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 The standard playbook of looking to history as a guide is no longer valid, because events that are occurring have never occurred.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.

What Lessons can be Learned from the current Hearst Legal Battles

As I was reading the latest news about the ongoing legal battles over the control of Phoebe Hearst Cooke's assets (estimated between $1.5 and $2 billion), I couldn't help but think that in so many ways her story, even though larger in scale and scope, might be the story of many families dealing with an aging parent.   Worries about whether there is elder abuse by a caregiver, or how assets and money are being managed, and if an outsider might easily take advantage or control of the elder person's assets--should be on the mind of many families, especially here in the desert with a population that tends to skew to the older age group. 

To briefly summarize recent events, as reported in a Los Angeles Times article--Phoebe Hearst Cooke, the granddaughter of publishing legend William Randolph Hearst, is at the center of legal actions filed by relatives who contend the 81-year-old no longer has the capacity to manage her own affairs.  Currently, the only daughter of the heiress--Phoebe "Misty" Lipari, 56--is one of the relatives seeking conservatorship for her mother.

Here are some of my thoughts and lessons on what can be learned from this case:  

  • Include in your estate planning documents how a trustee is to be judged mentally competent.
  • And there should be documents in place that specify to what affairs may an agent act--for example you may want to have different agents that act for health care issues from the agents that act for financial matters.
  • In the case of a trust situation--there should be successor trustees that are nominated and can act in the case of incapacity by an elderly trust-maker.
  • Put in place asset protection strategies--to protect beneficiaries at the time of the distribution of assets (such as in the case of a lawsuit or divorce).
  • If charitable giving is part of your legacy, create endowment fund(s) for specific charities, with specific dollar amounts including your hopes and desires of how those funds are to be spent. For example, if a specific non-profit institution doesn't exist in 10 years, would you like those funds to be distributed to another charity with the same goal?
  • Finally, a great idea for an elderly person, and maybe close family members, is to create a personal inventory of the things in their home, ideally through a trusted personal property appraiser. This step is an important one as it can serve as proof of important family heirlooms, antiques or paintings--especially if they are stolen or missing when elder abuse is suspected. Personal property appraisers can document and photograph the items--and assess potential value.  This way the family has some protection in place, and will know for sure if items are missing after the death of a relative--or during the incapacity.