November
2004
Don't miss this
month's timely story ideas, direct dial phone numbers, and E-mail
addresses of these accessible experts!
INVESTMENTS
AND WEALTH MANAGEMENT
- Souped-up
Education Versus Professional Money Management in 401(k) Plans.
- Keeping Assets
Under the Control of the Family is Important in Estate Planning: But
are the kids ever ready to take on that responsibility?
- Why Every
Investor Needs a Pre-Nuptial Agreement.
- Gifting,
With Strings Attached.
PERSONAL
FINANCE/RETIREMENT
- New Consumer
Booklet Aids Those in Long-Term Care Crisis. The Truth You Need
to Know About Real Estate Appraisals.
- Roth IRA
vs. 529 Plan - Which is Better for College Savings?
PRACTICE
MANAGEMENT
- Many Surprises
Ahead for Brokers Looking to Change Firms.
E-COMMERCE
- Engaging
21st Century Technology Boosts Online Sales Dramatically for
18th Century, Hand-crafted Lanterns
Company enjoys $100, 000 in online sales in the first year.
INVESTMENTS
AND WEALTH MANAGEMENT
Souped-up
Education Versus Professional Money Management
in 401(k) Plans.
No matter how
you describe financial education for 401(k) participants, it is
still just education. No existing studies confirm that the majority
of 401(k) participants want to become educated. Their company's
management and the 401(k) plan provider, be it a mutual fund or
insurance company, or others, have long supported the idea that
participants want to make vital financial decisions for themselves,
but that is changing with the availability of professional money
management for assets within a 401(k) plan.
For some participants,
managing their own assets is a great and interesting challenge
and they rise to that challenge and are comfortable with their
decisions. For others, being required to make their own financial
decisions, even with education is viewed as a frightening, life
impacting event, with dire results if the wrong decisions are made.
This seems
particularly to be the feeling of older participants with larger
balances, women who are not financially comfortable, and younger
workers who are just beginning to grasp the responsibilities of
planning for retirement.
In the go-go
days of the tech boom and dot.com bust, many 401(k) portfolios
lost 40% or more in value, playing to the fears of many 401(k)
participants who never wanted to manage their own money in the
first place.
Now, there
is a more practical option for many 401(k) plan participants. The
un-financially savvy 401(k) participant can choose a professional
money manager to handle making all of the asset allocation and
re-balancing decisions required to protect their assets in down
or sideways markets and take advantage during up markets. The plan
sponsor will make the services of a professional money manager
available to participants, who then can choose to sign a contract
with that money manager if they so choose. Then, it is the portfolio
manager's responsibility to determine the participant's risk tolerance
and invest their money accordingly.
The long held
assumption that robust, online education was what the majority
of participants need does not hold up under scrutiny. Happy are
the participants who can delegate the money management duties required
by their portfolio to the professionals.
PMFM,
Inc. -- Since the early 90s, PMFM has managed assets for a wide
ranage of clients, including individual investors, trust accounts,
and qualified retirement plans. PMFM is a registered investment
advisory firm located in Athens, GA. They offer separate account
management services, proprietary mutual funds, and is the advisor
to 401K Toolbox, one of the leading 401(k) investment advisory
services in the nationa. PMFM manages approximately $650 million
in assets as of September 30, 2004. Contact Tim Chapman,
Managing Partner, 800-222-7636.
Keeping
Assets Under the Control of the Family is Important in Estate
Planning: But are the kids ever ready to take on that
responsibility?
Ninety
percent of the time, parents ready to do serious estate planning
have children, grown adults, who have formed their own financial
opinions and professional relationships. In fact, studies show
that moral and ethical values are established by the time a child
is 9 or 10. Time takes care of the rest. So just how much education
- or coercion - can parents try to impose with estate planning?
The bottom
line in estate planning is the preservation of family wealth. Some
families have children in very bad marriages and anticipate messy
divorces. Some children are addicted to drugs, alcohol or even
spending. Education is not going to impact these family situations.
