Ep 32: Are You Flirting WIth Financial Disaster?

On This Episode

Let’s talk about some of the areas of your financial life where you might be flirtin’ with disaster and don’t even know it.

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Disclaimer:

PFG Private Wealth Management, LLC is an SEC Registered Investment Advisor. Information presented is for educational purposes only and does not intend to make an offer or solicitation for the sale or purchase of any specific securities, investments, or investment strategies. The topics and information discussed during this podcast are not intended to provide tax or legal advice. Investments involve risk, and unless otherwise stated, are not guaranteed. Be sure to first consult with a qualified financial advisor and/or tax professional before implementing any strategy discussed on this podcast. Past performance is not indicative of future performance. Insurance products and services are offered and sold through individually licensed and appointed insurance agents.

Here is a transcript of today’s episode:

 

Marc Killian: Hey everybody. Welcome into this week’s edition of Retirement Planning Redefined podcast. We appreciate your time, hanging out with John and Nick and myself as we’re talking, investing, finance and retirement. And of course you could check them out online if you’ve got some questions or need to follow up or have a chat about your own situation, get your retirement planning redefined at pfgprivatewealth.com. That’s pfgprivatewealth.com. Don’t forget to subscribe to the podcast while you’re there. A lot of good tools, tips and resources to be found.


Marc Killian: And on this go-around, we’re going to talk about flirting with disaster. As Floridians, there’s certainly always the case where we have some disastrous situations can come up from time to time, but we’re going to talk about these from a financial standpoint and some areas in our financial life where we could do this and not even realize it. First off, let’s say hey to the guys. What’s going on, Nick? How are you?


Nick McDevitt: Doing well. Doing well. How about yourself?


Marc Killian: Doing pretty good hanging in there. Looking forward to today’s topic. Got some good, easy fixes I think for a few of these things, as well as some that are maybe a little more complicated. We’ll dive into that. Let you guys share. But John, how are you?


John Teixeira: Doing good. Doing good. Nick and I are actually in the process of planning a golf tournament for a couple of charities here locally with… the group we’re in is, again, 13 Ugly Men Foundation. And we’re partnering up with Bern’s Steakhouse to do a golf event at TPC Tampa Bay. So, we’re excited about that coming up.


Marc Killian: Very Nice. Yeah. Keep us posted on that. We’ll definitely like to learn more as we get closer to there. Well, hopefully, you guys won’t have any disastrous situations come tourney time, but let’s talk about them today. I got about five here, guys, I want you to just break down for us. And, like I said, some of these are kind of easy fixes, so let’s start there. They can definitely cause a lot of havoc, but, again, they are easy fixes. So, out-of-date legal documents. Not the sexiest thing in the world, but a pretty easy thing to fix.


Nick McDevitt: This is something that is a common oversight, a common mistake that people make. Some of the instances that we see where the documents are out of date or just not going to accomplish the things that they’re hoping to accomplish. Our scenario’s somebody moved from out of state and the… many people don’t realize that from an estate planning standpoint, from a legal document standpoint, a lot of those documents are different from state to state. So, that’s an important thing to review if you are somebody that has recently moved. A few years back, there were updates in Florida to durable power of attorney rules. And so, that’s a reason to have a review.


Nick McDevitt: But just like anything else, it’s important to make sure that you have in inventory or you take an inventory of what you have. Something like this, people never… or oftentimes, people don’t realize how long it’s been since they have updated their documents. There could be children that are alive now that weren’t before, parents that were alive then that aren’t now, a previous marriage, et cetera, et cetera. So, making sure that those documents are updated and chatting with an attorney about that is a really important thing.


Marc Killian: Yeah. We tend to set it and forget it with a lot of those. What are some of the key ones we should think about, John?


John Teixeira: I would say one of the biggest ones is a second marriage. That’s where you really want to pay attention to who the beneficiaries are, who’s getting what. And there are certain rules in the state of Florida. And, of course, defer to the professionals and attorneys on that, where a spouse is entitled to a percentage of the assets. So, if you want to make sure that, if it’s a second marriage, you have kids in the first marriage and you don’t want to disinherit them, you want to make sure your documents are definitely up to date.


