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Archive for Estate Planning

The Family Dollar: Should you bank on it?

by W. Ben Utley, CFP®
22 Feb

In the ordinary course of our lives, most people in the upper half of the socio-economic spectrum will have an opportunity to touch a chunk of six figure, or seven figure, money. Whether it’s a big tort settlement or a small lottery winning, I’ve seen beau coup families receive “sudden wealth.” And it usually comes only once in a lifetime.

Even though you don’t play the lottery, and you’d never dream of suing someone, as a physician family, you too will likely see a large windfall in your lifetime. I’m talking about your inheritance.

After all, it takes a great deal of financial strength to put a kid through med school, and some of the physicians I’ve met have parents who themselves were doctors, or operated businesses and managed to accrue significant sums over the course of their lives.

Of course, nobody wants to talk about their inheritance. After all, your parents must die before you receive the bulk of it, and given the taboos surrounding both death and money, the subject is often too gruesome to tackle.

But quietly – even secretly – I’ve heard a few 40-something physician families admit that they’re counting on “their” inheritance, as if it were a sure thing.

So you have to ask yourself, is it a good idea to bank on the family dollar? Most physicians don’t dwell on the topic, so here are some thoughts for you to consider as you begin to ponder the idea:

  • The money may never come. Sure, everyone’s going to die some day, including your parents. But not everyone dies with the same financial grace that befits kings and queens. In the last two estates I’ve helped clients settle, at least one child was intentionally or accidentally disinherited, receiving a tiny fraction of what was expected.
  • It may be less than what you expected. While estate taxes consume a smaller portion of estates than they did in the past, they may still take a sizeable bite none the less. And lets not forget income taxes. If you inherit an IRA, you’re inheriting a tax liability, too. If the estate is contested, it may be tied up in the legal system for a while, where the attorney’s fees take a toll.
  • There’s usually a “catch.” Most physicians seem to hail from larger families, which means brothers and sisters will be splitting the estate equally at best, or inequitably at worst. It is common for estate settlement proceedings to roil family ties, and the strife can last for years.

And after reading this, you might be saying to yourself, “I’m an only child, and I know there’s a big pile of money there and my parents love me dearly and have promised to leave their hard-earned money to me.” So let’s run with that thought for a moment.

In theory, this is a slam dunk. In fact, you might expect someone in this situation to feel fortunate that – some day – they would receive an inheritance and “have enough not to have to worry about money any more” (as I’ve heard it said often in my office).

But in practical fact, observed in real time, an expected inheritance has an insidious effect on the way people handle money on a day-to-day basis. Knowing that “some day” they’ll have enough, people (even hard working people like physicians) tend to spend more than they should, and save less than they would otherwise. It’s almost like they’re discounting or pre-spending their inheritance. And it seldom ends well.

In cases where I’ve actually gone so far as to include an inheritance in a client’s written financial plan, the inherited money seldom if ever solves the problem of having to save diligently and prepare for the future. And in actual practice, inheritance proceeds are often only enough to allow a smart saver to retire earlier than expected (sometimes as many as five years earlier).

So here’s the bottom line: Don’t let your thoughts about other people’s money in the future impair your actions with your family’s money today.

Categories : Estate Planning

How “simple” is estate planning for the physician family?

by W. Ben Utley, CFP®
16 Oct

When you hear the words “estate planning,” what pops into your head?

I’ll bet the thought is “attorney.” But the next thing is probably “will” or “trust” or “power of attorney” Estate planning definitely involves paperwork, but there’s more to the equation.

There’s also process and people. Since I’m not an attorney, please indulge me while I leave the process to the lawyers and focus on the people-prone aspects of this arcane art

The Givers And The Getters

The Givers are exactly the people you might imagine them to be: you, and your spouse or significant other. As a Giver, you’re  probably concerned about “your stuff” and the taxation of your stuff. Givers often think about how their stuff will be used, whether someone will take care of their stuff, and how long their stuff might last.

The Getters have a completely different perspective. For the most part, Getters are not at all concerned about your stuff. They’re concerned with two questions.

  1. How much? and
  2. When?

The Getters are not thinking about your imminent death. No. They’re thinking about their imminent life; the life they could have if only they had your stuff.

Hearing this for the first time, most Givers say something like, “No, my kids aren’t thinking about my stuff” or maybe they’ll say, “Fine. They can have my stuff to do with as they please. I’ll be dead anyway. I just want to make sure everything is divvied up fairly and be done with it.”

Not so fast, Mr. and Mrs. Giver.

As a family financial advisor, I’ve worked with your kids, and I know the real story. Believe me: the Getters are definitely thinking about your stuff. But someone else has their eyes on your prize, too.