Estate planning lends itself to extremely specific customization
so that it can reflect the needs and status of individual beneficiaries.
Most kids grow into responsible adults with little or no knowledge
about preservation of assets.
Parents who
create a dynasty or generation-skipping tax trust (GSTT) and introduce
their children to the advisors who helped them create this trust,
are offering their kids a way to preserve assets from generation
to generation. The children also have the option of closing the
trust and making their own, independent decisions. However, leaving
a structure for preservation of your assets and asking the children
to discuss your reasoning will go a long way toward helping them
retain assets, the overarching goal of most parents.
Pearson
Financial Services , Dennis, MA, is the author of "The
Million Dollar Gift: Dynasty Trusts. Why Leave Your Assets
Any Other Way", written for his clients, their families,
and his own family. He offers a fully integrated wealth management
process, incorporating investment, retirement, financial and
estate planning specialists under one roof, serving clients
as their family's office, designing and implementing strategies
to protect and distribute their wealth and highly appreciated
property. Seth Pearson, CFP 800-385-7925
Why
Every Investor Needs a Pre-Nuptial Agreement.
Pre-Nuptial
Agreements are often used to secure the financial well-being of
a marriage. In simplest terms, the Agreement is a joint expression
of the betrothed couple’s wishes for the growth and preservation
of the union’s assets. You may be surprised to learn that
Pre-Nuptial Agreements exist within the world of investment advisory
as an Investment Policy Statement (IPS). This straightforward,
yet powerful, statement can spell the difference between a long,
satisfying partnership with your investment advisor and a nightmare.
Needless suffering
can occur when the parties to the investment advisory relationship
fail to use this vital tool. A foundation that has just recognized
an unanticipated level of losses in the capital earmarked for its
mission, or an individual investor for whom an advisor’s
ill-conceived, and largely undisclosed, investment strategy has
effectively postponed retirement by a decade, have a common missing
link --the Investment Policy Statement. The IPS establishes and
documents the understanding between the Client and the Advisor
with respect to the expectations, objectives, and management guidelines
for investing the portfolio. It covers critical ground by:
- Creating
the framework for a well-diversified asset mix that can reasonably
be expected to generate acceptable long-term returns at a level
of risk suitable to the investor
- Describing
the level of risk that will be taken in the investment of the
portfolio
- Defining
the portfolio’s target asset allocation policy
- Documenting
what the portfolio can and cannot invest in
- Defining
how investment managers will be chosen and, equally as important,
how their follow-on investment performance will be evaluated
- Outlining
how portfolio performance will be measured both in relation to
competitors (i.e., other investment managers) and the broader
market; and
- Defining
the responsibilities of the Advisor and the Investor, and providing
a foundation for effective communication between the parties.
Don’t
delay. Contact your investment advisor and request a copy of your
portfolio’s IPS. If this request is followed by a long pause,
respectfully request that a Statement be drafted before any further
fees are paid to the advisor. A Statement is likely to follow in
short order.
Paula
Chauncey , CFA, Managing Partner, être llc,617-716-0257works
with individuals, and their closely held businesses, to develop and
execute wealth-building strategies. pchauncey@etrellc.com .
Gifting,
With Strings Attached.
Most people
are familiar with using the unified credit exemption of $1 million
per parent at death, but it may be more advantageous to consider
using the credit during life. The IRS gives us both a "cold
water" and "hot water" spigot in which to make gifts.
This allows each parent to make an $11,000 annual gift per child/grandchild
(cold water tap) and the ability to gift $1 million per parent
in a lifetime exemption (hot water tap). Gifting usually occurs
when parents are determined to see the maximum amount of their
hard earned assets escape estate taxes. Gifting or peeling off
assets from their estate while alive may make good sense.
