Planning Vs. Reacting and Top Ten Estate Planning Mistakes

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Planning Vs. Reacting

A Proactive Approach to Challenging Economic Conditions

Top 10 Estate Planning Mistakes

November 15, 2011

7 Hotel Street

Warrenton, VA 20186 www.handfordfinancial.com

Macro Economic Strife

Board of Certified Financial Planners

Investments

Risk

Management

Estate

Tax Efficiency Retirement

A Clear Path

Choices, Wrong Turns, Indecision

Healthy Habits

Unhealthy Habits

Board of Certified Financial Planners

Investments

Risk

Management

Estate

Tax Efficiency Retirement

Emotional v. Rational

A Solid Plan

Planning Vs. Reacting

A Proactive Approach to Challenging Economic

Conditions

Name That Feeling

The Emotional Reality

• You are not alone.

– Fear and anxiety have become commonplace as the market continues to experience periods of fluctuation.

– The reality is that your investments have likely declined along with the overall market performance.

• An emotional response is a natural response.

– We’re humans, not machines! Emotions will always play a role in how we deal with challenging situations.

– But how can we acknowledge our emotions and still manage our finances?

• Take some time to verbalize how you feel.

– Sometimes simply stating how you feel or writing it down can help release the tension.

– Once you’ve respected the emotion, you may be able to focus on action.

666

S&P 500

1565 October 9, 2007

666 March 6, 2009 (57.44%)

1250 November 8, 2011 87%

What’s the Secret to Worrying Less?

• No magic bullet

• Empowerment through action

• The benefits of financial planning

– Results of a recent study* by the Financial

Planning Association and a leading financial institution

Study Statistics Worth Noting

• 50% of the planning participants feel that they are in control of their financial future.

• 9 out of 10 planning participants (88%) feel that they have clear financial direction, which is about 50% higher than those who don’t have professional support.

Study Statistics Worth Noting continued

• Planning participants are 50% more likely to say their goals and dreams are financially secure.

• 42% of planning participants feel extremely or very prepared for retirement (vs. 16% of those without an advisor).

What’s Most Important to You?

• One benefit of planning is that it gets you thinking about what is really most important to you.

• Your concerns over your finances are likely more specific than

“I want more money.”

– What is the “why?” behind your goals?

• What is meaningful to you may not always be quantified in dollars and cents.

Important, Intangible Goals

• We already mentioned that some of the items that are important to you are going to be less tangible, like:

– Family

– Community service

– Leaving a legacy

• These intangible items can be reframed in terms of quantifiable financial planning goals, like:

– Protecting your family by having adequate insurance

– Leaving behind a legacy with a properly structured estate plan

– Giving back to your community with a charitable trust

A Methodical Approach to What-If

Worries

• It’s normal to question how things would look for you if different variables changed.

– How will adjusting certain goals for time and cost impact your ability to attain them?

– What if you were to save more and spend less?

– What if you had to save less?

– What if your investments declined more or less over time?

• A Monte Carlo simulation can provide perspective

– Takes into account the bad years (kind of like what we’re seeing now) and shuffles the cards in order to convey a realistic expectation of what could happen based on different scenarios.

A Written Financial Plan

• Road map to your goals

• Includes probability of reaching goals based on testing

• Living, breathing document

– A good plan is updated regularly—typically annually—to ensure that it still matches your current situation and accounts for any changes.

– A financial professional monitors the plan and keeps you on track with your goals.

– Just like no two clients are alike, no two plans are alike!

The Planning Process

You Don’t Have to Go It Alone

• Taking control does not mean you have to uncover all of the solutions on your own.

• A financial professional can assist you with:

– Goal definition

– A written financial plan

– Financial planning for

• Estate plan coordination

• Retirement income planning

• Charitable giving

• Risk management

• And . . . everything else!

• Proactive planning = Less anxiety

Top 10 Estate Planning Mistakes

We Hear About Celebrities’

Problems . . .

Name

W.C. Fields

Humphrey Bogart

Clark Gable

Walt Disney

William Boeing

Estates of Famous People

Estates that made use of the marital deduction

Gross Estate Settlement Cost Net Estate % Shrinkage

$884,680

$910,146

$329,793

$274,234

$2,806,526 $1,101,038

$23,004,851 $6,811,943

$22,386,158 $10,589,748

$554,887

$635,912

37%

30%

$1,705,488 30%

$16,192,908 30%

$11,796,410 47%

Name

Marilyn Monroe

Estates where the marital deduction was not used or unavailable

Gross Estate Settlement Cost Net Estate % Shrinkage

$819,176 $448,750 $370,426 55%

Elvis Presley

J.P. Morgan

Alwin C. Ernst, CPA

$10,165,434 $7,374,635

$17,121,482 $11,893,691

$12,642,431 $7,124,112

Frederick Vanderbuilt $76,838,530 $42,846,112

$2,790,799

$5,227,791

$5,518,319

73%

69%

56%

$33,992,418 56%

Source: Public Probate Records. Under current laws the costs would be different.

Could That Happen to Us?

1. Failure to Plan

• State intestacy laws determine whom will inherit what.

1. Failure to Plan continued

Other considerations:

• Court-appointed guardians and executors

• Additional expense and time required to distribute property

• Missed opportunity to minimize taxes

• State may become beneficiary

2. Failure to Implement

• Misconception: once documents are executed, process is done

• Reviewing and re-titling assets and reviewing beneficiary designations

• No implementation may result in ineffective plan (see #1)

3. Failure to Update

Triggering life events:

• Marriage

• Divorce

• Birth

• Death

3. Failure to Update continued

Other triggers:

• Change in law

• Change in asset value

• Change in goals

4. Failure to Review Beneficiary

Designations

• Easiest way to derail a plan

• Perform an audit:

– Life insurance

– Retirement accounts

– Nonqualified annuities

– Transfer-on-death accounts

– Trusts

– Wills

– Special needs

5. Failure to Understand the Plan

• Allocation of assets between spouses

– Portability provision

• Structure of policies and titling of assets

– Joint tenancy with right of survivorship

– Community property vs. separate property

– Contractual agreements

6. Failure to Make Lifetime Gifts

• Leveraging gift tax exemptions: a simple and cost-effective way to reduce estate value

• Irrevocable life insurance trusts (ILITs)

• 529 plans

7. Choosing the Wrong Fiduciary

• Inexperienced, unqualified, or self-serving

• The “bad guy”

• Family conflict

8. A Plan That’s Too Simple

• All-to-spouse or joint ownership arrangements

• Unintended beneficiaries

• Lack of efficiency

• Effort to save hundreds costs thousands

9. A Plan That’s Too Complex

• What are the goals?

– Asset protection

– Liquidity

– Efficiency

– Control

• GRAT, CLAT, FLP, CRUT . . .

• Administrative duties

10. A Plan with No Flexibility

• Must be able to change in light of circumstances

• What does irrevocable mean?

• Trustee discretion

Planning Vs. Reacting

A Proactive Approach to Challenging Economic Conditions

Top 10 Estate Planning Mistakes

November 15, 2011

7 Hotel Street

Warrenton, VA 20186 www.handfordfinancial.com

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