September
2010
A Monthly Newsletter Source of Financial Sources
Don’t miss this month’s timely story ideas, direct dial phone numbers, and E-mail addresses of these accessible experts!
ESTATE PLANNING
• Media Alert:
Source available to speak with the media on “Strategies for Keeping
Resort Properties in the Family".
• Save Millions in Estate Taxes by Moving Your
IRA into a Single Premium Immediate Annuity (SPIA).
PLANNING FOR RETIREMENT
• What Financial Advisors Need to Know about
Retirement Lifestyle Planning
When clients decide to “right-size”
their lives, you will want to give them accurate advice. All
residential communities are not alike.
FINANCIAL PLANNING
• Recession and Divorce:
The Economy is Making an Already Difficult Decision Even Worse.
Equitability between divorcing parties requires complex decrees
but doing it right the first time is important and a financial
advisor is key.
REAL ESTATE
• Homeowners Looking to Refinance Now will be Constrained by Lower Home Values Leaving Them with Less Equity.
With interest rates staying low, many people are interested in refinancing their mortgage.
VARIABLE ANNUITIES
• Variable Annuities with Income Guarantees: More Options Than Previously Thought
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ESTATE
PLANNING
Media Alert:
Source available to speak with the media on “Strategies for Keeping Resort
Properties
in the Family”
As the season
winds down and wind begins to chill the beaches and ponds, families are
faced with who will put the house to sleep for the winter and who will pay
for necessary maintenance and capital improvements. As families get larger
and more people want access to a resort property, the actual management
of the property becomes a problem, yet the owners really want to keep it
in the family.
Andrew J. Sohn, Sohn & Associates, Boxborough, MA, 978-263-3336,office
or 978-501-1335, cell, is available as a source on this topic.
He can address:
- Using second-to-die life insurance policies to endow a trust that
can pay for maintenance, improvements, and real estate taxes.
- Who to
choose as trustees and voting powers among the trustees or a third-party
person.
- Gifting the cost of premiums of the second-to-die life insurance
policies to trustees of the maintenance and tax trust.
Please call him
when you plan an article on the issues around legacy planning for resort
property.
Thank you for your consideration.
Andrew J. Sohn, MBA, Sohn & Associates,
works with individuals, families and small business owners, to help them
achieve their financial objectives through a long-term relationship based
on knowledgeable advice. Sohn & Assoiciates offers financial strategies,
products and services -- and delivers them when, where and how you want
them. It's your choice.. The firm has offices in Boxboro, Massachusetts.
Sohn can be reached at ajsohn@gmail.com or 978-263-3336
x202.
Save Millions
in Estate Taxes by Moving Your IRA into a Single Premium Immediate
Annuity (SPIA)
A large IRA that is
not thoughtfully positioned in a family’s estate planning can have a
dramatic impact on total taxes that will be paid. For affluent families,
an IRA left to beneficiaries can result in the payment of not only estate
taxes, but also federal, and for many, state income taxes. This can amount
to an erosion of up to 75% of the IRA account balance or more. There
are a few advanced estate planning strategies that can help mitigate
these taxes. One little-known strategy can be used to optimize the IRA,
rather than shrink it, during the settlement of the estate.
For example,
if the IRA is shifted into a Single Premium Immediate Annuity (SPIA),
assets can produce income yet still be moved out of the taxable estate.
Income taxes are still paid, but because the value of the estate has
been decreased, the estate taxes on the estate’s assets are lowered,
and income taxes are paid during the investor’s life.
Consider Ann and
Robert Jones , who are both approaching their late 70s. They have an
estate of $9 million of which $7.5 million is in real estate and $1.5
million is in an IRA. As their estate is currently structured, and assuming
2011 estate tax law, they would pay an estate tax of $3.5 million and
an additional 50% personal income tax on the IRA account. The total
shrinkage to their estate from taxes would be $4.25 million, a large
part of their legacy. Because the estate and personal income taxes are
so large, the family would be required to liquidate the real estate.
In today’s commercial real estate market, this liquidation would amount
to a fire sale, further reducing the estate left to their children.
The
family needs to reduce their estate and personal income taxes and most
urgently to provide liquidity to preserve the real estate for the family.
