Trusts – Who Needs Them?

I love Infographics. They tell a story and drill down to the information that you want to convey in the most simplistic form when done correctly.

Infographic- Millionaire Corner

Last week Millionaire Corner shared their latest Infographic on trusts. This Infographic nicely laid out the who, what, when and why that would demonstrate to a reader some of the benefits of trust planning. It was also apparent that they did their homework on the largest personal trust companies as displayed at the bottom.

As of late, many of our attorney relationships have voiced their concerns that their clients were not taking their advice about preparing for the possible elimination of the current exemptions.  The fear was that clients would wait until the elections were over and then they would get slammed with business that they would have to turn away or that clients would not be planning at all and lose the opportunity.

When asked how they introduced the exemption opportunity to their clients, they overwhelmingly responded that they mailed letters, wrote newsletters and brought it up at annual client meetings, if they had one.  Now if you are a client and receive a letter from an attorney like the one from this firm your eyes would be glazed over in seconds.

Alternatively, you could write or borrow a white paper like this firm did and experience a similar outcome. You could also keep it very simple and hire someone to create an Infographic like the one from Millionaire Corner or simply share this one with your readers.

Clients are more concerned about holding on to what they have today than giving it away. It may be that the wealth threshold for gifting has increased to a much higher net worth or your clients simply do not understand their options. Whatever the reason, make sure your clients understand in the simplest terms possible what it is that you are trying to educate them on. Infographics are a tool that could help.

Kim Hamilton

InKnowVision, LLC

How Much Is Enough?- Advanced Estate Planning

How Much Is Enough?  This vexing “elephant-in-the-room” question faces most families of wealth. “How much ought we to leave the children when we die?” Here is what Bill Gates and Warren Buffet said about leaving money to their heirs.

“One thing is for sure,” said Bill Gates in Forbes Magazine, “I won’t leave a lot of money
to my heirs because I don’t think it would be good for them.” He stated that he would leave each of his children $10 million.

“The perfect amount to leave children,” said Warren Buffet, “is enough so they would feel they could do anything, but not so much that they could do nothing.”

The “How Much?” question is enormously complex and, once opened, reveals other questions inside. Looking closely we see the question voices the parental worry that adult children will not know how to manage their inherited wealth.    But how did Bill Gates and Warren Buffet learn to manage their own wealth in ways that did not distort their character?

The idea that parents must limit their children’s wealth in order to preserve their children’s sanity and industry sounds appealing but, to me, it suggests either that parental values had not been inculcated into the family culture or that the parents don’t believe in their children’s ability to take to heart what they had been taught about life, wealth, and balance.

One anti-dote to the worry about inheritance distorting children later in life is to help children grow to become self-confident emotionally healthy adults, wealth aside.  This growth is not a “pie-in-the-sky” dream.  It is possible.  However it requires family interactions that are attuned to children’s emotional needs, from the crib onward. It’s a worthwhile investment because attitudes of confidence, industry, kindness, and generosity developed during childhood will protect inheritors from getting lost later in their lives.  These qualities and attitudes must be absorbed early in life.  They cannot be inculcated from the grave.

Usually family wealth is a veiled secret, vaguely acknowledged, but rarely discussed openly. In relation to families, I have a bias toward transparency, openness, & continuing familial communication especially because wealth does not remain a secret and end of life is way late in the game to begin such a truly intimate conversation.

I believe that wealth needs to be discussed in matter-of-fact ways in the family and that children should be brought in to the fact of family wealth at the earliest possible time, which, of course, will vary with the child and with the family.  For example, young children could be present at some meetings of family foundations.  When a bit older they even could be given some limited funds, under supervision, to distribute in considered ways.  The tradition of judicious financial management also should begin early.   When children are kept ignorant of the big secret that swirls around them they will be overwhelmed when they learn the truth.  As with most things, acknowledgement rather than avoidance of life’s obvious but sometimes uncomfortable realities is a preventative vaccination.

Of course there are families of wealth that do not function well.  This is not necessarily a function of wealth but of parental misattunement to the children’s needs.  All children rich, poor, and in between need the same thing – attuned parents.  Any time a special circumstance occurs in a child’s life, the child navigates that circumstance best when the circumstance is addressed and managed openly.  This applies to financial specialness as well as to physical specialness, handicaps, and even remarkable personal gifts and talents.