For example,
by gifting a $1 million asset out of the estate while alive, the
parents are, in essence, giving away all of the growth on that
asset. Assume that the $1 million appreciates at 7.2% over 20 years. The
rule of 72 says this gift will double twice to $4 million. Giving
away the credit amount today, results in removing $3 million from
the taxable estate, and at a 50% estate tax rate, may provide a
potential savings of $1.5MM.
In larger estates
there are many additional strategies to "leverage up" this
credit amount. For example:
- Put the
$1 million exemption into an LLC, and then gift into a trust,
This approach can provide a significant discount to the assets'
actual fair market value, allowing for a much larger gift.
- Buy a large
life insurance policy with the exemption which can potentially
increase the value of the investment by ten fold or more.
- Use a Personal
Residence Trust to allow the family to remove their personal
realty at a fraction of its value.
Removing assets
today essentially removes the growth of a valuable asset from the
estate, thereby reducing future estate taxes. The use of trusts
can shelter assets from adversaries, including divorce, death and
remarriage, liability, and creditors.
Trust creation
should be built to suit the specific, customized needs of individuals
and their families. For anyone concerned about giving away money
that may be needed later, any gifting strategy should be very carefully
scrutinized.
Another cutting
edge approach families are starting to use is the SLAT or spousal
lifetime access trust. A typical approach has Dad creating a trust
for Mom and the kids, Mom gets the proceeds of the trust first,
then they go to the kids. Mom creates the same trust with Dad as
the first beneficiary and then the kids. Here's how it works.
Each parent
can place assets into the other's trust. Assume four children at
11,000 each from two parents = $44,000 x 2 = $88,000) plus both
parents can gift their $1 million exemption. Then, if they wish,
they can give away $ 2,088,000 in the first year. But since Mom
and Dad are beneficiaries to the other's trust, the assets have
not really been given away and can still be called upon for health
care, long term care, real estate maintenance, general needs,
and the assets can still grow. They can pass to the beneficiaries
free of estate taxes. In addition this strategy effectively protects
assets from all adversaries.
Gifting while
we are still alive, rather than waiting until death is a powerful
desire on the part of some parents. The issue is that many parents
do not want to lose control or access to this money, therefore
many do not participate in what could prove to be an economic home
run for their estate plan. The use of a SLAT allows parents to
gift, while maintaining a certain degree of control and almost
unlimited access until the death of one spouse. It is also a practical
approach. A wealth preservation specialist with gifting experience
can offer numerous scenarios of interest to couples doing their
estate planning.
Gary
K. Hager , CFP, Founder and President, Integrated
Wealth Management, Edison, New Jersey, a full service wealth
advisory firm, serves as the primary financial resource for
affluent families and closely-held business owners, providing
state of the art planning solutions which effectively integrate
the disciplines of Wealth Accumulation and Wealth Preservation.
Contact: ghager@iwmco.com,
732-510-1611.
PERSONAL
FINANCE/RETIREMENT
New
Consumer Booklet Aids Those in Long-Term Care Crisis.
Marilee
Driscoll ,
author of “Complete Idiot’s Guide to Long Term
Care Planning” has written a 42-tip booklet“Long-Term
Care Planning Tips When There’s No Time to Plan,” a
user friendly guide to help family members start the journey
when they are in an elder care.
Many American
consumers are grappling with a long-term care crisis and their
numbers will only increase as the Boomer’s parents age. In
fact, most elderly people do not plan for their long-term care.
The logistical, legal and financial decisions often land, by default,
on unprepared family members. The family needs information and
perspective, but does not have time to read the many good books
on the topic when they are in crisis. Here are some sample tips.
- Free research
on elder care options is available from many sources, including
websites such as the federal government’s Eldercare Locator,
at www.eldercare.gov.
If you don’t have easy access to the Internet, they can
be reached by calling 800-677-1116.
- Compile
a list of people who may provide any level of help…even
if it’s something as minor as picking up a few items for
you at the grocery store, or picking up a video or library book.