John Teixeira: Another one we’ve seen, and Nick mentioned it, people moving in from out of state. If you have assets in other states, it’s important to make sure that you kind of have some documents for that state where the other assets are. So, example, I’m from Massachusetts. My parents have a house up there, so they had to make sure that… they basically had a will for up there and down here.


Marc Killian: Yeah. I got you. Now, a lot of times, the misconceptions with wills are if you have a will, the saying goes, you will go through probate, whereas a trust allows you to maybe not do that. Is there some other main documents that we should have? I’m assuming the power of attorneys, correct?


Nick McDevitt: Yeah. Durable power of attorney, a will. Oftentimes, people will confuse a traditional will with a living will. And essentially end-of-life documents are important to have.


Marc Killian: Like a medical power of attorney obviously, right?


Nick McDevitt: Yep, exactly. So, there’s kind of that core package that most attorneys will review with you, help you recognize, “Hey, is this out of date? Is this still applicable?” And we always recommend, obviously with any sort of legal topic, that you’re communicating with either an attorney that you have and are familiar with or we obviously have a few attorneys that we work with that we send clients to that we know and trust and will help make sure that they get through the process.


Marc Killian: But it’s often not as costly as we think it’s going to be too, to get these things handled. And once you get them in place, again, out of date, if you’re just making some adjustments, usually can be done through a phone call. So, kind of an easy fix, right?


Nick McDevitt: Yeah. We’ve definitely seen, especially over the last year, many, many companies, including law offices, have put their tech into hyper drive to make [crosstalk 00:05:18] easier for clients. So, yes, sometimes mentally things will feel overwhelming and that will slow us down from doing it. And this is one of those things that doesn’t need to be super difficult and can be done pretty easily.


John Teixeira: Yeah. And we actually have something we give to clients, it’s kind of a wills point checklist. It’s like 24 questions to consider, almost like a prep before you go see an attorney so you feel like, “All right, I’m a little bit prepared for this.” So, if anyone does want that, they’re more than welcome to shoot us an email or call the office and just mention that and we can get it to them.


Marc Killian: Yeah. Again, folks, stop by the website, pfgprivatewealth.com. Drop them an email. John or Nick @pfgprivatewealth.com is where you can email them. Yeah. That’s a great point. So, thanks for bringing that up as well.


Marc Killian: And, John, you mentioned another marriage, for example. So, the BDs, the beneficiary designations, having those incorrect, another easy fix. And it’s not just… we tend to think of, I don’t know, one item or one type of account, but there’s multiple places where you’re going to have these beneficiary designations. And updating these is, again, a pretty easy thing to do.


Marc Killian: I had somebody teach me that there’s a couple of Ds to remember, to kind of trigger you to double-check these: if you get a divorce; if you have a death; or a disability; or at minimum, at least once a decade. That way, you get the four Ds, if you will, to maybe update these or take a look at them.


John Teixeira: Yeah. Those are all really good ones. Actually, kind of going back to the will stuff. So, if you do have beneficiaries on some of these accounts, it does bypass probate. So, if there’s a beneficiary on a life insurance or a retirement account, it doesn’t actually go through probate; it goes directly to that beneficiary. So, that’s always kind of good to know.


John Teixeira: But yeah, divorce, very important one to update. Can’t tell you how many times Nick and I have done some reviews with some clients that are new clients and it’s… we’ve seen on the 401(k)s especially because that’s kind of a set-it-forget-it type thing, where you have an ex-spouse on there. We’ve unfortunately seen some people with 401(k)s where they get auto-enrolled. They just never put a beneficiary on there just because [crosstalk 00:07:27] signed up, it’s auto-enrollment for the company. So, those are two important things to really take a look at.


John Teixeira: And we don’t see this too often, but we have seen some people just kind of just have a fallout with some beneficiaries, whether it’s a child, a niece, nephew, whatever it may be. And we’ve seen some changes from that where it’s, “Hey, to be frank, I just don’t like this person anymore.”


Marc Killian: I mean, it happens. It definitely happens. And so, we’re talking IRAs, life insurance policies, 401(k)s, things of that nature.


John Teixeira: Yep.