The Gawkers

Gawkers are the spouses, the wanna-be-advisors, and the hangers-onto your beloved Getters. They’re watching the whole estate planning parade, and they have their own perspective when it comes to enjoying your stuff.

The Gawkers may never be part of your carefully scripted family meeting about how you plan to pass your stuff on to the next generation, but their voices will no doubt be heard by the Getters. Ignore the Gawkers and your estate plan may well be demolished. Here’s an example.

A “Simple” Estate Plan: The Kids Get Everything

Doctor Giver and Mrs. Giver are an upright and well mannered 60-something couple who have been married for 45 years. Their two daughters April and May were born a little more than one year apart. Now in their early 40′s, April and May have taken substantially different paths in life.

April was born with the gift of wisdom. In every endeavor, she excels. With great grades and a stellar smile, she won admission to Stanford where she majored in biology, led the varsity cheerleading squad, and graduated cum laude. She met a winner of a guy, Ted, who supported her while she worked her way through med school at Harvard. Now a vascular surgeon in private practice, she and her husband have a son who is the center of their universe.

May is not so gifted. She was one of the popular kids in school but she always managed to eke out low grades. She has attended junior college off and on, but never managed to truly “matriculate.” When she’s not working at the tattoo parlor, she’s busy caring for the three children her boyfriend Sprout has “fathered.” Sprout and May are always dreaming of a new life together, and their latest fantasy is to own and operate an organic tomato farm. All they need now is some seed money.

The Givers have an ultra-simple estate: a big house, a big brokerage account, and a big desire to make sure they do the right thing. But that’s where the simple life ends and the real challenge begins.

Before they consulted an estate planning attorney (oops!) the Givers held a family meeting with April and May. Together, they agreed that the Getter’s home will be left to Doctors Without Borders (Dr. Getter’s favorite charity) and the tres grande brokerage account would be split 50/50 between April and May.

Simple enough, right?

The Gawkers Weigh In

When she arrives back at their pad, May shares the plan with Sprout, who goes ballistic. “Your sister is so rich, I can’t believe your old man would give her so much! Doesn’t he get it? We have THREE kids and your sister only has one. Man, we could really use ALL that money to start the Big Sprout Tomato Farm.”

Over a candlelight dinner at a local bistro, April shares the news with her beau. Trying to keep his cool, Ted quips, “What has May ever done to deserve that kind of wealth?” He furrows his brow, continuing, “Don’t your parents get it? Your sister will just waste the money. I’ll bet Sprout will squander it on another of his get-rich-quick schemes. You know April, you’ve worked hard and sacrificed all your life. It just seems like your parents would want to reward your achievements.”

April and May will no doubt hear more from the Gawkers as time goes by, and the messages will no doubt become part of their view of your stuff. They’ll carry the Gawker messages in the back of their minds for years to come. And when the final Giver passes away, the Getters may split the estate amicably but there’s a equal chance that an intra-family legal battle will ensue.

And so it goes.

If estate planning were simple and straightforward, you would not need an estate planning attorney.

But estate planning is rarely simple. If you’re concerned about more than your imminent death and your stuff, which is to say that you’re concerned with how your family will function long after you’ve left the planet, think about the people first, but don’t think about it all by yourself.

Before you begin to talk to your children about your estate, select a wise and well-seasoned estate planning team – attorney, financial advisor and tax specialist – to analyze the problem and give you an independent, balanced assessment of the situation.

Your family is well worth the effort.

Categories : Advisors, Estate Planning

W. Ben Utley, CFP® Listed Among “Top Financial Professionals” in J.K. Lasser’s “New Rules For Estate & Tax Planning”

by W. Ben Utley, CFP®
24 Apr

When it comes to your estate, no matter how big or small it may be,you shouldn’t leave anything to chance. Proper financial planning can protect both your assets and your heirs. Covering wills, trusts, powers of attorney and even asset protection, J.K. Lasser’s latest release is a must-read for those who take their estate planning seriously. Certified Financial Planner™ W. Ben Utley is listed among only five “top financial professionals” in the state of Oregon for estate planning (p. 273). Book by Harold Apolinsky & Stewart Welch (Wiley)

Categories : Advisors, Estate Planning, Honors, Media

Bankruptcy Abuse Prevention Act: What does it mean to physicians?

by W. Ben Utley, CFP®
21 Apr

President Bush signed the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 into law Wednesday. It was the most comprehensive renovation in the code’s 27 year history, and can be expected to profoundly impact the 1.3 million Americans who file bankruptcy each year.