- Determine
if your loved one who needs LTC is eligible for financial assistance.
The primary government program that helps the poor obtain long-term
care is Medicaid (MassHealth in Massachusetts, MediCal in California).
Some states and localities have other programs, with different
degrees of financial qualifications. Find your state’s
Medicaid office at www.cms.hhs.gov/medicaid/ or
in the state government section of your yellow pages.
- If your
loved ones are still legally competent, encourage them to execute
a durable power of attorney. This makes it possible for another
person to legally sign for your loved one, in the event of incapacity.
The alternative when the family wants to sell or transfer property,
for example, is a court hearing. Make sure the person named is
trustworthy and has your loved one’s best interests in
mind.
- Employees
at companies with more than 50 workers are covered by the federal
Family Leave Act. Time off to care for a family member is normally
covered, though the time off is unpaid. Keep in mind that time
off does not need to be done on a per-day basis; you may take
off 3 hours one day to accompany your loved one to a doctor’s
visit., for example. Get more details from the Department of
Labor at www.dol.gov.elaws/fmla.htm,
or call them at 866-4-USA-DOL.
Consumers may
order the book at www.ltc123.com.
Media: E-mail
your request for a free booklet – a valuable addition to
any story on long term care, to md@marileedriscoll.com
Marilee
Driscoll , President, Long Term Care Learning Institute,
(508) 641-9393, Plymouth, Mass., www.ltc123.com,
is the author of "The Complete Idiot's Guide to Long Term
Care Planning. She is the nation's leading consumer authority
on strategies to pay for long term care. She is also
the founder of national Long-Term Care Planning Week, October
1-7.
The Truth
You Need to Know About Real Estate Appraisals
In many high-end
markets where homes are not selling as fast, consumers are often
frustrated because their perception is that the appraised value
of their home is far less than what it is actually worth. In many
cases they are right! This does not change the fact that real estate
appraisers must adhere to very specific rules and guidelines bestowed
upon them by the lender.
There are three
common problems that appraisers are facing in many of the higher-end
markets:
- “Bracketed” sales
- if you are buying or building your home for $500,000, and the
highest recent sales in the area were for $475,000, many lenders
would have a problem if your home appraised for more than the
$475,000. This is due to the fact that lenders want to make sure
that the market can support the higher purchase price and you
are not over-paying or over-building for the area.
- No sales – many
markets have slowed down to the point where not many $1mm+ homes
have been changing hands. This makes it extremely difficult for
appraisers to find comparable homes that they can use in their
appraisals. The result is that lenders are faced with looking
at sales data that can be more than a year old and this can cause
difficulty in approving loans with high loan-to-value ratios.
- Lack of
reliable sales data – in many markets, high-end homes that
are listed in the multiple-listing-service (MLS) are reported
as being sold for $1. The reasoning for this is that it “protects
the privacy” of homeowners by not having to disclose the
sales prices of their homes. In these cases, appraisers are left
only to rely on city or county data that can be unreliable in
determining the actual market value of the home. Also, with new
custom homes, builders are not required to disclose the dollar
value of the contracts that they’ve signed with homeowners.
This can often leave appraisers out in the cold when trying to
find comps for new construction custom homes.
On a refinance,
if the appraisal comes in at a lower value than what you expected,
you may need to change the loan amount or the mortgage structure.
On a new home purchase, if the appraisal comes in at a lower value
than the purchase price, you need to do one of three things:
- You could
renegotiate the purchase price with the seller. This would be
your best option and you should work with your Realtor to accomplish
that. This option may be more difficult if you are building a
new home as builders are often not willing to negotiate in these
cases.