Marc Killian: Okay. All right. So, those are, again, pretty easy fixes for some of that stuff. And the havoc they can wreak… I imagine having somebody come in and the new spouse is saying, “Hey, I found out that the old spouse is still on this life insurance policy.” That’s not good. And that’s not an easy fix at that point, but it can be taken care of ahead of time pretty darn quickly.


Marc Killian: Let’s move to some more complicated one here, guys. You could be flirting with disaster, talking about the ticking tax time bomb. Obviously, that is going to continue to be a mainstay of conversation in retirement planning in general because it’s such an important part of it, how we’re being… if we’re being as tax-efficient as possible, I should say. But with the continued spending that we’re seeing as a nation, it seems like this is only going to become more and more of an issue.


Nick McDevitt: Yeah. So, one of the things that we try to… so, when we talk about a tax time bomb, what we’re typically referring to is when people only save into accounts that are tax-deferred, a.k.a. traditional 401(k), a.k.a. traditional IRA. And so, when they are in retirement, the thought process is like, “Hey, I’m going to have lower taxes. So, no matter what, this is going to be a better deal for me.”


Nick McDevitt: And the thing that we try to focus on with clients and with people in general is that there’s a lot of uncertainty on what we know is going to happen from a tax perspective. And so, our really emphasis is not necessarily to be right, as far as, “Hey, we know that X, Y and Z is going to happen”; it’s that you have options so that no matter what, you can adapt to what’s going on.


Nick McDevitt: And the tricky part about that is if you’re two to three years out from retirement, you’re at your highest earning income years, you don’t have any Roth money for example or any just regular investment account funds put away, we may continue to have you save into a pre-tax account. But then once you retire, we may look into trying to do some Roth conversions or make some adjustments or plan for kicking in a strategy when you do retire. So, it’s not like it’s necessarily the easiest thing to navigate. Your best bet is that, as soon as you can, start to save money into different places so that you not only are diversifying your investments, but you’re diversifying how you’re going to be taxed in retirement, is really a thing that we emphasize with clients.


Marc Killian: Yeah. And that’s a good point as well because this is not as easy as a fix, but it’s something you can get on pretty quickly simply by working with an advisor, having them review your scenario and your situation and saying, “Okay, how can we be more tax-efficient?” and looking for ways to do that. And I just saw the other day that they’re estimating about 40 trillion is what’s sitting out there in uncollected taxes on traditional IRAs or 401(k)s. The government’s kind of salivating over this estimated $40 trillion as people go through these retirement accounts and start to pull the money out or whatever the case is. So, certainly places where you could have those conversations and hopefully be more tax-efficient. So, again, if you need the help with that, make sure you’re talking to a qualified professional like John and Nick.


Marc Killian: What about flirting with disaster, guys, when it comes to just no plan at all for long-term care expenses? This one obviously is going to be even more complicated, but most people just ignore it. I know it’s a daunting subject sometimes for folks, but there’s things you can do.


John Teixeira: Yeah. So, you’re right on that. Most people do ignore it. And there are some options out there. They used to be much better. Unfortunately, they’ve kind of gotten just not as strong. 10 years ago, you could get a really good policy from a good provider. And nowadays, a lot of these providers have left the space in essence and they’re not offering it anymore.


John Teixeira: So, what we’ve kind of seen more is kind of, and Nick goes through this part in the class, some hybrid vehicles where it’s a life insurance and a long-term care policy kind of bundled up in one. We’ve had situations where, from a planning standpoint, maybe getting… it’s very hard to qualify for it so we’ve had to put in some buffers to self-insure. Again, not covering the whole cost of it, but just trying to help out in the event that something were to happen. It’s very important, just limited options out there currently, but it’s definitely worth exploring your situation to see what fits for you.


Marc Killian: Yeah. And I imagine you’re going to exacerbate that by not having the conversation. So, if the options are becoming a little bit more limited and you’re also not taking the time to discuss it, you could be putting yourself even further behind the proverbial eight ball. So, definitely have those conversations. Don’t just stick our head in the sand, especially when it comes to long-term care expenses, whether it’s the 2 out of every 3 people or 7 out of every 10. Whatever the case is, it’s happening more and more because we’re living longer. So, we therefore have to deal with those outcomes that come with it.


