Is it Time to Rethink your Estate Plan?

I lived in San Francisco during the "Dot-Com" Bubble and Bust from 1998 to 2002--and even though that downturn was real and painful for all of us living in the Bay Area (and all those heavily invested in tech stocks)--it didn't affect everyone across the country as much as the present financial downturn.

Ever since that tech meltdown, I became interested in bubbles, how are they created and why. So when I recently read more of Robert Shiller's thoughts, a Yale professor who is given some credit for predicting both the tech and housing flameouts with unnerving accuracy I was interested to learn more about him, see the recent article about home prices in the U.S. 

On my list of books to read soon are the following books by Mr. Shiller, one published just before the tech meltdown and the other before the sub-prime mess morphed into a full-fledged global meltdown: "Irrational Exuberance" and "The Subprime Solution: How Today's Global Financial Crisis Happened and What to Do About It," respectively speaking. 

As bubbles tend to inflate our assets and the ensuing busts tend to painfully deflate our assets, during these challenging economic times it is good idea to re-evaluate your estate plan and see if you are employing the correct strategies to leave a legacy you want. In the recent article by Money Magazine  it was stated that "according to estimates by the Federal Reserve, average household net worth dropped nearly 23% from a survey period starting in May 2007 to October 2008". I would estimate that percentage is higher now, 8 months later.

So what does this mean for your estate plan? The article provides some great ideas but the main point is that this might be a good time to rethink, re-evaluate and talk to your estate planning attorney to ensure your legacy and wishes are protected.

King's Estate Not So Dreamy for DreamWorks Studios

I blogged about Dr. Martin Luther King's estate dispute among his children back in October 2008.

And just this week, disagreement among the children was brought into the spotlight again. This time around DreamWorks Studios announced it will back out of plans to produce a movie about the Rev. Martin Luther King Jr., unless King's three surviving children settle their differences over the deal.

As stated in the recent news article:  "The latest public rift between Dexter King, the chief executive of the King estate, and his brother and sister -- Martin Luther King III and Bernice King -- erupted Tuesday, May 19 2009 after it was made public that Dexter King, 48, had finalized the deal with DreamWorks. Martin King and Bernice King have complained in court filings that Dexter King has acted independently for years on estate business matters, refusing to call a family meeting. Over the past year, angered over Dexter King's move to publish their mother's love letters, neither Martin King nor Bernice King has spoken to Dexter King, the source close to the family said.Dexter King, in a written statement Wednesday evening, said he has 'always upheld my duty' as CEO of the King estate to communicate with the others."

Years after Dr. King's death, the disputes are still going on with his estate and his legacy. In large estates, disputes among children might lead to contentious time consuming and costly litigation.  But even for those with moderate estates, contentious and expensive litigation can still occur.   It is better to create an overall estate plan that includes no contest provisions within the documents.  These provisions should help avoid and deter many of the costly lawsuits. 

I am sure there will be more updates on this matter...stay tuned...

Choosing an Assisted Living Facility in the Desert Just Got Easier for Yourself or a Loved One...

Sometimes it takes an illness, or an array of health issues to push us to plan as to what we would like to do with our house, assets and how we would like our money to be passed on to loved ones. Procrastination is the number one reason why people delay making decisions regarding their estate plan--and the same can be said about their long-term care options.

Health care decisions affect estate planning and finances--making families easily feel overwhelmed with the number of decisions needed to be made in choosing an appropriate board and care residential living facility option that would meet the wishes and lifestyles of those involved. As families embark on that search, an array of questions arise. Where do you look? How do you start and how do you evaluate the various assisted living facilities, and finally how do you compare them and make a final decision?

Recently, I had the good fortune of meeting with the founders of KLM Group Services, a new healthcare consulting company. Lawrence and Karen Morrissey who started the no cost referral services company desired to make the "Board and Care homes" search easier and more effective to the residents of the Coachella Valley. Lawrence (Larry) was dealing with some health care issues of his own and started to research and review the Board and Care facilities that were available in the Desert, when he realized that there were little to no standards for rating board and care facilities.

As a former healthcare executive, Larry thought it would not only be advantageous to the client and family, but a great help to the community to establish professional standards of "Board and Care homes" in the Coachella Valley. According to Larry, he decided to establish a set of accreditation criteria for inspection standards that would include potential preferences from social, lifestyle and personal options for each home. Their "strict accreditation standard" is currently used for the personal inspection of each home in their services network of Board and Care facilities making the search not only easier for the families, but increasing the level of trust and confidence that their loved one is placed in the a home which has been rated according to superior standards. 

