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LIVE FROM MARYLAND PUBLIC TELEVISION, THIS IS "DIRECT CONNECTION" WITH JEFF SALKIN.

♪♪] >> JEFF: GOOD EVENING AND WELCOME TO YOUR "DIRECT CONNECTION."

WE BEGIN THIS WEEK WITH A COUNTDOWN TO KICKOFF, NFL PRESEASON IS OVER AND THE REAL COMPETITION IS ABOUT TO BEGIN.

THE OFF FIELD COMPETITION ALSO RAMPING UP WITH A NEW BOOK FROM FORMER NFL PLAYERS ASSOCIATION EXECUTIVE DIRECTOR DEMAURICE SMITH.

NOW, ON THE BOOK BEAT WE ARE JOINED BY THE AUTHOR OF TURF WARS, DEMAURICE SMITH THANK YOU FOR JOINING US AND WHAT A GREAT COMPACT CLEVER TITLE.

>> THANK YOU.

HAD HELP BUT THE DAY THAT THE TWO OF US CAME UP WITH THE WORD THE PHRASE TURF WARS WE KNEW WE STRUCK GOLD.

>> Jeff: YOU WERE THE LONG TIME HEAD OF THE PLAYERS NFL ASSOCIATION THE UNION WHAT PERIOD OF TIME WAS THIS?

>> FROM 2009 TO 2023.

AND MY LEGACY, THE PERSON I REPLACED WAS A LEGEND GENE UPSHAW WHO I NEVER MET.

TRAGICALLY PASSED AWAY FROM CANCER A YEAR-AND-A-HALF BEFORE I TOOK THE JOB.

BUT GENE LEFT A GREAT ORGANIZATION TO RUN AND I TRIED TO RUN IT THE WAY HE DID.

>> Jeff: WHAT WERE THE BIG EVENTS, HIGHLIGHTS OF YOUR TENURE?

>> I CAME IN AND TOOK OVER A SMALL CASE ABOUT AN ALLEGED GROUP OF NEW ORLEANS SAINTS WHO PUT BOUNTIES ON OTHER PLAYERS THAT TURNED INTO BOUNTY GATE.

AND REPRESENTED COLIN KAEPERNICK.

REPRESENTED TOM BRADY DURING DEFLATEGATE.

WENT THROUGH A LOCKOUT OF 143 DAYS.

SIGNED A COLLECTIVE BARGAINING AGREEMENT IN 2011 AND A SECOND ONE IN 2020.

AND WHEN I THOUGHT I WAS FINALLY DONE, I ACTUALLY HAD TO DO ANOTHER AGREEMENT TO MAKE OUR WAY THROUGH COVID.

SO I HAD A FEW BUMPS AND THINGS ALONG THE WAY.

BUT IT WAS A JOB OF A LIFETIME.

>> Jeff: HOW DIFFICULT IS IT TO KEEP THAT UNION UNIFIED?

YOU'VE GOT THE TOM BRADY'S THE SUPERSTARS OF THE WORLD AND YOU HAVE RANK-AND-FILE PLAYERS AND THEIR INTERESTS MAY NOT ALWAYS ALIGN?

>> YOU KNOW THE TOUGHEST PART, HONESTLY, WAS JUST DOING BATTLE WITH THE OWNERS EVERYDAY.

IN ALL HONESTY.

ONE OF THE THINGS I TRIED TO DO WITH OUR PLAYERS INSTEAD OF FOCUSING ON THE THINGS THAT SEPARATE US WHETHER IT IS A TOM BRADY OR A LINEBACKER THE THING THEY HAVE IN COMMON THEY ARE PLAYING A DANGEROUS GAME.

THE CAREERS ARE INCREDIBLY SHORT AND THE GOAL IS TO GET MORE OUT OF FOOTBALL THAN FOOTBALL GETS OUT OF OUR MEN.

IF YOU CAN FOCUS THEM ON THE THINGS THEY NEED, HEALTHCARE, THEY NEED A SAFE WORKPLACE.

THEY NEED TO MAKE SURE WE CAN CONTROL WHAT HAPPENS TO THEM TO THE EXTENT THAT WE CAN.

ON THE FIELD AND OFF.

AND FOCUSING OUR PLAYERS ON THIS ISSUE OF THESE CAREERS ARE SO SHORT, THE OWNERS OWN THE TEAMS FOR GENERATIONS.

AND AS A RESULT YOU HAVE TO BE A STRONG UNION.