Marc Killian: One more here, guys, on some places we can flirt with disaster. And then we’ll probably wrap up with an email question that we got into the site as well. But that’s the classic 60/40 portfolio. First, just run it down for us, what that is for folks. And then why might you flirt with disaster on that?


Nick McDevitt: Sure. So, there’s a little bit of jargon in there, of course. We try to stay away from it as much as possible. But a 60/40 portfolio is what’s considered 60% stock, 40% fixed income or bonds. And it’s tricky because really, the way that people invested a short while ago was different than the way that people are investing now. And really, what also happens… so, for example, these last few years, as bond yields or returns from bonds have gone down, people have kind of flirted a little bit more with taking more risk on the stock side. And so, it’s really important to make sure that when you are evaluating your overall portfolio and looking at how much risk you’re willing to take, that you really understand how these different parts work and move together.


Nick McDevitt: So, really, what it boils down to is that it’s important for you to have a liquidation order. So, for example, what some people used to do is, “Hey, I’m going to have a 60/40 portfolio. I’m going to pull from my account every single month without any sort of strategic plan on how I’m going to pull that money out or where it’s pulling from.” And when we have corrections in the market or volatility in the market, where we’ll see people really suffer is let’s say they had a million-dollar portfolio. We get a big pullback. All of a sudden, your statement debt, two months ago said a million bucks, says 800,000 or 750,000 now. It can make you or prompt people to overreact to the market.


Nick McDevitt: And then once that overreaction happens, basically you’re locking up your losses. You’re selling at lows. Then you’re going to want to buy back at highs. And so, it’s really, really important to make sure that the portfolio and the allocation that you have lines up with truly how much risk you’re willing to take.


Marc Killian: Yeah. John, it seems as though the 40% in bonds… I mean, the bond market’s been just as volatile as of late for a while. So, that seems like maybe one of those rules of thumb that might be a bit antiquated, going with that standard 60/40. But again, everybody’s scenario is different, so, like a lot of things, I imagine that it might be fine for some and not for others.


John Teixeira: Yeah, of course. And, like we say, we really want to start with a plan for the client and dictate the investment options and strategy based on that plan. There are some other what we consider fixed income vehicles that can kind of substitute the bond market that we’ve been utilizing when necessary. And, again, works for some people; doesn’t work for others. But it’s good to know your options and how it works for you.


Marc Killian: Yeah. Versus trying to see-


Nick McDevitt: And just to your point there, Marc, too-


Marc Killian: Oh, go ahead.


Nick McDevitt: … as far as the bond side of things. In general, as interest rates go up, bond prices go down. And so, one of the ways that we have built around that, just for clients, for those people listening that are clients, are essentially creating bond ladders in their portfolios that aren’t as negatively impacted as rates do continue to go up. So, there are ways to work and to build around these things, but typically, especially people that are holding this money in their 401(k)s, those sorts of things, there may be significant limitations to how they can adjust to them there. And that’s where they can get in trouble.


Marc Killian: Yeah, no, great points. Exactly. I mean, that’s kind of the point of doing the podcast as well, is to share some of these things for not only existing clients, but obviously for potential clients that might be listening to the show and just hopefully offering some good nuggets of information along the way.


Marc Killian: And with that said, that’s going to kind of wrap up our flirting with disaster. Again, five areas where you can jump on these things and maybe get these corrected pretty easily. At least a couple of them, for sure. And the other ones, it’s worth having those conversations with an advisor, if you’re not working with one, on how to be as efficient as possible.


Marc Killian: With that said, let’s wrap up with an email question this week. Again, if you’d like to stop by the website, we certainly encourage you to do so at pfgprivatewealth.com. A lot of good tools, tips and resources there. While you’re there, you could subscribe to the podcast on Apple, Google, Spotify or whatever platform you use. You can also drop the guys a line as well at pfgprivatewealth.com.


Marc Killian: And here is an email from Andy who says, “How much of my portfolio, guys, is it okay to have invested in just one stock? I’m sitting on about 2 million, but almost half of it is with one company.”


Nick McDevitt: Well, that’s enough to have a panic attack. So, usually, if you’re asking if you have too much in one place, you do. But all kind of joking aside, where we typically see this sort of thing happen is in one of two situations.