While a successful tort claim (malpractice suit) may not force a doctor into bankruptcy, it may cause him/her to lose malpractice coverage and, ultimately, the ability to earn an income. Without an income, loans and other off-balance-sheet obligations may result in bankruptcy.

So what does the new law mean to physicians?

  • It specifically exempts most tax-exempt retirement plans from bankruptcy (meaning you get to keep them). Examples of exempt assets include 401k’s, 403b’s (the hospital doctor’s version of a 401k), 457 plans (for federally-employed doctors), SEP-IRA’s and SIMPLE-IRA’s without limitation. It also affirms the exemption for IRA’s but limits the exemption to $1 million. Doctors who plan to roll their 401k balances into an IRA should keep a good paper trail to prove the money’s source and preserve the exemption. Doctor who don’t already have a “cross-tested plan” (the one that lets you put away about $40K per year), really ought to check into one.
  • It also puts a cap on the “homestead exemption” or the amount of home equity a debtor may keep after bankruptcy. For Oregon doctors, this is not a big change, since Oregon’s paltry $33,000 homestead exemption is WAY lower than the $125,000 cap stipulated in the new law. Oregon physicians who now own homes in states with high limits or no limit on exempt equity (including Kansas, Florida, Iowa, South Dakota and Texas) will be affected by the law change. Practitioners in high risk specialties might want to investigate the purchase of a second residence in a state other than Oregon as a means to protect assets. While this is still a decent strategy, the new law makes it more cumbersome, and requires a greater amount of diligence in the planning process.
  • The new law uses “means testing” to determine whether the bankruptcy will be Chapter 7 or Chapter 13. Chapter 7 wipes most debts clean while Chapter 13 is a “reorganization” that causes debtors to repay their debts. Due to their high earning capacity, most physicians will be forced into Chapter 13, meaning they may be forced to repay a big chunk of their debts. Ouch!

If you want to protect your assets, do your planning early. Once you’re being sued, it’s too late.

Categories : Estate Planning, Self Defense

The Seris LLC helps doctors C.O.P.E. with liability

by W. Ben Utley, CFP®
10 Apr

For years, LLC’s (limited liability companies) and other charging order protective entities (COPE’s) have served as an asset protective device for doctors. Most commonly, a group of physicians will establish a COPE to hold the practice group, one to hold the medical office building, and one or more to hold expensive equipment that might otherwise be “rich targets” for would-be tort claimants. While this has been an effective asset protection strategy, it gives rise to multiple business entities which can be complex and costly to administrate.

The Delaware LLC Act yields a COPE called the “Series LLC.” Within one entity (the Series LLC) are a number of ”series” that can hold assets (like equipment) or entire segments of a business. Think of each series as a “virtual bucket” to hold title to property and be solely liable for it’s own liabilities, including successful future tort claims.

How might a Series LLC be used by doctors?

  • a urology practice might establish a Series LLC and put a lithotripsy machine in one bucket and a CT scanner in another
  • two gastroenterology groups might want to use a Series LLC to aggregate their businesses for the sake of negotiating insurance reimbursements but keep their assets, liabilities and cash flows in separate buckets for other purposes
  • a physician-turned-real-estate-mogul might want to store each of his rental properties in a separate bucket under the LLC to shield one property from potential liabilities of the others

As I consider practical implications of the Series LLC, I can’t help but think about the “control group” aspects that might be an issue for employer-sponsored retirement programs (aka “your 401k) and all the numerous tax and medicolegal implications of such arrangements. If you think a Series LLC might be right for your practice, it goes without saying that you should consult your CPA, your attorneys and your pension consultant.

Categories : Estate Planning, Self Defense

Use Asset Protection Strategies to Shield Your Wealth | Physician’s Personal Advisory features W. Ben Utley, CFP®

by W. Ben Utley, CFP®
01 Nov

Columnist Louis Pilla writes about how the fever pitch of malpractice claims have many doctors breaking out in a cold sweat. While exotic strategies abound, W. Ben Utley, CFP® explains a few of the more traditional asset protection remedies.

Categories : Estate Planning, Media

Some of the Best Ways to Reduce the Size of Your Estate | E*Trade Radio features W. Ben Utley, CFP®

by W. Ben Utley, CFP®
08 Aug

“It’s Your Money” with radio host Chris Chan aired in Chicago, New York and San Francisco.

Categories : Estate Planning, Media

Living Trusts: What are they and why use them? | E*Trade Radio features W. Ben Utley, CFP®

by W. Ben Utley, CFP®
08 Mar

“It’s Your Money” with radio host Chris Chan aired in Chicago, New York and San Francisco.

Categories : Estate Planning, Media

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