Almost a decade ago, my grandmother was in a Board and Care facility in Cathedral City and so I think providing some criteria of the homes is a great idea, and I believe this is a valuable service for desert residents that need this option for themselves or a loved one. You can find out more about Larry and Karen Morrissey and their organization at www.klmgroupservices.com.

Giving Meaning to Your Estate Plan

On a recommendation from my wife, I read a book by Daniel Pink, A Whole New MindAccording to Mr. Pink, we live in a "Conceptual Age" and there are "six high-concept, high-touch senses" important now to the development of the "new mind." 

A couple that resonated with me especially was "story" and "meaning" (others are: design, symphony, empathy, and play).  While many things in the book resonated with me, these two really struck a cord with how I think about estate planning...

Every painting in my house has a story behind it. One is inherited from my grandmother, one from my great-aunt, some paintings were acquired on my trips to other states, and finally others in Europe.  My wife personally knows some of the artists, and knows where, when & why an artist painted a particular painting. Each of our paintings has a story, a sense of history---meaning.

Is there a story about your life, you would like your grandchildren to know about? Is there one lesson you would like to teach them? Is there a reason why you are leaving that house, a painting, an antique (or anything else) to a particular person? Is there a reason why you chose a certain charity, not the other? Is there an interesting story behind some your acquisitions?

At the end, we treasure our assets, but also as important, if not more important, are our stories, and experiences--our ability to give a sense of history.  Meaning of it all, in our own mind.

In my mind, estate planning can be, not just about transferring your money but more about your life, about your values and experiences. A written letter, audio CD or more elaborate video can be one intangible asset you leave (along with your estate plan) and the one that is treasured by your loved ones.

Healing Horses Announces Silent Auction

April is National Autism month, and as awareness is increased, the Healing Horses Therapeutic Riding Center in the Coachella Valley is raising funds for its year-round activities through a Silent Auction.  According to Advisory Board Member Gabriele Lawrence, "over 90% of [the non-profit's] riders are on the Autism Spectrum."

The Silent Auction is up and running now and will run through the end of April.  There are various items and services available to place a bid upon (donors below in parenthesis, if not stated outright):

  • Bakery Gift Certificates (Pastry Swan Bakery)
  • Italian designer jeans (Mister Marcus, Contemporary European Clothing)
  • Private photography session (Janine Benner Photography)
  • Physical Therapy or Yoga/Exercise Session (Perry Physical Therapy)
  • Hair Up-Do and Makeup Application (Patrick Marchesson Salon)
  • Tarah Jade Boutique Gift Certificate (Tarah Jade)
  • Artwork:  "The Water Horses" by Ray M. Shadman and donated by Mr. Shadman.
  • Artwork:  "Pinon Overlook" by Davis Murphy (Slink Productions)
  • Photographic Works "Bee" and "Fox" by Rob Hock and donated by Mr. Hock
  • Digital Fine Artworks "Six Chukker" and "Save" by Abe3Feathers and donated by Abe3Feathers.

Review the Healing Horses Website for updated information on the status of the Silent Auction.

Autism: Legal Considerations For Those that Provide Financial Assistance to Autistic Loved Ones

Today is World Autism Awareness Day which was established to raise awareness about autism in all regions of the World. According to the some studies, 1 out of 150 individuals will have some form of autism and while the experts and researchers nobly debate causes and cures, there is one thing for sure, everyone is aware that more resources are needed for research, education and support for families and children with autism.

Families with autistic children often need to assess and reassess how to pay for it all. Having a long-term financial strategy helps as it allows for families and relatives to help without limiting government assistance.

As government assistance comes with restrictive income requirements and can narrow a family’s financial options—here are some things to consider from legal prospective that can help with this long term planning

  • A simple will or gift from grandparents/relatives without more planning might be problematic. For example, leaving a cash amount through a will to a dependent adult might disqualify the dependent from receiving governmental care. Even simple trusts, could end up costing their loved ones even more than the value of the gift if needed government assistance benefits are denied.
  • Grandparents, parents, and other friends and relatives that want to help an autistic beneficiary should look into the appropriateness of a Special Needs Trust. A Special Needs Trust is a more complicated estate planning instrument, but does a better job passing gifts to the ones you want without causing them additional headache.
  • Charitable donations to these causes can have tax benefits for those gifting

Want to get involved with the desert area events and organizations? Here is a partial list of local organizations related to helping those with Autism.

Healing Horses, Therapeutic Riding Center of Coachella Valley
Coachella Valley’s chapter of the Autism Society of America (760) 772-1000 for more information.

Both routinely have events to foster local family support.

UPDATE:  THE SECOND ANNUAL AUTISM WALK AT CIVIC CENTER PARK PARK WILL BE APRIL 25, 2009.
 

With Wall Street and the stock market in turmoil, what is the average person supposed to think of investing?