Nick McDevitt: So, situation number one, was inherited from a parent. And maybe that parent worked for a company for many, many years or they invested in that company for a long period of time. And now, all of a sudden, that money has ballooned into a big amount. And due to a combination of tax rules and laws, plus sentimental value, all of a sudden, that holding makes up a significant portion of the underlying portfolio.


Nick McDevitt: And option number two is just somebody that has worked for a company for a long time, 30, 40 years. They’ve been buying the company stock for years and years and years. And maybe the stock has performed well and there’s this kind of emotional and financial attachment to it. And so, in this situation, oftentimes what we’ll do is we’ll show them a comparison of that stock to the S&P 500, for example. And oftentimes, the S&P 500 itself has performed similarly or even a little bit better. And we’ll show them like, “Hey, look at, you can have the same sort of upside potential or growth potential by holding an ETF or an index fund versus just holding that one stock and protect yourself a lot more.”


Nick McDevitt: And another question that we’ll pose to them sometimes that we’ve gotten good results from in the past was, “Okay. So, if I was going to hand you a $2 million lottery ticket and you were going to invest that money, would you spend half of it on one stock?” And the answer is usually a cross-eyed look like, “No, are you crazy?” And so, that’s exactly the same sort of thought process, where usually it’s just way more risk than somebody needs to take. There’s ways to still have similar performance and reduce the risk by quite a bit. And it’s just not really worth it at that point in time, is typically the case.


Marc Killian: All right. Great question, Andy. Thank you so much for submitting that into the show. I know it’s cliche, but as your grandmama might’ve said, “Don’t have all your eggs in one basket.” So, have those conversations. And certainly, you’re thinking about it, to Nick’s point, if you took the time to drop an email to the show here. You’re obviously probably already thinking that direction anyway. So, follow up. Have a conversation with some qualified professionals like John and Nick from PFG Private Wealth.


Marc Killian: And that’s going to do it this week for us on the podcast. Thanks for your time as always. We appreciate it. Always check out with a qualified professional, as I mentioned, before you take any action on anything you hear on this show or any other. And you can find it all at pfgprivatewealth.com. For John, for Nick, we’ll see you next time here on the show. Thanks for your time. We’ll talk to you later.

Ep 24: Importance Of Risk Management & Asset Protection

On This Episode

When it comes to retirement planning, many people focus on filling in an income gap, or making sure they will have enough money to get them through retirement. While this is fundamental to the plan, it’s important to make sure your assets are protected. John and Nick will explain what investment vehicles have some sort of protection and will also give a hypothetical example.

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More Episodes

Check out all the episodes by clicking here.

 

Disclaimer:

PFG Private Wealth Management, LLC is an SEC Registered Investment Advisor. Information presented is for educational purposes only and does not intend to make an offer or solicitation for the sale or purchase of any specific securities, investments, or investment strategies. The topics and information discussed during this podcast are not intended to provide tax or legal advice. Investments involve risk, and unless otherwise stated, are not guaranteed. Be sure to first consult with a qualified financial advisor and/or tax professional before implementing any strategy discussed on this podcast. Past performance is not indicative of future performance. Insurance products and services are offered and sold through individually licensed and appointed insurance agents.

Here is a transcript of today’s episode:

 

Speaker 1: Hey, everybody. Welcome in to Retirement Planning – Redefined with John and Nick of PFG Private Wealth, serving the Tampa Bay area. Thanks for tuning into the podcast. As we talk investing, finance and retirement, and we’re going to jump in and get started with the conversation. Guys, I hope you’re doing well. We were kind of laughing right before we started the session recording here that John’s been doing some swim lessons with his kids and it’s been going really well. And I wanted to make the joke that Nick, you finally learned how to swim.

 

Nick: Yeah, no, all joking aside, I can swim and swim well, but besides that-

 

John: You’re welcome, Nick. We’ve been doing some Zoom swim lessons [crosstalk 00:00:41].

 

Speaker 1: Zoom tutorials on swimming.

 

Nick: Yeah. I get in the bathtub with goggles and see what happens. But no, I’ve been doing well. Things are starting to slowly get back to normal from the standpoint of, I want to say last week I went out to dinner for the first time at a restaurant outside in a few months, so that was pretty cool. So things are slowly starting to get back to normal, although it’s going to be interesting is some of the numbers seem to spike here, how things will adapt over time, but no complaints, no complaints here.