This can be done by reducing the value of the retirement account by taking
$1.1 million from the retirement account to fund an SPIA. For the Jones
family given their age and current interest rates, the SPIA generates
$93,000 a year for the life of the clients, regardless of how long the
last person lives. The Jones' can use this income to gift money to their
three children and spouses, who in turn agree to use the gifts to fund
a $3,000,000 irrevocable life insurance policy that is held outside their
estate. When the second of the Jones' parents dies, payments from the
SPIA stop, and the life insurance policy] of $3,000,000 is paid.
Assuming
the Jones both die in 2011, the estate is $7.9MM[rich] (less the $1.1
million used for the SPIA). The remaining $400,000 in the IRA account
is reduced to $200,000 because of the approximate 50% income taxes due,
reducing the estate to $7.7MM. Assuming the $1MM per person in estate
tax exemptions scheduled for 2011, the taxable estate is $5.7MM. Rounding
up the estate tax rate to 50%, $2.85MM is due for estate taxes. The $3MM
life insurance is paid, covering the estate tax. Netting all these calculations,
the beneficiaries, in this case the children, will share an estate totaling
just under $8MM. This is significantly higher than the previous planning
where these same beneficiaries would have netted $4.85MM.
Like any advanced
estate planning, a considerable number of matters would need to be vetted.
Similarly, not all types of life insurance and SPIAs have the same features
and tax treatment. All these matters need to be carefully considered
when exploring this type of planning. For the Jones family, the bottom
line is that the family has considerably lowered their tax bite, preserved
the real estate, and the legacy to their children is protected.
Rich
Arzaga, CFP® CCIM, is Founder and President, Cornerstone Wealth Management,
San Ramon, California, a life planning company. He is also an instructor
in the nationally-recognized financial planning certification program
at U.C. Berkeley. Rich can be reached at rich@cornerstonewmi.com or toll
free (888) 290-9900. Rich Arzaga is a registered representative with,
and securities offered through, LPL Financial Member FINRA/SIPC.
PLANNING
FOR RETIREMENT
What Financial
Advisors Need to Know about Retirement Lifestyle Planning
When clients decide
to “right-size” their lives, you will want to give them accurate advice.
All residential communities are not alike.
It’s a sure bet that your clients are going to ask what
you think about their desire to sell their primary residence and move to
something more manageable. They are tired of the lawn, the gutters, and
snow, but they do not want to go to Florida. One of the pair has a medical
condition that means they need good medical care wherever they move. Their
instinct is to go to a residential community where they have no more maintenance,
not as much driving, and where they have the possibility of finding a community
of like-minded friends.
You say, “OK, let’s look at the numbers.” That’s
your first instinct. But all residential communities are not alike. Lifestyle
possibilities, amenities and services have really improved in the past few
years. It’s no longer a resigned “Gee, I guess we have to go,” but more
a matter of “I can’t wait until I qualify,” because 24/7 concierge services
are much more attractive to the 55+ set.
Helping your clients choose a residential
community starts with you becoming much more informed. They can be bright,
contemporary and very busy places, with many residents working in their
apartment/suites, a trend for many Americans. Others go to work from the
residences every day. Have you noticed that your clients are keeping jobs
longer, or finding new work as they age, either paid or volunteer?
The key
question you want your clients to ask is whether the community can help
them craft the lifestyle they need now. But this is a two-part question:
Can their residential community also meet their needs as they age and those
needs change, without requiring another physical move?
A community providing
the widest possible combination of services is called a continuing care
residential community and the good ones promote a healthy lifestyle philosophy.
There are many communities that have a more limited menu of amenities and
services.
Costs and fees are only half of the story. The real story is what
kind of lifestyle do your clients want and how can that lifestyle be crafted
by the service provider they are thinking of choosing? You and they need
to understand what kinds of services and amenities are available in the
place they intend to move and will those services support them throughout
the changes they can expect in the third stage of their lives. Clearly,
they don’t want to move often, so you better get your facts straight the
first time.
Here’s a primer of choices your clients can make when they choose
to “right-size” their lives:
- New Smaller House purchase -- This requires
all the same maintenance issues of their larger home. Additional services
would be a la carte and costly.
- Condo purchase – This offers similar
problems to their larger home, additional fees beyond condo fees for unexpected
or necessary maintenance, and additional services would be a la carte
and costly
- Residential Community – Do your homework. Here’s how residential
communities break down regarding services, amenities, and fees.
Full Service:
It’s important to find out what full service means at different communities.
It can vary widely.
- Ask about in-house health care and whether assistive
services can be provided, as needed, in your client’s suite rather than
requiring a move to acquire such services?