>> Jeff: YOU KNOW THEY JOKE THAT NFL STANDS FOR NOT OR LONG AND THE AVERAGE CAREER REPORTEDLY THREE YEARS.

DOES THAT MAKE IT DIFFICULT WHEN YOU ARE GOING TO THE MAT AND THERE WAS A LOCKOUT, AND SAY HYPOTHETICAL PLAYERS BEEN IN FOR TWO YEARS AND THE COLLEGES ARE CREATING PEOPLE WHO WILL BE COMING FOR HIS JOB I'M THINKING HE WANTS TO PLAY IN YEAR THREE AND BANKS MONEY NOT BEING ON A PICKET LINE.

>> AND THAT IS HARD YOU HIT THE NAIL ON THE HEAD THAT IS THE TENSION.

THE CAREERS ARE SO SHORT THAT LITERALLY, THE VALUE PROPOSITION OF GOING TO A YOUNG MAN AND SAYING I WANT YOU TO GO ON STRIKE FOR ONE YEAR.

AND LOSE ONE-THIRD OF YOUR EARNING CAPACITY AND BY THE WAY, THAT IS GOING TO BE TO THE BENEFIT OF PLAYERS WHO COME AFTER YOU FAR MORE THAN IT WILL BENEFIT THE CURRENT CLASS THAT IS A TOUGH VALUE PROPOSITION.

SO WHAT YOU HAVE TO DO, THOUGH, IS YOU HAVE TO MAKE THAT VALUE PROPOSITION.

AND WHAT I TRY TO DO IS LINK IT TO HISTORY.

FREE AGENCY JUST TO PUT IT IN PERSPECTIVE, THE NATIONAL FOOTBALL LEAGUE SPENT $4 BILLION ON FREE AGENCY THIS YEAR.

$4 BILLION.

2.5 BILLION OF THAT 4 BILLION WAS FULLY GUARANTEED MONEY.

THE FIGHT FOR FREE AGENCY STARTED WITH THE NFL PLAYERS IN 1971, WITH THE BALTIMORE COLT NAMED JOHN MACKEY.

IT DIDN'T END UNTIL 1993 WITH A PLAYER REGGIE WHITE.

AND SO THE STORY I TRY TO TELL PLAYERS IS YES YOU ARE ONLY GOING TO PLAY FOR THREE YEARS, YES, THIS MIGHT BE ONE YEAR OF YOUR EARNING CAP I IT.

BUT THE ONLY REASON YOU HAVE FREE AGENCY, THE ONLY REASON YOU HAVE A PENSION, THE ONLY REASON YOU HAVE HEALTHCARE IS GUYS LIKE JOHN MACKEY AND REGGIE WHITE FOUGHT FOR THOSE THINGS FOR YOU AND MANY LOST THEIR JOBS.

AND MY JOB AS A UNION LEADER IS TO MAKE SURE THEY UNDERSTAND AND APPRECIATE THAT IN A WAY THAT KEEPS US TOGETHER AS A UNION.

>> Jeff: ON THE OTHER SIDE OF THAT, I READ THAT YOU DON'T SPEAK TO JOE MONTANA TO THIS DAY.

WHY IS THAT?

>> GOING BACK TO THAT HISTORY, I TRIED TO RUN THE NFL PA LIKE A LABOR UNION.

AND PROBABLY ONE OF THE GREATEST EDUCATION POINTS THAT I HAD WAS I WAS ABLE TO SIT DOWN WITH MARVIN MILLER THE LONG TIME HEAD OF THE BASEBALL UNION FOR A NUMBER OF SESSIONS BEFORE HE DIED.

BUT I ALSO THANKS TO A MAN RICH, JOINED THE EXECUTIVE COUNCIL OF THE A.F.L.-C.I.O.

AND I HAVE TO TELL YOU, JEFF, I WASN'T A HARDCORE LABOR PERSON WHEN I START THE JOB.

BUT BY THE TIME YOU GET TO A LOCKOUT YOU BECOME A HARDCORE LABOR PERSON.

AND THE FACT THAT JOE MONTANA AT THE TIME WAS THE HIGHEST PAID NFL PLAYER AND YET HE CROSSED THE PICKET LINE AND LEFT HIS TEAMMATES ON THE SIDELINE FIGHTING FOR HIS PENSION AND HIS BENEFITS, NO, I DON'T TALK TO JOE MONTANA TO THIS DAY.