 

Speaker 1: Yeah, it will be interesting to see as this cluster bang of a year continues to wobble on. So we’re about halfway through 2020 at this point. So we’ve still got a lot to go, so we’ll see how it shakes out. But that’s good. Glad to hear that there’s some good positive spots here and there. So let’s jump into our topic. So let’s review the importance of risk management and asset protection. Let’s just start with a basic overview, Nick.

 

Nick: Yeah. So for those that are listening that have been through our class that we hold at the local colleges, this will sound a little bit familiar, but we’ve had a couple of things pop up with clients and questions from friends and things like that. So we thought it would be a good topic to re-review where oftentimes people get focused on the fun or more exciting aspects of planning, which may be investments or talking about retirement and those sorts of things, but really risk management is a super important part of overall planning because really the objective is to increase your probability for success by reducing your risk. And then ultimately, overall the goal by doing that is to do it while keeping your costs down. So when we go through the planning process with clients, we do review their property and casualty insurance. We’re looking for how their accounts are titled. We’re looking and analyzing things from the standpoint of, “Are we making sure that things are protected?”

 

Nick: So we always like to make sure that people do realize, because it isn’t necessarily something that is top of mind and oftentimes, when you talk to people, the reality is that when they’re shopping out their homeowners insurance, their car insurance, they end up having been with the company for a long period of time. Usually it’s price dependent. So we’ve seen where people made a change to cut costs, six, seven, eight, nine, 10 years ago and now they’re in a completely different financial situation and they haven’t made adjustments to correlate to that from a risk management standpoint. So we just kind of want to walk some people through that.

 

Nick: So one of the first things that we review and talk about and help people to understand are that, there are certain assets that are creditor or protected in the state of Florida. This is something, again, we’re not attorneys, we’re not property and casualty agents, but these are topics that we review. And this is one of the perfect examples of something there where we can provide feedback, give you help, provide you with questions to ask and then help connect you with or you connect with an existing relationship that you have with a property and casualty agent, with an attorney if there are legal documents that need to be involved, that sort of thing. But in the state of Florida, it’s important and many people know that you can declare your primary residence as your homestead.

 

Nick: And there are a lot of protections built into declaring your home a homestead. So many people just focus on the tax benefits and that’s one thing, but really it provides a creditor protection and asset protection for your home. So that’s a big deal. If you own non-qualified annuities and/or have life insurance that has a cash value component to it, those are protected in the state of Florida. Qualified accounts, so in other words, 401k, IRA accounts, those accounts are protected in the state of Florida. One kind of caveat to that where we’ll have some people say, “Well, hey, I’m 60, 70 years old and I’ve got these accounts and my home, why do I need any sort of additional protection?” And one of the things that we like to remind people are that those qualified accounts, you do have to start taking money out at a certain point. And at the time that they go from qualified to non-qualified that becomes something that could be available.

 

Nick: From the aspect of different types of trusts, there are certain types of trusts that can be set up to provide protection for assets that’s absolutely 100% in the realm of working with an attorney. John’s going to talk about one of the misconceptions that a lot of people have when it comes to trusts. And just a basic thing that is important for people to consider, let’s say you own a business and you are not structured as an LLC, you could be putting yourself a little bit of risk from that standpoint.

 

Speaker 1: Yeah. Certainly there’s a lot of pieces in there. So again, homestead, annuities, qualified accounts, LLC, certain trusts, some of these things are the protected assets or at least in Florida. John, what are some of the non protected?

 

John: Yeah. So some of the non-protected assets would be cash accounts or your bank accounts, things like that, CDs, non-qualified investment accounts. Someone might have a brokerage account that they’re just putting money into monthly, or just maybe just put a lump sum in there. Just understand that just because your retirement accounts are invested and you have investments there and they’re [inaudible 00:06:27] protected. If it’s in a nonqualified account with investments, it’s not protected.

 

John: One other thing with the qualified accounts is to understand that there are limits to what is actually protected. So actually an ERISA plan, which is a 401k, 403(b) type plan, it’s typically fully protected, no matter what the amount is and IRA, and this does go up, it used to be a million, and I believe right now it’s about 1.3 million if an IRA is actually credit protected.