- Are short-term rehabilitation
and skilled nursing services immediately and easily accessible if needed
by one spouse or partner?
- Is transportation for your regular errands
and medical appointments provided?
- Are fitness opportunities easily
available if you are interested?
- What are the program and event opportunities
both in and outside the community?
- Is there access to restaurant-quality
meals and in-room meal services?
- What is the cost of entry, whether
an Entrance Fee or Purchase.
- What are the monthly fees, when do they
increase, and how do they compare to costs of running the primary residence.
- Ask about the lives of existing residents, are they busy in the community
no matter what their age?
Assisted Living: The assisted living communities
are often heavily medically-oriented
and the residents have a certain level of daily living skill issues and
need for medical assistance daily and as a result are more expensive than
a full service community where you pay for what you need, when you need
it, and not for services that you do not need.
- Ask about dining services,
programming in and out of the community, and the lives of the current
residents.
Skilled Nursing: As the name implies, a skilled nursing organization
is needed by those in short-term rehabilitation from a knee or hip replacement,
other surgeries, or those with conditions requiring skilled nursing assistance
daily. Most skilled nursing communities have activity directors and the
activities are primarily passive, armchair travel, music, games, but few
events that get the residents out of the community because of mobility
and cognitive status.
A community with an excellent aging-in-place philosophy
promotes a healthier lifestyle and offers services that do not require
a second move later when one partner needs to access necessary medical
services. The top choice is a full-service, or continuing care residential
community. Such communities provide the complete spectrum of services
that meet the needs of residents ages 55+ and older. The services available
now were not available when your parents or grandparents needed help.
But now, these aging in place lifestyle communities meet the needs of
many of your clients and you need to be well-informed about their unique
qualities.
Kevin Comick is Executive
Director for Seashore Point, Provincetown, MA, a full service, continuing
care residential community, the only such community on the Outer Cape
and the only one located in the nation’s oldest continuous art colony.
Seashore Point is one of five Deaconess Abundant Life Communities, headquartered
in Concord, MA, and is a not-for-profit organization. Comick can be reached
at kcomick@seashorepoint.org or 508-487-0771.
FINANCIAL
PLANNING
Recession and Divorce: The Economy
is Making an Already Difficult Decision Even Worse.
Equitability between divorcing parties requires complex
decrees but doing it right the first time is important and a financial advisor
is key.
With the recession a fact and lingering, some marriages are headed for
divorce that were made tolerable by financial convenience or had some rough
spots that were easily overlooked during good financial times. There’s an
old saying that if you marry for money, you earn every penny. The other
side of that coin comes to the surface during an economic downturn. So divorce
may be a recession-instigated event.
Significantly, recession may influence
financial negotiations during divorce in different ways than during an average
or good economy. It’s common during most economic climates for spouses to
argue about whether investments, real estate, and other assets are fairly
valued. But in this economy, many of the assets are not truly in the best
of conditions.
Retirement Accounts
It would seem that retirement accounts
with a specific, current value would be pretty easy to evaluate. But some
disputes still come up based on who needs money immediately and who can
wait for investment values to recover. Even with taxes and penalties, if
funds are withdrawn from a retirement account, the money is immediately
available if needed.
Investment Accounts
Investment accounts have a similar
dynamic. The tax implications for selling investments are generally less
than taking money out of a retirement account. In some cases, there is actually
a tax benefit for liquidating investments in this economy if the investments
have a capital loss. But, the spouse who sells in this market loses the
ability to have the investment recover from the depressed value. However,
that money is available very quickly, even if it’s less money than in a
booming economy.
Real Estate
That’s not always true of the family home.
In some local markets, it seems almost impossible to sell a house at any
price. In a number of cases the house is “underwater” with more debt in
mortgages than the house would clear if it were sold. So
while divorcing spouses in a good market argue over who gets to keep the
house, they may now argue over who has to keep the house. Or they may even negotiate how
to manage a short sale or deal with foreclosure. There are some divorce
settlements that have major components of the agreement contingent on the
sale of the home. That may mean that both spouses live in the house for
an extended period or that the couple’s consumer debts are not paid in full
until the house is sold. A spouse who stays in the house may also be dealing
with paying a high mortgage to keep credit clean while having recently had
individual job earnings reduced.
Spousal Loss of Income, Real or Deliberate
This touches on another contentious issue in divorce during recession. Believe
it or not, there are people who get “divorce-itis” when a marriage is failing.