>> Jeff: YOUR BOOK IS FULL OF STORIES.

TELL US A GOOD STORY EITHER CONNECTED TO DIVIDED BETWEEN WASHINGTON FOOTBALL FANS, BALTIMORE SMATTERING OF PEOPLE THAT ROOT FOR THE STEELERS AND THE EAGLES.

MAYBE IF YOU HAVE A STORY ABOUT ANY OF THOSE FRANCHISES OR, I HEARD YOU HAD A GOOD TOM BRADY STORY.

I HAVE A DAN SCHNEIDER STORY HE IS EASY TO PICK ON.

MY FAVORITE TOM BRADY DAN SCHNEIDER STORY I WOULD GET TO THE GAMES EARLY TO SEE THE VISITING TEAM GUYS.

AND TRUTH BE TOLD I HARDLY NEVER EVER STAYED FOR A FOOTBALL GAME DURING THE TIME I WAS EXECUTIVE DIRECTOR.

IT'S SUNDAY IS THE ONE DAY I KNOW THAT OUR PLAYERS AREN'T THINKING ABOUT ME AND I'M NOT THINKING ABOUT THEM.

SO I'M STANDING ON THE SIDELINE I GO TO SAY HI TO DAN I'VE SEEN HIM A LOT.

AND WE WERE VERY, VERY FRIENDLY AND CORD NATIONAL TO BE HONEST WITH YOU.

I TURNED TO HIM AND I SAID DAN, GOOD LUCK TODAY AS YOU GUYS ARE PLAYING THE PATRIOTS.

AND DAN SCHNEIDER TURNS TO ME AND HE GOES GOOD LUCK?

IS THAT YOU WILL YOU HAVE TO SAY IS GOOD LUCK?

LOOK AT THEIR NUMBER 12.

LOOK AT THAT GUY.

AND IT'S TOM BRADY.

AND THEN HE GOES LOOK AT MY NUMBER 12.

HAVE A LOVELY GAME, DAN.

AND I THINK THAT DAY I'M SURE TOM BRADY SCORED 50 POINTS ON THE WASHINGTON TEAM THAT DAY.

YEAH, TURF WARS IS FULL OF GREAT STORIES WHAT I TRIED TO DO IS TELL NOT ONLY THE INSIDE STORY OF FOOTBALL, BUT THIS IS A TREMENDOUS BUSINESS, BUT IN THE SAME WAY THAT YOU AND I REMEMBER THE MAYFLOWER VANS TAKING OUR TEAM AWAY, FOOTBALL BELONGS TO THE FANS.

AND IT BELONGS TO THE CITIES AND TOWNS THAT RISE UP AROUND THEM.

AND I THINK THERE IS SOMETHING INCREDIBLY INTRINSIC THAT WE HAVE TO TRY TO HOLD ON TO WHEN IT COMES TO THESE TEAMS AND THE CITIES.

I THINK THE MORE FOOTBALL BECOMES COMMODITIZED THE MORE WE SEPARATE OURSELVES FROM THE FACT THAT THESE GAMES ARE PLAYED BY HUMANS, THE HUMANITY OF THE GAME, I THINK WE THREATEN THAT WE LOSE THE SOUL OF FOOTBALL.

SO I WROTE TURF WARS THE FIGHT FOR THE SOUL OF AMERICA'S GAME FOR THAT REASON.

>> Jeff: AND THAT IS THE FULL TITLE THE FIGHT FOR THE SOUL OF AMERICA'S GAME.

SO WHEN THE NEXT CONTRACT IS UP, WHAT IS THE FIGHT GOING TO BE ABOUT?

>> I THINK THE FIGHT IS GOING TO BE WHAT FIGHTS ARE ALWAYS ABOUT BETWEEN LABOR AND MANAGEMENT.

MANAGE THE WANTS LABOR TO WORK LONGER HOURS FOR SMALLER AMOUNTS OF PAY.

AND THE PLAYERS WANT MORE OF A FAIR PAYCHECK.

IN 2030 THIS FIGHT IS GOING TO BOIL DOWN TO THAT AGAIN.

THERE ARE A NUMBER OF OWNERS THAT BELIEVE THAT THE 2020 DEAL THAT I SIGNED WAS TOO RICH FOR PLAYERS.

AND THEY WILL WANT MONEY BACK.

BUT THEY ARE ALSO GOING TO WANT SOMETHING BACK THAT HAS BEEN THE TRADITIONAL FOUNDING STONE FOR LABOR UNIONS.

