Advanced Planning – New Risks for the Wealthy

I was recently part of a discussion on topic of new risks facing the wealthy conducted by Attorney Patricia  M. Annino of Boston MA.

As she highlights, families and family owned businesses are not only subject to the traditional risks in advanced planning such out of date business and estate planning documents, liquidity, divorce or remarriage, lack of effective communication among key stakeholders, for example but also for new risks that are born by social media, Google, globalization, the speed of innovation,  pre and post nuptial agreements,  attacks by the IRS,  and turbulent economic times to name a few.

Just last week we saw Michael Dell’s teenage children on their way to Fiji, tell the world through Instagram and Twitter where they were jetting off to, what they were eating, and gave the location, time and date of where they would be in a few weeks time.

How did Michael Dell deal with this issue?

Dell did something dramatic.  He took down his teenage children’s social media pages.  Even at the annual cost of $2.7M for security protection, which includes virtual oversight, it isn’t enough to protect his family’s privacy from his own children use of social media.  How many clients do you know that could be in this very position?

Too many I suspect.

What as planners should we do to help mitigate these risks or at a bare minimum to educate our clients so that they can begin to take action? We can help clients manage these new risks to family cohesiveness, business ownership, and wealth management by the creation of a Risk Management Policy Statement as Patricia suggests and add value to our relationships beyond the plan design.

Kim Hamilton

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Advanced Planning When The Boat Is Already Full

Tony DiPalo and Chester Bedloe are classic examples of two completely different clients. Both are business owners that have a great need to plan. However, both have had serious medical issues and are aging; Chester is 67 and Tony is only 52 but he has had a heart attack.

Their advisor has been in discussions with both clients for months now. He has explained the opportunities and the potential downside of not taking appropriate action yet both are stalling.

The advisor shares a quote with me from a book entitled “Free Will” and it mentions how difficult it is to make important decisions when one’s boat is already full.

Two clients with seemingly no motivation. What is an advisor to do?

Get to the heart of the matter.

Many times we approach a conversation with a solution to a problem that does not exist, at least in the minds of our clients.

If we start our conversations with something like this, “What is the single most troubling thing on your mind these days?” we just may get the answer were looking for. Conversation, nurturing and listening can provide opportunity where you least expect it.

Although Tony at 52 suffered a heart attack, he more than likely faced his own mortality but he beat the odds. Advanced planning comes in bite size pieces and as advisors we need to “beat the odds”. Don’t make the mistake of asking a client to bite off more than they can chew or to think about mortality when they are not ready to.

Here are three ways to stimulate advanced planning thinking.

1. The high net worth are concerned about cash flow. Cash flow is the first step in advance planning.
2. The high net worth are concerned about increased tax liability. Reducing income taxes is the second step in advance planning.
3. The high net worth are concerned about lawsuit liability. Asset protection is the third step in advanced planning.

These are all current issues and within them there are emotional issues that high net worth families face. Focus on the current and the future will follow.

 

Kim Hamilton

InKnowVision,LLC

 

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