I asked Michael McGreevy (see photo at right), Managing Director of the Indian Wells office of Private Asset Management, and past president of the Desert Estate Planning Council to do a Q&A with me to get some clarity as to what is going on with the markets, and whether there are things the average investor can be looking for, or doing right now, to strengthen their investments.

As a background, Private Asset Management produces an in-depth yearly Outlook. It was after reading the latest edition that I was inspired to do this Q&A with Mike.

DB: Mike, I really enjoyed reading over the 2009 Outlook report, especially when it starts out with the following strong paragraph:

“The Global Economy and Markets in 2008 were truly one for the record books. While conducting our due diligence for our 2009 Outlook and Sector Strategy Report, we took a look back at the events over the last year and were truly amazed. Events that were statistically impossible, became possible, and, even more, they became the norm. This has resulted in many shell-shocked investment professionals and investors. The standard playbook of looking to history as a guide is no longer valid, because events that are occurring have never occurred. That being said we find solace in our unshaken belief in the American entrepreneur and the ability of our economy to face challenging times and emerge stronger.”

While I feel I have a pretty good handle on financial terminology, I still found myself learning more about financial concepts, like those I hear about on CNBC or read in other investment articles, when I was reading over your firm’s report.

One of the concepts or themes I found throughout the report was the reference of 2009 as a “transitional year.”

Can you tell me a little more about what this means?

MM: We contend that 2009 will be a “transitional year” because we believe that the economy will be working away from contraction and toward expansion.

DB: When I think of transitional, I think of change, yet some people think the best move is to just freeze up and not do anything until the economy improves. What are your thoughts?

MM: Doing nothing is, in our opinion, the wrong approach to the problems we are facing. We would argue that investors should be aware of the opportunity to selectively invest in a variety of assets while current valuations are significantly below that of historical valuations. Our examination of current and historical valuations leads us to conclude there are some extraordinary investment opportunities available at this particular moment in time.  

We can, of course, argue all day long about whether the market has hit bottom. However, if you will put that argument aside for the moment, we can make a strong case for investing at a time when great values abound. We believe that these investments will produce strong returns as the economy and the markets recover.

Speaking specifically about equities for the moment, as the economy recovers some stocks will improve more rapidly and to a greater degree than others. That means that some stocks and some sectors of our economy are a better bargain than others.

Our job as an investment advisor requires that we study the global economy with an emphasis on understanding emerging economic trends. Once emerging economic trends have been identified investment dollars are allocated accordingly.

If emerging economic trends are likely to have a negative impact on an industrial sector we would underweight when investing in that sector. If emerging economic trends are likely to have a positive impact on an industrial sector we would overweight when investing in that sector. And in the case where emerging economic trends are likely to have no impact on an industrial sector we would have a weighting that is roughly equal to that of the S&P 500 in that sector.

Use of an analogy from the game of hockey will help me explain what I mean. Just as a hockey player must always skate to a place on the ice where he thinks the puck will be, we as investors are always striving to invest in a way that allows us to benefit from emerging economic trends.

DB: That makes me think, can people always tell exactly what is going on from the financial statements they receive from their investment advisor/broker? 

MM: That’s a very good question. Some statements that come across our desk for review are very difficult to read. Many appear to be designed to confuse rather than inform.

At this point it may be helpful to state that Private Asset Management believes in transparency. Our clients own publicly traded individual equity and bond securities. We do not produce or sell any proprietary products. As such, we have no motivation to invest in anything other than securities that we believe are a good value.

When you get a statement from us, it is very easy to read and understand. Some accounts that we manage hold Exchange Traded Funds. These are usually purchased for reasons pertaining to diversification. However, as a rule, we would agree with advisors contending that if an investment cannot be understood it should be avoided.

DB: You mentioned transparency, management fees, etc. Could you describe the various ways that financial advisors may charge fees.

MM: Although you may feel uncomfortable doing so, the most important question that you can ask of an investment professional is “How are you compensated?”

If, when asked this question, your advisor starts tap dancing like Fred Astaire, you should be concerned. Many of the products that investment companies sell are loaded with hidden fees. Some companies make money when trading for your account. That can lead to the ‘churning’ of your portfolio.

Our firm earns a fee for management. That fee is based upon the value of the portfolio. As such, our interests are in alignment with that of our clients. Our revenue increases as our client’s portfolio increases in value.

If you are an investor and you are doing all your own research you may be emotionally involved in you decisions. This can lead to mistakes. Or, if your research is not as thorough and conclusive as the research performed by Private Asset Management, you could be making bad investment decisions.

 Private Asset Management was founded in 1992. Our performance record dates back to January of 1993. We are very proud of that record and, as such, your readers are most welcome to contact me for a performance review.