This is a term divorce professionals use to describe an unexplained drop
in earnings from a spouse when a divorce is anticipated. So it’s understandable
that divorce professionals have a bit of skepticism that a spouse with a
well-established, high income suddenly loses a job, stops getting bonuses,
has their commission base reduced, is furloughed, or some combination of
these income reductions. But these types of recession induced actions are
all over the news.
Inability to Pay Spousal Maintenance, Inability to Enter
Workforce
The spouse who has been a primary earner might be expected to
pay alimony – also known as spousal maintenance – after a divorce. But if
his earning capacity has been knocked down by the recession, he can’t pay
what he might have been able to pay several years ago or several years into
the future. No one is sure when he’ll be able to pay at that level again.
Also a spouse who has previously not had a job or been the secondary income
in a family may have quite a bit of trouble finding a position commensurate
with her work experience or education and might even have difficulty finding
any type of job. So while the judiciary and other divorce professionals
might normally prefer the clean and straightforward method of a fixed dollar
amount of alimony in a final decree, they may need to have a more creative
solution. That may mean having something relatively complex like assigning
a percentage of income to be paid as spousal maintenance. Or perhaps having
an initial dollar amount for alimony, but a date at which the spouses comes
back to court to have the amount revisited. Having a spousal maintenance
program that is going to be re-opened in the future leaves both spouses
lacking a sense of closure with the divorce.
Impact of Recession on Kids
of Divorce
The impact of a divorce in a down economy on the kids. When money
is tight, children often find their lifestyle impacted. When divorce divides
already limited funds into two households, that may further decrease the
activities parents can pay for that kids want. This may even mean older
kids having to postpone college or pay for it themselves after the family
believed through high school that college was on the parents’ tab.
There
are very few things in life more final than the final decree in a divorce.
So it’s important to have a financial settlement that works for both people
going forward. It’s difficult to make these decisions during the trauma
of divorce during a “normal” economy – whatever that is. Making these life
decisions when the future looks bleak for the economy, making decisions
in your own miserable situation is even more difficult. The reality is that
there is no perfect time financially to end a marriage, but a fair financial
conclusion should be pursued – no matter what the economy is.
Linda Y. Leitz,
CFP, EA, CDFA is a financial planner in Colorado Springs and the author
of We Need to Talk – Kids & Money After Divorce. linda@lindaleitz.com.
719-260-9800 x6.
REAL
ESTATE
Homeowners
Looking to Refinance Now will be Constrained by Lower Home Values Leaving
Them with Less Equity.
With interest rates staying low, many people are interested in refinancing
their mortgage.
Many people may be disappointed that they can no longer qualify for a
mortgage. A combination of lower home values and tighter loan standards
makes qualifying more difficult.
Many people have looked at their home
as if it were an ATM. They would refinance their mortgage periodically
to withdraw more equity banking on the home significantly increasing in
value each year. People would often use the cash from a refinance to pay
for other higher rate debt.
Those days are not soon to return as the
US housing market remains soft and the supply of existing homes remains
high. Homeowners looking to refinance now will be constrained by lower
home values leaving them with less equity.
Enticed by lower rates, if
a person can qualify for a new mortgage, hey may find significant expenses
can come along with the closing. Some costs can be rolled into the new
mortgage, but these costs will add to the long-term expenses of the loan.
Some people may want to look at an adjustable-rate mortgage. These loans
can be very risky if interest rates start going higher. The owner may
find himself with a much higher monthly payment than anticipated.
A fixed-rate
loan may have a higher initial rate, but it has the benefit of being consistent
over the life of the loan. People should also look at the rates and costs
for both a 15-year and a 30-year mortgage. People should not necessarily
be in too much of a hurry to get rid of a mortgage. With a 30-year mortgage,
you will have lower monthly payments. If you have extra cash flow, you
can make additional premium payments. If done regularly, these extra premium
payments can cut years off the life of the mortgage.
If presented with
an opportunity to refinance, don't be seduced by the interest rate offered.
Make sure you understand all the costs and all your obligations. Make
sure you understand how much money the loan originator is going to get.
They have great incentive to close as many loans as possible. It's one
of the many reasons the housing market is so weak now. If the new loan
doesn't help you with your current cash flow, it may not be a good move.
The refinance has to work for you to make it worthwhile. Be skeptical
and understand all the numbers.