 

John: And then a recent rule change in the past few years, inherited IRAs are no longer credit are protected. So it’s important to understand that if you inherit an IRA from somebody, it is not credit protected at all. Something that will come up, Nick mentioned with the homestead where your primary home is credit protected, any secondary home you have is not. So that’s a misconception we see sometimes if you have a rental property, or let’s say your, like a second vacation home, it’s not credit protected. And then with the businesses, if you’re a sole proprietor and you never develop any type of LLC, so example I have a [inaudible 00:07:32], but I’m not LLC, that is not creditor protected. So that’s why it’s important to, if you’re working with an attorney, you want to ask these questions, “Hey, should I create an LLC with the business?” And you definitely want to have them help you draft the documents so they’re done correctly.

 

John: One of the biggest questions we get when we’re doing planning and part of the planning is we look at the estate side of it. We don’t draft any documents, but we are knowledgeable enough to have people ask the right questions and point them in the right direction. But it’s with trusts. A lot of people feel like, “Hey, if I set up a trust, does that protect my assets?” And if it’s a revocable trust, the answer’s no. So a revocable trust basically just get to the meat of it. You still have control of that trust. So you either are owner of it, or you make decisions of it. And basically with that, it’s still considered part of your estate [crosstalk 00:08:22] and for that reason it’s not credit protected.

 

Nick: Yeah. And just for further emphasis on those protections kind of tend to kick in after you pass and the trust stays, but while you’re alive, it’s includable in your estate and it doesn’t provide those protections. And one other caveat or thing to consider think about are for those non-qualified accounts, non-qualified investment accounts or non IRA, if you hold them jointly in the state of Florida using Tenancy by the entirety for those types of accounts, if you hold it with a spouse, so it has to be with a spouse to use that, that does provide some additional level of protection. Although it’s not the same as like a retirement account per se.

 

John: Definitely, as you can tell, it gets confusing. So you definitely want to ask the right questions if you’re wanting to know what is and what isn’t and just asks the right people and adviser will know enough, and attorney would definitely be the best resource.

 

Speaker 1: Yeah. I’m definitely say if you’re working with an advisor, obviously bring the conversation up with them, have them bring the attorney in and so on and so forth. And of course, John and Nick can help you in that arena as well. Now you mentioned property and casualty, so let’s do a quick review of that as well. What are some things to consider?

 

Nick: Sure. So the main types of property and casualty policies that people are going to have are going to be their car insurance, homeowners insurance, and maybe an umbrella policy. So one of the examples that we tend to give from the perspective of a car insurance policy is, really just walking you through a scenario. So when you look at your car insurance policy, you’re going to see that there are limits that are provided, that are referred to liability, and then you will see a designation for what’s called uninsured motorist or UIM.

 

Nick: So the example that we usually use is, let’s say John and I are both driving down the highway and we get into an accident. So we’re both in our late 30s, business owners, our incomes continue to go up. John has a family, I don’t, but if something happens to me, I do have assets going to parents and brother and that sort of thing. So let’s say we’re driving and we get into an accident and because John likes to multitask a lot, he was texting and it’s his fault. So we’re going to blame him. So I have the-

 

John: Wait, wait, wait, full disclosure, I never text and drive. I do multitask, but I do not do that.

 

Speaker 1: Good [inaudible 00:10:57].

 

Nick: That’s good. That’s good. So we get into an accident. I have damages, fairly serious damages and I’m going to go ahead and I’m going to sue him. There’s kind of a negative connotation oftentimes with the whole aspect of suing somebody, which the reason that we use this example is because, here we are, we’re friends, we’re colleagues, in many ways business partners, that sort of thing. But the reality is, is that if there’s damages and mistakes happen and mistakes are made, ultimately my responsibility for me and family is to try to become whole again, from a financial standpoint. So I go ahead, I sue him. The first thing that’s going to be reviewed and looked at are going to be his liability limits. So the liability limits protect him from lawsuit, from somebody else when he is at fault, essentially.