Legal structures and limited inheritance should be matters of last resort.  They are needed when children grow to be emotionally deformed adults.  In these situations too, however, it is essential that the children know of the structures and limitations created by their parents and the reasons for they were created, long before their parents die.  Nothing should come as a surprise at the end.   Sometimes it might be useful to engage these difficult conversations with a trained third-party since parents who could not engage an essential life long conversation with their children certainly will not have the ability to do that when they are looking at their disappointments as they end their lives.

 

Courtesy of Allen Siegel, MD  principal founder of the Nautilos Group in Chicago, IL

Website:  www.nautilosgroup.com   email:  asiegel@nautilos.com

 

Want to learn more about how InKnowVision can help your practice?  Call us today. 630-470-4683.

 

Why Cash Flow Matters

After completing over 900 integrated plans ($10- $100M in net worth) during the past nine years, we can confirm that cash flow and meeting lifestyle needs matter.

There is a gaping hole in integrated planning that exists between the financial and legal world.  You can’t have one without the other.  Clients fear that you will disrupt their cash flow, impede their lifestyle and make them give up control and that’s just the beginning.  These are by far the most common reasons clients do not embrace integrated planning.  If I was approached by an advisor whether it be an attorney, financial advisor or CPA, trying to sell me a strategy or plan and charging a large fee without understanding my lifestyle and cash flow needs first, I would run the other way.  Wouldn’t you?

Advanced estate planning or business transition planning, for example, can’t be done in a vacuum.  Over the years we have seen many plans put in place only to see them fall apart because clients didn’t really know what they had and how it affected their cash flow. Finding out the client’s goal and objectives is the first step. Securing their cash flow and lifestyle needs should be second.

Once you’ve come to terms with knowing their cash flow and having them confirm it with you and the rest of the advising team, then you can move into the planning options that will achieve the greatest results.

Take a lesson from us.  Cash is king. That is why we start at the top of the wheel, where the cash is.

Kim Hamilton

5 Ways to Assure Your Clients Plans Are Reviewed Annually

Advanced estate planning can be complex. It can also fall apart when you least expect it. Here are a few tips to help keep clients in tune with their planning.
  1. Tell them.  Clients will pretty much do what you ask so long as they trust you.  If you tell them that their plan will be reviewed at least annually then they will expect it.
  2. It’s Part of My Service.  Make it part of your process and assure clients that this benefit will far out weigh the risk.
  3. Share a Story. Most planning mistakes are made because plans are not updated, implemented or executed.  Sharing a story about anyone of these unfortunate events could help clients see why they should get a periodic review.
  4. Benefit vs. Cost. The value of keeping on top of one’s plan is priceless.  Would any of your clients want an outcome that was different from their stated goals? I know no one who wants to pay more for planning than is necessary. I guess we could say the same about taxes!
  5. Family Matters. Reminding clients why they choose to plan in the first place assures that their cash flow, lifestyle needs and family protection goals will be met and are often subject to change.

During this tax season, the opportunities to talk with clients and their other trusted advisors are numerous. Be sure that CPAs have copies of your clients most updated plan or at least a summary. Include the financial advisor as well. Plan to meet with all team members face to face to be sure that everyone is on the same page and clients are not at risk and they are not missing opportunities.

 

Kim Hamilton

Shareholder Revolt Leads To Advanced Estate Planning

Allen and Nancy Wilson are 58 and 53 respectively. Both are physicians with a combined annual income of approximately $300,000. Many years ago they invested in a company that was designed to grow through acquisition of other similar companies.

The company now has significant value and generates $4-$6 million in annual taxable income for our clients. The bad news is that the company only makes distributions sufficient to pay taxes on the income.

As a result of shareholder revolt, the company has now agreed to provide an additional $1M in distributions to Allen and Nancy until the expected sale of the company, which should occur sometime in the next 5 years.

Upon sale of the company, there will be an enormous capital gains event for Allen and Nancy. They currently spend about $750,000 per year and expect to be spending their investment account principal over the next few years until the company sells and provides them with a large influx of cash.

This story ended on a positive note. Thanks to the shareholder revolt, these clients were able to achieve significant success through the advanced planning process.

Now onto the remaining five hundred plus shareholders….

All it takes is a deadline to motivate planning

Whether a loved one is at death’s door or the tax law is about to change, there is an inevitable deadline looming for both.

Last week I received five phone calls, Facebook notifications and emails from friends and extended family that a parent  had passed away during the Thanksgiving holiday. It was a shock to have them happen all at once.  But then again who plans on dying.