PENSIONS.

THE NATIONAL FOOTBALL LEAGUE IS LITERALLY ONE OF THE FEW COMPANIES IN AMERICA, FRANKLY, THAT ARE STILL PAYING PENSIONS.

AND THE OWNERS DON'T LIKE THE PENSIONS BECAUSE THEY ARE ON THE HOOK FOR DOWNTURN IN THE MARKET FOR THOSE PENSIONS.

AND THE NATIONAL FOOTBALL LEAGUE AND MY HOPE IS THAT THE PLAYERS CONTINUE TO APPRECIATE THAT EVEN THOUGH THEIR CAREERS MIGHT END WHEN THEY ARE 27 AND 28, THAT THEY ARE GOING TO WANT TO HAVE A PENSION WHEN THEY ARE 55 AND 60.

AND I THINK THAT THE LEAGUE IS GOING TO DRAW A LINE IN THE SAND AND MAKE A DECISION THAT PENSIONS ARE A RELIC AND WE NEED TO GO FORWARD WITHOUT IT AND I HOPE THE PLAYERS RISE UP AND MEET THE CHALLENGE.

>> Jeff: ON THE SUBJECT OF COMPENSATION, ARE GUARANTEED CONTRACTS REALLY THE BIG ISSUE THAT THEY ARE MADE OUT TO BE SPEAKING AS AN AVERAGE FAN IF I'M READING ABOUT SOMEBODY IS GETTING A $50 MILLION CONTRACT AND ONLY 30 MILLION OF IT IS GOING TO BE GUARANTEED I DON'T HAVE SYMPATHY.

SHOULD I?

>> I DON'T THINK ANYBODY SHOULD HAVE SYMPATHY FOR ANYONE WHO IS GETTING PAID $30 MILLION OR $50 MILLION.

I DO THINK THAT FANS SHOULD HAVE AN UNDERSTANDING, THOUGH, THAT THERE IS NO COLLECTIVE BARGAINING AGREEMENT IN SPORTS.

THAT PROVIDES GUARANTEED CONTRACTS.

EVERYBODY HAS A MISUNDERSTANDING THAT THE BASEBALL CBA PROVIDES GUARANTEED CONTRACTS OR THE NBA PROVIDES GUARANTEED CONTRACTS OR THE HOCKEY CONTRACTS ARE GUARANTEED BECAUSE OF THE COLLECTIVE BARGAINING AGREEMENT.

THAT IS JUST NOT THE CASE.

GUARANTEED CONTRACTS ARE A MATTER OF CUSTOM IN PROFESSIONAL SPORTS.

AND IF YOU GO BACK IN HISTORY, YOU WILL FIND OUT THERE WAS A YOUNG MAN BASKETBALL PLAYER LARRY BIRD WHO WANTED A FULLY GUARANTEED CONTRACT LIKE A MAN NAMED MOSES MALONE.

AND MOSES MALONE'S CONTRACT HAD A NUMBER OF INCENTIVES HE COULD MAKE MORE MONEY IF HE MADE IT TO THE PLAYOFFS AND WON A NATIONAL CHAMPIONSHIP.

LARRY BIRD WAS THE FIRST MODERN ATHLETE TO MAKE A DECISION, NO, I WANT A FULLY GUARANTEED CONTRACT REGARDLESS OF WHAT IS GOING ON LATER ON IN MY CAREER.

SO I DON'T THINK FANS SHOULD BE WORRIED ABOUT NFL PLAYERS.

I THINK THE MORE INTERESTING QUESTION HERE IS WHY DOES THE CONVENTION OR WHY DOES THE CUSTOM THAT HAS MADE ITS WAY INTO BASKETBALL, HOCKEY AND BASEBALL, WHY IS THAT CUSTOM?

NOT TAKEN ROOT IN FOOTBALL?

AND THE REASON, I BELIEVE, IT HAS NOT TAKEN ROOT IN FOOTBALL IS THE SAME REASON THAT I FILED A GRIEVANCE AGAINST THE NATIONAL FOOTBALL LEAGUE BEFORE I LEFT THAT THERE IS COLLUSION AMONG THE OWNERS.

FANS SHOULD NOT THINK OF IT AS HAVING SYMPATHY FOR THE PLAYERS BUT FANS SHOULD BE CONCERNED THAT A GROUP OF BILLIONAIRES ARE CONSPIRING TO MANIPULATE THE CONTRACTS OF NFL PLAYERS.