Donald L. McCoy, J.D., CMFC -- Planners
Financial Services, Inc., 952-835-9000. Minneapolis, Minnesota. Registered
investment adviser and subsidiary company Montgomery Investment Management,
specialize in the management of no-load mutual fund portfolios for individuals
and retirement plans designed to protect capital by reducing risk. 952-835-9000 - pfshim@usinternet.com.
VARIABLE ANNUITIES
Variable Annuities with
Income Guarantees: More Options Than Previously Thought
Variable annuities (VA’s) have been around for many years in the financial
services industry, yet there are still many misconceptions regarding their
structure, usage and benefits in retirement planning. Many financial advisors
see them as a benefit in structuring retirement income goals, particularly
for clients with higher tax brackets. Variable annuities do not have annual
contribution limits as many qualified plans such as 401(k)s and IRAs require.
In cases like these, once the client has maxed out their qualified retirement
plan contributions, variable annuities may be able to fit the bill, because
the higher net worth clients still need tax deferral and need to contribute
more savings to help meet their future lifestyle.
With variable annuities
you pay no taxes on the income and investment gains from your annuity until
you withdraw your money. You may also transfer your money from one investment
option to another within a variable annuity without paying tax at the time
of the transfer. When you take a qualified withdrawal out of a variable
annuity, however, you will be taxed on the earnings at ordinary income
tax rates rather than lower capital gains rates. Variable annuities are
long-term investment vehicles so it is important that if you invest in
a VA, you hold on to it as a long-term vehicle. Most carriers charge surrender
charges in the first several years, so you want to make sure you carefully
assess the landscape of products and companies to make sure you are identifying
the right fit for the investor’s goals.
In this era of disappearing traditional
pensions and concern about the financial stability of Social Security,
variable annuities may be a good fit to help cover essential expenses in
retirement, particular if the investor holds an annuity that provides features
such as guaranteed minimum benefits. These types of features come at an
additional cost to the investor, so again it is important to understand
the client’s goals and make sure they are fully educated on the product
they are considering.
In terms of estate planning, most variable annuities
offer a death benefit. If you die before the insurer has started making
payments to you, your beneficiary is guaranteed to receive a specified
amount – typically at least the amount of your purchase payments. Your
beneficiary could obtain a benefit from this feature if, at the time of
your death, your account value is less than the guaranteed amount.
VA’s
aren’t right for those who might have to rely on higher withdraw rates
from their various retirement saving accounts to help meet expenses. Above
all, variable annuities are an investment vehicle with a range of investment
options. The value of your investment as a variable annuity owner will
vary depending on the performance of the investment options you choose.
The investment options for a variable annuity are typically mutual funds
that invest in stocks, bonds, money market instruments, or some combination,
and it is up to the investor and their advisor to make investment choices
that are appropriate for the client’s age, risk tolerance and financial
goals. If an investor does not have accessible lump sums of savings to
dedicate to for unforeseen expenses such as health care, long-term care
or other hardships, a variable annuity may not be the right fit in their
portfolio.
In summary, today’s portfolio of variable annuities offer more
choices than previously thought.
Stuart H. Armstrong, CFP®, CLU®, ChFC®,
CLTC is a financial planner with Centinel Financial Group, LLC in Boston,
Massachusetts. He is a frequent speaker and author on financial topics
and strategies. Stuart can be reached at 509 Columbus Avenue, Boston, MA
02118. 617.424.0005. The material being presented is for informational
purposes only. Although many of the topics presented may involve tax, legal,
accounting or other issues, neither, Signator Investors, Inc. and its affiliated
companies, nor any of its agents, employees or registered representatives
are in the business of offering such advice and it may not be relied on
for the purpose of avoiding any federal tax penalties. Individuals interested
in these topics should consult with their own professional advisers to
examine tax, legal, accounting or financial planning aspects of these topics
and how it applies to their specific circumstances. The guaranteed product
features are dependent upon the claims-paying ability of the issuer. Withdrawals
of taxable amounts will be subject to ordinary income tax and, if taken
prior to age 59 1/2, a 10% IRS tax penalty may apply.
Registered Representative/Securities
and Investment Advisory Services offered through Signator Investors, Inc.,
Member FINRA, SIPC, a Registered Investment Advisor. Centinel Financial
Group, LLC is independent of Signator Investors, Inc. and any affiliated
companies.
501-20100714-55645
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