- You could
come up with the difference in cash. For example, if you are
buying a home for $500,000, and you are financing 80% of the
purchase price, the loan size would be $400,000. However, if
the appraisal comes in at $490,000, the loan amount would need
to be reduced to $392,000, which would be 80% of the appraised
value of $490,000. Remember, the lender will only lend based
on the appraised value if the appraisal comes in lower than the
purchase agreement. In this case, if you still wish to buy the
home for $500,000, you will need to come to closing with an extra
$8,000 down payment, because the bank will only lend you 80%
of the appraised value, not 80% of the purchase price
.
- You could
change the structure of the mortgage or the loan amount to cover
the difference. This may or may not be feasible based on your
individual situation and the loan program and strategies that
you are implementing.
In all cases,
you should be working with a mortgage broker who can creatively
work for your best interests and advise you on the proper financing
strategies whether your home appraises above value, at value or
below value.
Gibran
Nicholas is the President and founder of Nicholas & Co.
Mortgage Planning Solutions, a private mortgage planning firm
based in Ann Arbor, MI specializing in helping affluent families
maximize wealth by successfully managing the equity in their
home and other real estate properties. Phone: 888-608-9800 Email: Gibran@NicholasCity.com Web
Site: NicholasCity.com
PRACTICE
MANAGEMENT
Many Surprises Ahead for Brokers Looking to Change Firms.
Brokers think
they understand the nuances of hiring and firing in their industry.
But the industry landscape has changed and some of the changes
may be surprising. Here are a few realities that brokers find when
they put their toe in the water and test the temperature:
Importance
of Fee-Based Books
Broker/dealers
insist there is a place for successful transactional brokers, but
from a compliance standpoint, fee-based books are far more desirable
to any recruiting broker dealer. Fee-based brokers need far less
management oversight. Any broker looking to change firms should
know that the most aggressive transition packages are going to
those brokers who meet the benchmark of a book that is at least
40% fee-based.
Dropping
TROs, Increasing Scrutiny
Some wirehouse
firms have a adopted a Broker Recruitment Protocol which in essence
has created a hands-off pact with each other, agreeing to cease
slapping Temporary Restraining Orders (TROs) on brokers when they
leave. These large firms came to the conclusion that the TROs were
not in the best interests of the clients, the broker dealer or
the broker, and really only benefited the lawyers. As a result,
however, firms are becoming tougher on brokers who may be suspected
of looking around, even though it is common practice and advisable
for all brokers. While it makes absolute good sense to explore
options and become educated on what the competition is offering
and what sort of opportunities exist in the marketplace, the requirement
for discretion is now even greater.
Recently, two
brokers were fired from different firms in different parts of the
country because their managers suspected that they were looking
to leave. As a result, their U5 record states that they were terminated,
and they will be scrutinized more carefully by the hiring firm.
Best practice dictates that you make sure you schedule meetings
after hours, talk on with recruiters from other firms on your cell
phone, and absolutely take no client files home with you. Once
you make up your mind that you need to move -- just go – the
longer you delay the greater the chance for problems.
Geographic
Options and Speed of Change
Brokers living
near large cities may believe their careers require an address
in the city and that transition packages will be greater there.
The truth is, brokers can be just as successful in the suburbs
and the transition package depends on qualities you bring to the
table, not your geographical location. However, in negotiations
for a new job, you may be able to work in the suburbs and meet
clients in your firm’s offices in the city. Unless you have
been terminated, or are going to be terminated, take your time
in making a decision, talk to the hiring firm's legal counsel about
how best to resign and transfer clients, and make decisions that
are in the best interests of both you and your clients.
Bank Brokerage
Brokers are
still surprised at the opportunities available at large national
bank brokerages today. Bank brokerages are being run by former
brokerage firm managers, not bankers, and have become a viable
alternative and real competitor to the wirehouses. Brokers are
able to tap into all of the products and services of the bank,
such as credit and lending programs, mortgages, as well as a full
suite of investment products and services, such as separately managed
accounts and managed money. Bank brokers experience no sacrifice
in serving their existing clients, and can potentially tap into
a handsome transition package, and gain access to a prospective
network of high net worth clients.