DB: Mike thanks for your time and I appreciate your candor on this timely topic. 

This is the general Disclaimer that is posted at the link for the report mentioned in this BlogDisclaimer: The material presented is of a general nature and not constitute the provision of investment or economic advice to any person, or a recommendation to buy or sell any security or adopt any investment strategy. Opinions and forecasts expressed herein are subject to change without notice. Relevant information was obtained from sources deemed reliable. Such information is not guaranteed as to its accuracy. You should seek the advice of an investment professional to tailor a financial plan to your particular needs.

Estate Planning is Not Just for the Over 50 Crowd

There are moments in life when you become keenly aware of how fragile life is. 
 
Just this week, the story about Natasha Richardson unexpected death from a seemingly minor accident reminded everyone of that.  A mom full of life, energy, and utter vitality with a wonderful family.   No one would expect her having an accident like this.

Yet life seems to hit us with unexpected surprises....While living in LA, I was made aware of this anytime I was stuck in traffic because of a big accident on a freeway. When I saw ambulances rush to the scene I would wonder about the victims and how a tragedy would affect their families, and of course immediately think about what if that was me.  How would my family even find out I was in an accident, would I still be alive when they found out, what if I became paralyzed or incapacitated.

In the past year, I was at the gym one Friday evening, when a young man had just got off an elliptical machine, about two machines over from mine, and then to my shock he started to go down slowly, and seemed to me to be suffering some sort of seizure. After noticing that he seemed to be in a safe spot,  I ran to the front desk to get help, after the staff went to aid the person--I called 911. The paramedics came and he went to the hospital that night.  And to think he was probably between 25 and 35.

After experiencing these type of events, I would think of my loved ones and call them immediately to ensure that they are OK. Or just to say I love them.  Once I became a dad, the desire to protect my daughter, to ensure she would be OK if anything were to happen to me grew exponentially.  

Questions as to what would happen if my wife and I were in an accident at the same time, came to me more than once.  And answers that I found, as to what would happen if there was no legal planning in place, were shocking to me....Most families with young kids have not done any legal planning to prevent disaster if the unexpected occurs.  And for those few who did a will or a living trust, didn't address issues of guardianship particularly important for minor children.   
 
As parents, my wife and I wanted to bring those issues up with local parents and are very pleased about our first workshop taking place on Sunday March 29th at My Gym, Palm Desert.

The Binkley family:  myself, Bella, Ana  (Photo taken at My Gym)

For the Love of Animals: Animal Samaritans Upcoming Event

My daughter, Isabella recently started to teach our dog Boots (both pictured below)
everything she learns at her preschool: counting, days of the week, and even the pronunciation of letters from the alphabet.  She sits him down, tells him stories and sometimes even asks him if he likes a particular song. It is amusing to watch the two of them together and the bond that grows between them stronger everyday. It doesn't matter that our dog falls asleep half-way through her stories or that he walks over her toys -- he is there with her and always ready to play.  

When I write my blogs from home, Boots will sit up in my lap. He approves of everything I say, naturally, which is why I think he is incredibly smart....

I know that many pet lovers can attest to the fact that their pets improve their well being, significantly reduce their stress, and provide companionship.

If you're an animal lover you might be interested in the upcoming Animal Samaritans "Walk with the Animals" taking place on Saturday, March 21st from 9 am-12 pm. The money raised will help care for their homeless shelter and animals and fund the humane education program. There will be plenty fun activities for kids, pet costume contest and dog tricks.  Note registration begins at 8 am.

In a previous blog post I mentioned some of the benefits of pet planning, pet trusts and charitable gifting options. There have been changes in California law regarding pet trusts, so more blog posts dedicated to pet trusts and pet planning coming up soon....stay tuned. Have a question or comment about a pet trust, charitable giving option feel free to contact me or any charity organization directly.

Congratulations to this Year's Children's Champions: Richard & Janice Oliphant

Estate planning is generally considered to be putting in place a system of instructions to transfer your property upon your death--which it is, to a large extent.  However, estate planning can be so much more than that. 

It can also be about transferring values to your loved ones and/or transferring some of your property to charities so your life brings about positive changes for the community-at-large. 

However, there are some people that give back to the community on a continual basis through the support of good causes. 

On March 7, my wife and I attended a celebration in the honor of Dick and Jan Oliphant who received the Children's Discovery Museum of the Desert's Children's Champions award for their support of the Museum and other philanthropic activities in our Coachella Valley. The event was also a fundraiser for the museum.

The gracious and elegant couple is pictured below. 

Jan and Dick holding their awards.

Sunny with museum volunteers.

Sunny with Betty Barker (Chairperson of the CDMOD Board of Trustees). 

Photos courtesy of Daryl L. Binkley, Esq.