>> Jeff: DEMAURICE SMITH THE BOOK IS TURF WARS, WE APPRECIATE YOUR TIME.

THANK YOU VERY MUCH.

>> THANK YOU VERY MUCH, JEFF.

>> Jeff: AUGUST IS NATIONAL MAKE A WILL MONTH.

WE RECENTLY SPOKE WITH ATTORNEY SAHMRA STEVENSON ABOUT JUST WHO NEEDS TO PUT THEIR LAST WILL AND TESTAMENT IN WRITING ALONG WITH SOME OTHER IMPORTANT DOCUMENTS.

THE BIG QUESTION, WHY DO PEOPLE NEED A WILL WHEN SO MANY PEOPLE DON'T HAVE ONE.

>> SO MANY PEOPLE DON'T HAVE ONE.

76% OF AMERICANS DO NOT HAVE A WILL IT SPEAKS TO THE BROAD MISCONCEPTION ABOUT WHO AND WHEN.

WHO ESTATE PLANNING APPLIES TO AND WHEN THE QUESTIONS NEED TO BE ANSWERED.

THE ANSWER IS IF YOU ARE OVER THE AGE OF 18 ESTATE PLANNING APPLIES TO YOU.

AND IT'S TIME TO TALK ABOUT THAT.

>> Jeff: FOR THAT 76% YOU, YOU SAID WHO DON'T HAVE IT IF SOMETHING BAD BEFALLS THEM AND THEY PASS ON, WHAT HAPPENS TO THEIR ASSETS?

>> WELL, WHEN SOMEONE PASSES AWAY WITHOUT CREATING A LAST WILL AND TESTAMENT THEY ARE SAID TO HAVE DIED INTESTATE AND THE LAWS WILL APPLY HOW THINGS ARE DISPUTED AND HANDLED.

WHEN YOU DON'T MAKE A PLAN THE STATE HAS A PLAN FOR YOU.

IN THE CASE OF DEATH THE LAWS IN THE STATE WHERE YOU PASS AWAY.

>> Jeff: IS THAT NECESSARILY A BAD THING?

ARE THE INTESSY LAWS UNREASONABLE IN SOME RESPECT?

>> I DON'T KNOW IF WE SAY BAD, GOOD OR BAD.

IT'S JUST MORE ABOUT MAKING SURE THAT WE UNDERSTAND WHAT IS AT STAKE.

THE MORE WE KNOW THE MORE WE CAN CONTROL THE FLOW THAT IS BOTH THE CONTROL OF THE FLOW OF THE ASSETS AND ESTATE AND THE FLOW OF POWER AND CONTROL WHO IS MAKING DECISIONS.

YOU MENTIONED END OF LIFE INCAPACITY IS PART OF THIS CONVERSATION WHERE PEOPLE GET MISLED BY THE TERM ESTATE PLANNING.

ESTATE IMPLIES IT HAS TO DO WITH ASSETS OR ACCUMULATION OF WEALTH.

I LIKE PEOPLE TO ENCOURAGE PEOPLE TO TALK ABOUT IT AS LIFE PLANNING.

PART OF A CONVERSATION WE NEED TO HAVE ABOUT HOW LIFE IS GOING TO GO.

HOW DECISIONS WILL BE MADE FOR US IN THE EVENT WE CAN'T MAKE DECISIONS FOR OURSELVES AND HOW OUR VALUES ARE GOING TO BE UPHELD AND RESPECTED IN ANY CIRCUMSTANCE.

>> Jeff: HOW DIFFICULT IS IT FOR PEOPLE TO SIT DOWN WITH YOU AND MAKE ALL THOSE QUESTIONS DECISIONS ABOUT QUESTIONS THAT NONE OF US WANT TO FACE?

>> IT CAN BE VERY, VERY DIFFICULT.

THERE CAN BE A LOT OF APPREHENSION TO TALKING ABOUT END OF LIFE BECAUSE SUPERSTITIONS OR UNCOMMON FOR THABILITY.

MAYBE FEELING OVERWHELMED BY MAKING THOSE TYPES OF DECISIONS.

IT CAN BE DIFFICULT.

MY JOB AS AN ATTORNEY I LOOK AT MY JOB WITH STEIN SPERLING TO HELP PEOPLE NAVIGATE WALKING THROUGH AND MAKING THOSE DECISIONS SIMPLER.

