway. Yet for many families, that is exactly where the process begins. Probate—while sometimes necessary—can slow access to money, introduce legal costs, and make a private family matter part of the public record.

Careful planning can prevent much of that. When assets are positioned correctly during life, they can pass directly to a surviving spouse without the delays and administrative friction that probate often creates. The goal is not legal trickery. The goal is financial continuity at a moment when stability matters most.

Client: Why does probate become such a burden for surviving spouses?

Eric: Probate is simply the court’s way of supervising the transfer of assets when someone dies. The issue is not that probate exists—it serves an important legal purpose. The issue is timing and cost. A surviving spouse may suddenly find certain accounts frozen until the court process begins. Attorneys may need to file documents. Notices must be published. In some cases, months pass before assets are formally transferred.

From an economic standpoint, that delay can create real stress. The household bills do not stop when probate begins. Mortgage payments, property taxes, and insurance premiums still arrive on schedule. When assets move efficiently, the surviving spouse keeps control of the household balance sheet.

Client: What are the simplest ways couples can avoid probate?

Eric: The first step is proper ownership and beneficiary planning. Certain assets can transfer automatically when one spouse dies if they are titled correctly. Joint ownership with rights of survivorship is one common example. When the first spouse passes away, ownership immediately shifts to the survivor.

Beneficiary designations are another powerful tool. Retirement accounts such as IRAs and 401(k)s typically pass according to the beneficiary form on file, not the instructions in a will. Life insurance works the same way. If the surviving spouse is listed as beneficiary, the transfer usually happens quickly and without court involvement.

Many brokerage accounts and even bank accounts can also include transfer-on-death or payable-on-death designations. These simple forms can quietly eliminate an entire layer of probate administration.

Client: Many people assume a will solves this problem. Is that correct?

Eric: A will is important, but it often guides probate rather than avoids it. A will tells the court who should receive the assets. It does not necessarily keep the court from being involved in the first place.

Think of it this way: a will provides instructions, but the probate court is often the mechanism that carries out those instructions. Without additional planning—such as beneficiary designations or proper asset titling—the process may still run through the courthouse.

Client: What about families with larger or more complicated estates?

Eric: In those situations, many couples benefit from using a revocable living trust. A trust allows assets—such as a home, investment accounts, or rental property—to be owned by the trust during life while the couple maintains full control. After the first spouse dies, the surviving spouse can continue managing those assets without the same level of court supervision.

The economic advantage is continuity. The surviving spouse retains immediate authority to manage property, handle investments, and maintain financial stability. Instead of waiting for probate approvals, the household finances remain organized and accessible.

Client: What mistakes tend to create problems later?

Eric: The biggest mistake is assuming everything is coordinated when it really is not. One account may be jointly owned while another remains in only one spouse’s name. A retirement account might list an outdated beneficiary. A house may never have been retitled after a trust was created.

Estate planning works best when every piece fits together. The ownership of assets, the beneficiary forms, the trust structure, and the will should all point in the same direction. When that alignment exists, assets move cleanly and predictably.

At its core, avoiding probate is not about complicated legal maneuvering. It is about common-sense financial design. A household that has spent decades building savings and stability deserves a plan that protects those resources when life changes. The real mark of a well-structured financial life is not only how wealth is built—but how smoothly it moves to the person who needs it most when the time comes.

Contact us for a complimentary, 10-minute estate planning consultation. Moving across state lines—or through life’s major milestones—deserves the same level of care and foresight as building your wealth in the first place.

Call Eric Seyboldt at 614-943-2265 or email at [email protected] to schedule your free estate and legacy review. Because the plans that protect your family’s future are worth keeping as strong and up-to-date as the life you’ve worked so hard to build.

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Fixed annuities can be an essential component of a well-rounded retirement strategy, offering security, predictability, and efficiency in financial planning.

These are current fixed annuity rates and their durations from Top A-rated carriers (subject to change at any time, not FDIC insured):

Interest Rates Are Sliding—Now Is the Moment to Lock In Strong Fixed Annuity Rates 

3-year: 5.35% (under $100k Deposited)

3-year: 5.60% (over $100k Deposited)

5-year: 6.05% (under $100k Deposited)

5-year: 6.30% (over $100k Deposited)

7-year: 6.25% (under $100k Deposited)

7-year: 6.50% (over $100k Deposited)

Please feel free to call Eric at 614-943-2265 or email him at [email protected] if you’d like to ask any questions or request information on these fixed annuities or other retirement topics that are on your mind.

REAL ASSETS, Invest Like the Ultra-Wealthy

Invest Like the Ultra-Wealthy: Why Smart Money Is Flocking to Real Assets Like Gold

Let’s call it like it is: the traditional retirement game plan is starting to look outdated. Inflation keeps climbing, the dollar doesn’t stretch like it used to, and central banks continue flooding the system with liquidity. Meanwhile, the markets? Still as volatile and unpredictable as ever.

That’s why today’s smartest investors aren’t sitting on the sidelines—they’re taking action.

They’re turning to gold—a timeless, tangible asset that doesn’t disappear when Wall Street stumbles. Gold has quietly built and preserved wealth through centuries of financial upheaval.

This isn’t just a hedge. It’s a proven strategy for uncertain times.

📌 Gold has stood the test of time as a store of value across every major crisis.
📌 It provides a reliable safeguard against inflation and currency devaluation.
📌 Unlike stocks or bonds, gold is a physical asset you can see, hold, and control on your terms.

When the future feels uncertain, gold offers stability, security, and peace of mind. Make it a cornerstone of your retirement strategy today.

During market chaos, real assets don’t flinch. They thrive. History proves it. While equities tumble, hard assets often surge—shielding portfolios and delivering asymmetric returns when they're needed most.

And even in calm times? They add powerful diversification. That’s why the ultra-wealthy use them as a cornerstone—not a sideshow—in their wealth strategy.

Ask yourself:

🧠 Are you truly diversified?
🧠 What happens to your retirement if inflation stays elevated?
🧠 If the dollar weakens, what asset in your portfolio gets stronger?

If you don’t have a good answer, it’s time for a new conversation.

Allocating funds into the asset class known as “Real Assets” may be a strategy that you should consider.

Ask us how to Rollover a portion of Your IRA or 401k To a GOLD IRA (see link below) and:

• Safeguard your assets from the collapsing dollar

• Incorporate the ‘REAL ASSET’ class into your portfolio like the ultra-wealthy

• Hedge against the current high-inflation conditions

• Protect your retirement assets against economic crises

Just get in touch. We make it easier than ever.

Feedback or Questions?

You’re invited to get in touch with us if you’d like to find out how the Novus Financial Group can help you on your journey to a happy, fulfilling life in Retirement. 

Office: 614-943-2265

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Investment advisory services are offered by duly registered individuals on behalf of CreativeOne Wealth, LLC a Registered Investment Adviser.

The content we provide here isn’t financial advice and cannot be taken as such. Please speak to your financial advisor before making any investment decision. Also, note that every investment comes with its risks and drawbacks. Lastly, we would like to remind you that past results cannot guarantee future returns.

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