In between attending wakes, funerals and sending sympathy cards, Scott and I had a chance to see the movie The Descendants, which by the way I urge every planner to see along with their clients.  It is reflective of the state in which we plan as well as for those who planned for us.  Both death and estate planning have something in common, finality.

The tax law will change at the end of 2012 if not before. And it will have finality.  This is why the current call to action for so many advisors and their clients is to move the planning process forward.  The deadline is fast approaching.

When my dear friend told me about her father’s recent passing she said, “ He stopped at the lawyer’s office to sign his will on the way to the hospital and he left me with the mess.  Thanks Dad.” I could say nothing but only hope that we can encourage clients to be more purposeful than this in their planning, deadline or no deadline.

Kim Hamilton

Entitlement- Defined by a Parent

Here is the definition by Merriam-Webster’s;

1. A : the state or condition of being entitled : right

B : a right to benefits specified especially by law or contract

2. : a government program providing benefits to members of a specified group; also : funds supporting or distributed by such a program

3: belief that one is deserving of or entitled to certain privileges

Here is the definition provided by a client shared by one of our advisors,

“Whatever I made during my lifetime, my children told me that they are entitled to it when I die.”

And that’s the truth.

Sad to say but we have created a sense of entitlement for our heirs and we have not heard the last of it.  Advanced estate planning and business succession planning bring out the best and the worst in families.  Divisions amongst family members can come at a time when planning needs are at their greatest. Overcoming this obstacle is a grand feat for anyone but there is hope.

Helping clients recognize early on that they can do something productive to ward off the entitlement issue can enhance and strengthen the client advisor relationship.  It can also give clients a peace of mind knowing that there is a process that can help them navigate through difficult conversations.

A word of warning; the entitlement generation is not limited to the “Y”s.  The economy has expanded it to the early age boomers and “X”ers as well.

HNW Women May Hold The Purse Strings

Susan Raymond, EVP of Changing Our World, gave an excellent presentation at the AFP in Chicago on The Coming Gender Transition in Wealth. With the changes in the economy and the world as a whole, it is no wonder that women are more focused on planning than investing. 

George Walper of the Spectrem Group states, “Planning must be much broader” and advisors should “help clients plan for overall life issues rather than asset allocation.”

A pearl of wisdom in an uncertain time.

 

A Matter of Life or Death

It is indeed a ‘perfect storm’ for estate planning and no matter where you turn this is all you read about. Your high-net worth clients are reading about it too. However this does not mean that they will act on this opportunity.

During our recent InKnowVision technical webinar we addressed the uses of GRATs (Grantor Retained Annuity Trusts) in the advanced estate planning process. The use of GRATs are commonly used. Unless tested against or integrated with other advanced estate planning options, a high net worth client and their advising team may never really know the true benefit of this advanced estate planning strategy for the larger estate. In return, this could prove more costly and less effective than the desired result.

Advanced estate planning or high net worth tax planning as some call it, requires the security and peace of mind that comes with protecting cash flow or enhancing it . This can be the deciding factor whether or not a client can or will move forward.

As one commenter put it, “Fabulous idea! Where am I supposed to borrow the money to carry out your recommendations?

By starting with a comprehensive cash flow and balance sheet analysis you can be assured that not only will you find the money to carry out the recommendations, the high net worth client and their advising team will be well equipped to make wise choices in the planning process that can produce the desired results.

Revisiting where you start the advanced planning process can be a matter of life or death…. tax that is.

Is Advanced Planning Discretionary?

Not a week goes by where this isn’t some communication about the estate tax; the good, the bad and the ugly.  It is tied to deficit reduction, holiday giving, history, and how to correctly “soak the rich”.

This communication has a direct impact on us. During the next three to four weeks InKnowVision will receive, more than likely, ten or more calls from advisors whose clients want to do year-end planning. If history repeats itself, then at least three of those will be planned for and implemented.

When was the last time you heard a business owner say something like this,

“I owe it to my 200(+) employees to keep them employed. I’ve already made it.  All I want is enough to support my current lifestyle so that my wife and I can enjoy our final years together.  Help me to create a plan to make this transition so I can feel great about its outcome.”

                                                            Owner, $80M manufacturing company

InKnowVision Case 2011

Times like these do not lend themselves nicely to “discretionary” advanced planning. There is too much at stake.

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