BITING OFF SMALLER PORTIONS.

THINKING ABOUT THINGS IN TERMS OF SHORTER PERIODS OF TIME FOR EXAMPLE.

ONE OF THE MAJOR DECISIONS THAT PEOPLE HAVE TO MAKE WHEN THEY HAVE MINOR CHILDREN IS GUARDIANSHIP.

CHOOSING A GUARDIAN TO LOOK AFTER YOUR MINOR CHILD IN THE EVENT YOU ARE NOT HERE TO DO THAT.

THINKING ABOUT THAT IN TERMS OF THE REST OF YOUR LIFE CAN BE AGAIN OVERWHELMING.

BUT IF WE TAKE IT INTO A SMALL CHUNK WHAT ARE WE OKAY WITH FOR THE NEXT THREE YEARS.

BECAUSE ANYBODY IS BETTER THAN WHAT THE STATE'S PLAN IS FOR YOU WHICH IS CHILD PROTECTIVE SERVICES.

>> Jeff: IT SEEMS LIKE SOMEWHERE ON THE PLANET GENERALLY IN HOLLYWOOD THERE'S ALWAYS A BIG CELEBRITY ESTATE BATTLE GOING ON SOME CELEBRITY PASSED AWAY AND SOMEBODY IS CONTESTING IT.

HOW OFTEN DOES THAT HAPPEN FOR NORMAL PEOPLE?

>> ALL THE TIME.

IF IT CAN HAPPEN TO CELEBRITIES IT CAN HAPPEN TO ANY OF US.

PEOPLE GO FROM GRIEF TO GREED QUICKLY.

SO MAKING SURE THAT WE HAVE PLANS IN PLACE BUT ALSO THAT WE'RE UPDATING THOSE PLANS.

YOUR ESTATE PLAN SHOULD GROW WITH YOU OVER YOUR LIFETIME AS CIRCUMSTANCES CHANGE IN YOUR LIFE, AS PEOPLE CHANGE IN YOUR LIFE YOU SHOULD BE MAKING THOSE CHANGES TO YOUR ESTATE PLAN AS WELL.

A LOT OF TIMES WE SEE THE CONTROVERSIES WHEN PEOPLE HAVEN'T UPDATED SOMETHING AND A LONG PERIOD OF TIME PASSED AND THINGS HAVE CHANGED NOW WE HAVE PEOPLE LEFT BEHIND WHO HAVE SOME ISSUE WITH HOW THINGS HAVE BEEN LEFT.

>> Jeff: THERE'S SOMETHING CALLED A WILL SUBSTITUTE WHAT IS THAT?

>> A WILL SUBSTITUTE.

>> Jeff: IN TERMS OF WAYS OF TITLING INVESTMENT ACCOUNTING OR BANK ACCOUNTS SO THAT IT PASSES WITHOUT GOING THROUGH THE INTESTACY SYSTEM.

>> THERE'S AVENUES, THERE'S PEOPLE LOVE TO AVOID PROBATE PEOPLE IN MY OFFICE SAY I WANT TO AVOID PROBATE.

I LOVE TO START THERE BY SAYING THERE IS NO WAY TO AVOID PROBATE EXCEPT NOT TO DIE.

>> Jeff: SIGN ME UP.

>> THERE'S TOOLS WE CAN DO TO HELP SIDESTEP PROBATE OR SHORTEN THE PROCESS.

ONE OF THE THINGS WAS TRANSFER ON DECK.

OR SETTING ACCOUNTS UP SO THAT SOMEONE CAN TAKE IMMEDIATE CONTROL OVER A BANK ACCOUNT OR ASSET WITHOUT HAVING TO HAVE THE COURTS GET INVOLVED.

THAT IS ONE AVENUE.

I WOULD SAY AS AN ATTORNEY THAT IT'S NOT THE FULL-PROOF WAY TO GO WITH REGARDS TO PLANNING.

AGAIN THERE'S NO RIGHT OR WRONG EVERYTHING IS BASED ON AN INDIVIDUAL NEED BASIS FOR AN INDIVIDUAL OR A FAMILY.

BUT WHAT YOU LEAVE WHAT I FIND WHEN PEOPLE WILL RELY ON TRANSFER ON DEATH IS HAVING JOINT ACCOUNTS THERE IS NO BACK UP TO THAT BACK UP PLAN.