You can avoid
unexpected surprises when you understand changes in the recruiting
landscape.
Mindy
Diamond is President of Diamond Consultants, Chester,
New Jersey, a search firm specializing in recruiting wirehouse
and regional firm brokers with trailing 12-month’s production
between $200,000 and $5 million. Her firm assists these financial
consultants in evaluating opportunities in the industry and
introduces them to other wirehouses, regional firms, banks,
or independent broker-dealers. Mindy can be reached at908-879-1002,
or mdiamond@diamondrecruiter.com.
E-COMMERCE
Implementing
21 st Century Technology Boosts Online Sales Dramatically
for 18 th Century, Hand-crafted Copper Lanterns Company enjoys
$100, 000 in online sales in the first year.
Michael Joly,
owner of the Nauset Lantern Shop, Orleans , Mass. , www.nausetlanternshop.com hadn't
made a single online sale, ever, from his previous three web sites
over three years. A new web consulting firm, KISS Computing, Eastham
, Mass. , developed a strategy for Nauset Lantern Shop that dramatically
changed his online sales profitability, landing more than $100,000
in online sales the first year.
The challenge
was to design and develop a system that would allow for ordering
customized, hand-made, high end copper, brass and pewter lantern
styles, including choices of glass, finish and caging. KISS met
the challenge by designing a web site that presented the eighteenth
century craft appropriately (antique textures on background and
sepia tone photos) while still giving the prospective buyers complete
control over elements of their lanterns, all on one page and at
the same time.
It was important
to differentiate this hand made product from those that are mass-produced
replicas. Particular attention was given to using carefully written
copy from previous web efforts, plus providing appropriate keyword
density for effective search engine indexing. The use of a clear
and consistent navigation, detailed photographs and architectural
renderings of each lantern, and supportive pages explaining a coppersmith's
work in layman's terms, all helped achieve the differentiation
sought.
The front-end.
single page interface, a non-traditional shopping cart feature,
was developed specifically for Joly, allowing not only for the
customization of features, but also for the visual display of all
custom features. A visitor never leaves that design/order page
until the decision to buy is made, and then it's a simple check-out
process thereafter.
Nauset Lantern’s
shopping cart was built with an extensive administrative back end
that allows the coppersmith to manage it himself. The back end
is password-protected, and he can make edits himself, including
price changes, the addition of customization features, and order
management. The system automatically sends a confirmation email
to the customer upon the placement of an order, and notifies Joly
by an e-mail containing all the order information, including customization
features. These e-mails are editable in the back end as well.
KISS started
of a marketing campaign by implementing a Search Engine Rank Analysis
Report for Joly. With that documentation in hand, a campaign was
undertaken that involved paid inclusions (Yahoo Business Express,
Inktomi) and cost-per-click efforts. An integral part of this campaign
was search engine optimization (SEO) site work. The site was launched
the first week of May, 2003, and marketing continues monthly.
KISS prepares
and delivers to Joly and all clients, a quarterly Executive Summary-style
consulting report that presents recommendations for change-based
data that is important in managing the site. Change recommendations
include ways to improve functionality, customer ease of shopping
and lantern customization, and the effectiveness of copy in providing
a word diet rich in keywords.
Joly identified
a sales goal for the first year of online commerce, and KISS accepted
his challenge. The stated goal was $5,000 per month in online sales,
or, $60,000 for the first year. KISS was pleased to present him
with a year-end consulting report that identified actual first
year sales in excess of $100,000, bettering the goal by more than
65%.
KISS
Computing is full-service
web strategy firm, providing design, implementation, long
term evaluation, and action steps for change that keep web
site profitability above $5000 a month for small and mid-size
companies. Ross
and Amy Lasley KISS Computing, Eastham, Mass., 508-255-9550
x401, ross@kisscomputing.com.
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