 

Nick: So let’s say he has one of the most common levels of coverage that we see is what’s called like 100/300. So what that means is 100,000 per person in the accident, a total of 300,000 in the vehicle. So in this instance, in this situation, I’m the only person in the vehicle, so the maximum amount of his car insurance company is going to pay out that they’re going to send their lawyers to deal with this lawsuit, the maximum amount that they’re going to pay out is 100,000. If I happen to have other people in the vehicle, that’s where that 300,000 limit would come into play. But let’s say my damages are 250,000 and the most his insurance company is going to pay out as the 100. So, now what? So at that point, what’s going to happen, there’s going to be kind of a different phases. So I’m going to have an attorney. And my attorney is going to look at, “Hey, does John have additional assets that are not protected, like we talked about earlier that are available through suit?”

 

Nick: So that’s something that he’s going to request, some sort of inventory, financial inventory, asset balance sheet via the lawsuit. The other thing that they’re going to look at is, “Hey, Nick, do you have uninsured motorist coverage?” And luckily because I do this sort of thing I have planned ahead and I have uninsured motorist coverage. So what uninsured motorist coverage does is it protects me in the case of having damages that are above and beyond what the person who inflicted the damage has. So in this case, my limits for uninsured motorist, let’s just say there are 250,000, I can essentially sue my own insurance company to fill in that gap, to get me up to that 250,000, so that coverage has protected me.

 

Nick: So the liability limits protect the person at fault against the person having damages and not having enough coverage. So, because we do see people oftentimes outright reject uninsured motorist coverage, and knowing that, especially in the state of Florida, people are often underinsured or uninsured, having uninsured motorist coverage is something that we think is important to have a level of protection.

 

Nick: So the same scenario, I was injured and John had coverage and I had substantially much more significant damages. Let’s say that I was permanently disabled and I wasn’t going to be able to work anymore, so the amount that the amount of protection and coverage that I’m looking for is going to be substantially more than the 100,000 that John has, or even the 250,000 that I have in the uninsured motorists. And that’s where something like an umbrella policy could come into play. So what an umbrella policy will do is, it’s a type of coverage that essentially goes above what you have for the auto coverage.

 

Nick: So an umbrella policy can be both liability and uninsured. So in this example, what we’ll use for the example is we’ll say, “Hey, Nick has an umbrella policy. And because my damages were a million dollars and John’s insurance company has paid out 100,000, my insurance company has paid out 250,000, there’s still a gap of 650,000. Essentially, I can go ahead and sue my insurance company from the standpoint of the umbrella to try to fill in that additional gap. So if John had had an umbrella policy, they would have tried to use that for protection. But in this scenario, me having an umbrella policy and being the one that had the damages really comes to the point of being able to protect me in my assets.

 

Speaker 1: Yeah. And certainly it’s important to review your risk management, your asset protection, because something like an accident can certainly derail retirement plans, it can really wreak a lot of havoc and other things that you had going on as well. There’s countless stories out there along situations like that. So if you’ve got some questions or concerns about this week’s topic, and you need some help, reach out to John and Nick, and of course they can help point you in the right directions for some of the things they don’t do as mentioned earlier. It’s always important to review and have these conversations about all these little assets. It’s not just about income, which obviously that’s super important in retirement, but there’s all these other little facets. So this week we focused on some risk management and asset protection when it comes to some of the things that are protected in Florida, not protected and a bit about the property and casualty as well.

 

Speaker 1: So reach out to them if you’ve got questions on these topics at 813-286-7776, to have a conversation about your own situation, 813-286-7776, or share the information with a friend who might benefit from that well and go to pfgprivatewealth.com to learn more about John and Nick and their practice, pfgprivatewealth.com, a lot of good tools, tips, and resources. You can also click on the podcast page, you’ll see that right at the top. And you can subscribe to us on whatever platform you like to listen to. And we would certainly appreciate it. Guys, thanks so much for your time this week. As always, I appreciate all that you do to help us out here and continue to do a good job with those swimming lessons there John.

 

John: Thanks.

 

Speaker 1: And Nick, maybe one day, you can take the floaties off, you’ll be good.

 

Nick: Hopefully.

 

Speaker 1: All right, guys, have a great week. We’ll talk to you soon. Stay safe, stay sane, and we’ll see you next time here on Retirement Planning – Redefined.