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Weekend Reading for Financial Planners (Jan 26-27)

January 25, 2013 07:30 pm 0 Comments CATEGORY: Weekend Reading

Enjoy the current installment of "weekend reading for financial planners" - this week's issues starts off with the big regulatory news that Mary Jo White has been nominated to replace interim SEC chairwoman Elisse Walter; White is an industry "outsider" with a background as a U.S. attorney who has prosecuted terrorists and organized crime bosses, raising the question of whether there's about to be a shift in the aggressiveness of the SEC towards Wall Street and in favor of the fiduciary movement. After looking at a second article on the trend towards fiduciary as well, we have a series of more technical articles, including one that suggests potential estate tax reforms may change how ILITs are designed, another that provides a useful checklist of reminders for advisors and their clients when someone passes away, and an interesting look at how education regarding stock options can help employees overcome the mental shortcuts they take that often misjudge the value of their option compensation.

We also have a series of retirement-planning-related articles this week, including: research about how clients can start with significantly higher safe withdrawal rates if they're willing to give up inflationary adjustments in later years (which often happens anyway as clients age); a new research study suggesting that the base safe withdrawal rate may need to be reduced below 4% given today's dangerous combination of high market valuation and low yields; and how it may be worth delaying immediate annuities given today's low return environment until clients are well into their 70s or even their 80s. There's also a striking article looking at how annuities may change in the coming decade, going back to their industry roots from centuries ago where annuities didn't guarantee a lifetime of cash payments, but of lifetime services like food, clothing, and shelter. There are also two behavioral-finance-oriented articles: the first looks at how to manage not the behavioral biases of our clients but our own biases; and the second shows how keeping too much liquidity for clients is a problem not just because it's a return drag but also because clients may actually be happier if their long-term investments are illiquid to reduce temptation to spend!

We wrap up with a nice reminder that working as a professional can lead to a lot of sitting - which can be very unhealthy over extended periods of time. The proposed solution: try "walking meetings" where you actually conduct the meeting while taking a walk, instead of just sitting. The author notes that it's not only a healthier way to meet, but can even lead to more productive meetings as well! Enjoy the reading!

MailBag: What Are The Implications Of A Uniform Fiduciary Standard To Advisors And Consumers?

January 24, 2013 12:03 pm 1 Comment CATEGORY: MailBag

Many readers of this blog contact me directly with questions and comments. While often the responses are very specific to a particular circumstance, occasionally the subject matter is general enough that it might be of interest to others as well. Accordingly, I will occasionally post a new "MailBag" article, presenting the question or comment (on a strictly anonymous basis!) and my response, in the hopes that the discussion may be useful food for thought.

In this week's MailBag, we look at a recent inquiry regarding the proposed changes to the fiduciary standard, and whether the implementation of a uniform fiduciary standard that applies equally to all types of advisors could help or hurt investment advisers and the public.

An Efficient Solution To Implement Intra-Family Mortgage Loan Strategies

January 23, 2013 01:02 pm 34 Comments CATEGORY: Debt & Liabilities

In the ongoing difficult borrowing environment, some potential homebuyers have found the best way to finance a purchase is not from a major commercial bank, but from the "family bank" instead through an intra-family loan. And as long as IRS guidelines are followed, the transaction can be remarkably appealing, with more flexible lending terms, IRS-required Applicable Federal Rates that are still lower than commercial mortgage rates, the potential to still deduct mortgage interest payments for the borrower, avoidance of origination and many other mortgage transaction fees, and the simple benefit that all the interest and principal payments ultimately stay in the family.

A major downside, however, is that to ensure the IRS truly respects the transaction - and to receive some of the tax benefits as well - formalities of the loan should be honored, including drafting a promissory note, recording the mortgage against the residence in the proper jurisdiction, and completing actual payments of interest and/or principal.

Fortunately, a new solution has emerged - a company called National Family Mortgage, that completes all of the required documentation, records the mortgage, helps to service the loan, and even issues the requisite IRS reporting forms, all for a fraction of the cost of a traditional mortgage loan origination fee. While this won't likely mark a great boom in intra-family mortgage lending, it nonetheless makes the strategy far easier for advisors to implement efficiently for clients!Read More...