CREATING AN ESTATE PLAN OR IF YOU YOUR GOAL IS TO AVOID PROBATE OR THE ESTATE ADMINISTRATION PROCESS OR THE COURTS, USING ESTATE PLANNING TOOLS LIKE CREATING A REVOCABLE LIVING TRUST WHICH ELIMINATES THE COURT'S NEED TO BE INVOLVED WITH THE ESTATE ADMINISTRATION OR REDUCE IT IS GREATLY.

>> Jeff: REMIND OUR VIEWERS IF YOU HAVE A QUESTION ABOUT WILLS AND TRUSTS SEND US AN E-MAIL TO LIVE QUESTIONS AT MPT.ORG/DONATE LET'S TALK ABOUT CONGRESS WHICH LIKES TO CHANGE TAX LAWS ALL THE TIME THEY DID IT AGAIN.

HOW DOES THAT AFFECT YOUR AVERAGE CLIENT AND WHAT HAPPENS WHEN STATE LAWS DON'T CHANGE AT THE SAME TIME?

>> SO THE BIG BIG, WHICH IS IN THE NEWS LATELY AND YOU HAVE NOT HEARD ABOUT THE INHERITANCE, THE CHANGE TO THE EXEMPTION TO THE INHERITANCE TAX THE FEDERAL LEVELING WITH TO $15 MILLION WHICH IS SAFE TO SAY THAT THERE ARE NOT MANY PEOPLE THAT FALL INTO THAT CATEGORY.

THE CONSEQUENCE FOR ME, AS AN ATTORNEY, THE CONSEQUENCE FOR THAT FOR ME, IS REALLY TRYING TO MAKE SURE I EMPHASIZE THAT ESTATE PLANNING GOES BEYOND TAX PLANNING.

THAT MIGHT BE THE GOAL FOR SOME PEOPLE WHO ARE GETTING INVOLVED WITH CREATING AN ESTATE PLAN BUT THERE ARE THINGS THAT GO BEYOND THAT WHEN IT COMES TO MAKING A PLAN.

I ENCOURAGE CLIENTS TO BEGIN WITH THE END IN MIND.

AVOIDING TAXES MIGHT NOT BE WHAT YOU ARE TRYING TO DO MAYBE IT'S CREATING PRIVACY OR CREATING EASE AND ELIMINATING THE NEEDS FOR ATTORNEYS FEES AND COURT COSTS FOR YOUR FAMILY AS THEY ARE TRYING TO SETTLE THINGS AFTER YOU ARE GONE.

>> Jeff: YOU MENTIONED THERE IS AN URGENCY FOR LGBTQ FOLKS TO PAY ATTENTION TO THIS STUFF THIS YEAR.

WHY IS THAT?

>> WELL, THAT IS LOOKING AT FORWARD THINKING TOWARDS WHAT THERE ARE SOME CONCERNS ABOUT THE PROTECTIONS AROUND LGBTQ FAMILIES, SPECIFICALLY WITH THE RESPECT TO GAY MARRIAGE AND WHETHER OR NOT THAT IS SOMETHING THAT IS GOING TO CHANGE AT A FEDERAL LEVEL.

I THINK THAT REALLY LENDS ITSELF TO A CONVERSATION THAT NEEDS TO HAPPEN IN LGBTQ FAMILIES ABOUT HOW DO WE MAKE SURE THAT WE ARE PLANNED FOR ACCURATELY NO MATTER THE CHANGE IN THE LAW.

AND ALSO, ACKNOWLEDGING THAT WITH THE CHANGE IN THE FEDERAL LAW IS GOING TO CREATE SOME DIFFICULTIES WITH THERE BEING FLUIDITY ACROSS STATE LINES MAKING SURE THAT YOU ARE PLANNING WITH REGARDS TO NOT ONLY WHERE YOU ARE LIVING BUT WHAT IS GOING ON IN OTHER STATES THAT YOU MIGHT END UP HAVING TO USE YOUR DOCUMENTS IN.

>> Jeff: VIEWER QUESTION WHAT ARE THE BENEFITS, IF ANY, OF A MEDICAID TRUST?

AND HOW MUCH DO THEY COST TO SETUP?

I SHOULD ASK YOU THAT GENERALLY ABOUT WILLS IN TERMS OF MEDICATE TRUSTS?

>> MEDICAID AND MEDICARE ASSET PLANNING.