Why Saying You’re A Fiduciary Destroys Trust Instead Of Building It

January 21, 2013 01:01 pm 12 Comments CATEGORY: Marketing

As financial planning shifts increasingly to a pure fiduciary focus, many advisors have begun to differentiate themselves by explaining to prospective clients their fiduciary obligations, ostensibly in an effort to demonstrate that they are trustworthy. Unfortunately, though, the reality is that saying "You can trust me" is actually a terrible way to establish trust, especially when it's done using complex jargon that most consumers don't even understand! Even worse, in many cases an advisor talking about fiduciary status is less about demonstrating the trustworthiness of the advisor, and more about bashing the competition for not being worthy of trust - despite the fact that may make the advisor appear petty or desperate with little value to offer, and may actually prime clients towards distrust of any advisors! So what should financial planners do instead? Focus on conveying credibility more holistically, which includes a focus not only on motives and intent, but also the advisor's integrity, capabilities to deliver value to the client, and track record for positive financial planning results. And establish your trust and credibility not just by your words, but by your actions and behaviors. Or stated more simply: stop trying to establish client trust by saying you're a fiduciary; instead, build real trust with your clients by actually being one and behaving accordingly!

Weekend Reading for Financial Planners (Jan 19-20) – Practice Management Edition!

January 18, 2013 06:01 pm 3 Comments CATEGORY: Weekend Reading

Enjoy the current installment of "weekend reading for financial planners" - this week's "Practice Management" edition starts off with a nice Journal of Financial Planning Focus article by marketing consultant Stephen Wershing about how to refine your referral process to improve growth, a great list of tools for digital age marketing from technology consultant Bill Winterberg, and a good reminder that digital age marketing strategies should focus not just on building social media followers but ultimately converting them into clients. From there, we look at an interesting article about the rise of "wealth databases" that advisors can engage to find affluent prospective clients, a profile of some firms that are aiming to serve younger clients not just with different services but an entirely different office atmosphere, and a review from Bill Winterberg about the Fox Financial Planning Network and the resources it provides to help firms with workflow efficiency.

We also look at a few articles highlighting some of the difficult challenges that advisors face, including two warnings from both Mark Tibergien and Angie Herbers that the advisor marketplace is becoming more challenging and competitive and that advisors and the vendors who serve them must step up to compete, a discussion from Pinnacle Advisor Solutions highlighting the emerging number of outsourcing providers that are trying to help advisors get past the growth wall, and a look at how some advisors are joining close-knit study groups where they "open the kimono" and share everything in an intimate group setting to get feedback about how to improve their businesses and professional lives.

We wrap up with two interesting articles: the first suggests that while financial planning is slowly moving beyond just focusing on the numbers to look at client personal issues, we're still a long way from truly integrating behavioral finance and a more holistic look at well-being; and another that shows how storytelling may be a more effective way to activate our brains, which is relevant for everything from marketing your services to prospects to helping persuade clients to change their behaviors and implement your recommendations. Enjoy the reading!

Permanent Portability Of The Estate Tax Exemption – Is It Time To Bypass The Bypass Trust For Good?

January 16, 2013 12:01 pm 27 Comments CATEGORY: Estate Planning

As a part of the resolution to the fiscal cliff, the American Taxpayer Relief Act of 2012 (ATRA) extended and made permanent a number of important tax code provisions that impact estate planning, including the now-$5.25 million estate tax exemption (after inflation indexing), and the portability of a deceased spouse's unused exclusion amount (DSUEA) to carry over some or all of that $5.25 million to a surviving spouse. The end result of these changes: married couples can shelter as much as $10.5M of net worth from the estate tax system simply by doing nothing more than leaving everything to a surviving spouse with a simple Will and filing an estate tax return.

The ramifications of these changes will significantly impact estate planning for years to come, as the higher exemption drastically reduces how many people will be subject to the estate tax in the future, and portability in particular renders the use of bypass trusts largely irrelevant. In fact, bypass trusts actually become an adverse strategy for many, given both the direct cash costs of trust drafting and administration, and the indirect income tax consequences like compressed trust income tax brackets and the loss of any step-up in basis at death.

While bypass trusts will still remain relevant in some situations, from their usefulness to shelter future growth from taxation for very high net worth couples and to preserve the GST exemption (which is not portable), to their utility for state estate tax planning. In addition, use of trusts in general will remain relevant for many non-tax reasons, especially asset, divorce, and spendthrift protection. Nonetheless, the bottom line is that with the new rules, esecpially portability of the estate tax exemption, it may be time to bypass the bypass trust for the overwhelming majority of Americans!
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