TALKING ABOUT THIS IS A TYPE OF PLANNING THAT LOOKS AT MAKING SURE THAT YOU'RE GOING TO QUALIFY FOR MEDICAID BENEFITS IN THE EVENT THAT YOU FALL ILL AND NEED TO TAKE ADVANTAGE OF LONG-TERM CARE FACILITY OR IN-HOME CARE.

WHATEVER THE CASE MAYBE.

MEDICARE, MEDICAID PLANNING TAKES INTO ACCOUNT THAT THE GOVERNMENT IS GOING TO LOOK BACK IT HAS A FIVE-YEAR LOOK BACK PERIOD INTO WHAT ASSETS YOU HAVE AND BELONGING TO QUALIFY YOU FOR MEDICAID.

AND WHEN WE GET INTO MEDICAID PLANNING ONE OF THE ADVANTAGES TO THAT IS THAT WE'RE MAKING SURE THAT PEOPLE ARE PROTECTING THE ASSETS THAT THEY HAVE IN A TIMELY FASHION.

SO MAKING SURE THAT THAT FIVE-YEAR LOOK BACK PERIOD DOESN'T CREATE A SITUATION WHICH THEY NEED TO SPEND DOWN THE ASSETS THEY MIGHT HAVE THAT THEY ARE WILLING TO PASS DOWN TO THE NEXT GENERATION TO QUALIFY FOR THE BENEFITS.

>> Jeff: WHAT DOES IT COST?

I KNOW PEOPLE WILL SEE ADS ON-LINE FOR FREE OR LOW COST WILL PREPARATION SERVICES.

AND THOUGHTS ON WHETHER THAT MAKES SENSE IN CERTAIN CIRCUMSTANCES AND WHAT IT COSTS TO HAVE A PROFESSIONAL DO A CUSTOM APPROACH?

>> SURE.

AT THE END OF DAY A LOT OF THE TIMES YOU GET WHAT YOU PAY FOR.

IF THE PRICE SOUNDS TOO GOOD TO BE TRUE YOU SHOULD BE QUESTIONING THAT FOR GOOD REASON.

IT DOESN'T MEAN YOU CAN'T GET WHAT YOU NEED FOR A LESSER DOLLAR AMOUNT IT MEANS YOU NEED TO PAY ATTENTION.

GENERALLY SPEAKING YOUR WILL A COMPLETE PLANNING IS GOING TO BE NOT JUST A PIECEMEAL DOCUMENT LIKE A WILL IT WILL BE A WILL, POWER OF ATTORNEY, MEDICAL ADVANCED DIRECTIVE, HIPA WAIVERS THAT RELATE TO YOUR MEDICAL ADVANCE DIRECTIVE, LIVING WILL THOSE DOCUMENTS AND A COMPLETE PLANNING PACKAGE LIKE THAT IS GOING TO BE BETWEEN $1500 AND $2,000.

THIS IS GOING TO VARY ACROSS WHETHER YOU ARE WORKING WITH A LARGE FIRM, A SMALL FIRM WHAT YOU ARE LOOKING TO GET OUT OF THE EXPERIENCE.

YOUR TRUST PLANNING WILL BE START AROUND $3500 $4,000 AND CAN RANGE UP TO 12, 15,000.

>> Jeff: WHO NEEDS TO HAVE A TRUST?

>> THE COMPLEX PLANNING PART?

>> Jeff: JUST TO SETUP ANY TRUST.

>> ANY TRUST.

IT IS A CASE-BY-CASE BASIS.

I AM A REAL ADVOCATE FOR REVOCABLE LIVING TRUST THAN AN AMAZING TOOL THAT HELPS FAMILIES WITH PLANNING AND ALSO HELP STREAMLINE THINGS FOR THE NEXT GENERATION THAT IS COMING BEHIND THEM.

>> Jeff: THANKS TO ATTORNEY SAHMRA STEVENSON.

AND THAT IS "DIRECT CONNECTION" FOR THIS WEEK.

WE'RE BACK FRIDAY WITH "STATE CIRCLE" AND THE LATEST ON MARYLAND POLITICS JOIN US FOR THAT FRIDAY EVENING AT 7:00 P.M. YOU CAN SEE PAST EDITIONS OF OUR PROGRAMS EASIEST WAY TO DOWNLOAD THE FREE PBS APP.

FOR ALL OF US AT MPT I'M JEFF SALKIN THANKS FOR WATCHING "DIRECT CONNECTION" AND HAVE A GOOD NIGHT.

[♪♪]