Advisors must take the lead when other professionals counsel clients.
Imagine a symphony being composed by several very
talented composers. One writes the music for the string section,
another the woodwinds, and others for percussion, brass, etc. Each
sounds wonderful by its self. There is one major problem, however. None
of these composers spoke to each other before writing their own piece.
As a result, when the music is put together, there is no symphony, as
expected, but many distinct sounds that are competing with each other.
Fortunately, music is not written this way, and one
composer must coordinate the efforts if a beautiful symphony is to be
produced. Yet, many of our new clients come to us having arranged their
financial affairs in a similar fashion. They may have very competent
professionals offering advice about their taxes, estate planning,
insurance, etc. But like our composers, we discover that these advisors
seldom, if ever, talk to each other. And what may look like good
planning may be flawed when taken into context with the clients' goals
and other strategies.
For example, how many of us have reviewed perfectly
written wills that, among other provisions, create a unified credit
trust to avoid unnecessary taxes, only to discover that the attorney
did not have a discussion with the investment advisor or insurance
agent about ownership and beneficiaries? Or, perhaps it was done
properly when the will was written, but new insurance was purchased
later and the insurance agent neglected to ask about the provisions in
the will. These are fairly common mistakes that would never occur if a
competent financial planner conducts as the other professionals play
their parts. We always ask our clients to advise us if any changes are
being contemplated in their estate planning, insurance, tax planning,
etc. Since financial planners generally know more about their clients'
situations than other advisors, it is our responsibility to be the
people who coordinate all advice to assure that it is compatible with
their other goals.
About six months ago one of our clients was advised
by her accountant that she should change the titling on an account she
had with us to "Joint Tenants with Right of Survivorship." If they did
that, he told her, she would avoid probate. The problem with that
advice was that we had titled the account in her husband's name because
he was much older than she and was terminally ill. He had many
securities in his portfolio that were purchased many years ago and had
a very low cost basis.
If the accountant had called me, he would have
discovered that. Of course, he didn't make the call. As an aside, her
husband died last month, and we can now sell the securities with no
adverse tax consequences. His advice, if implemented, would have left
her with two choices: keep the stocks and increase her risk, or
diversify the portfolio and pay more than $45,000 in capital gains
taxes.
Because some of these professionals may have myopic
views of their situations, our clients have found it very helpful for
us to be an integral part of the dialogue to add a more holistic
perspective. For example, Ernie and Joanne were both in their second
marriages and each had children. He owned a home building business and
his son was in the business with him. Aside from the money he had tied
up in land and building projects, he had very little liquid assets.
Ernie wanted to start a new development, but he had
exhausted his line of credit and his bank would not grant additional
funds until some of his current projects were complete. Joanne, on the
other hand, owned several properties free and clear of debt, as well as
liquid assets. Whenever he needed additional advances from the bank for
new projects, Joanne pledged her assets as collateral. Based on the
provisions of their prenuptial agreement, she would inherit half of the
business and its assets at his death.
Ernie wanted to be assured that his son, Al, would
get the entire business when he died and Joanne felt that this was
unfair since her assets were being used as collateral for many of the
projects. She informed me that she had retained the services of a real
estate attorney to "see that I get all that I should if Ernie were to
die." They had scheduled a meeting at the lawyer's office and I asked
if I could attend since I was very familiar with their financial
situation as well as their goals. She and Ernie agreed that it would be
a good idea.
The lawyer opened the conversation by making it
clear that he was representing Joanne and that she was entitled to her
share of the business because her assets were at risk. Leaving the
business to Ernie's son would have deprived her of her legitimate
claim, he said. As he presented his case, I felt as if I was in a
divorce settlement meeting, and an adversarial relationship between my
clients was beginning to develop. Ernie protested that the money made
from the sale of his projects was being used to support their
lifestyle, and that should be enough to satisfy Joanne. I decided to
try to get to the bottom of the problem, as I knew it to be from the
relationship we had established over the years.
I do not represent only one of them, I said, and my
goal was to do my best to satisfy both Ernie and Joanne. I asked
permission to ask each of them some questions. I asked Joanne what it
was that she really wanted-the business assets or the security those
assets represented. Security was her major concern. Did she have any
objection to Ernie's son owning the business provided she was
adequately taken care of if Ernie died? No, she answered.
Actually, she had a great relationship with Al, and thought he had
worked hard and probably deserved to take over the business. I asked
Ernie if he would object to helping Al pay the premiums on a life
insurance policy to fund a buyout at his death. The money would be used
for Joanne's needs at Ernie's death. He did not object and Joanne
thought it was the best way to resolve all of the issues. When Ernie
died, Al would get the business and Joanne her security,. Just when I
thought everything was resolved, the lawyer spoke up. "It's not that
simple," he said. "Joanne needs to be compensated for the risk she has
taken with her assets."
It seemed to me that he was handling the situation
as if Joanne and Ernie were business partners and not life partners. It
also became apparent to my clients that the solution, however simple it
was, would be perfect for resolving their issues, so they decided to
implement it. There is no way of knowing what the outcome would have
been if I were not present and the lawyer persisted in making this more
of a problem than it actually was. Ernie, no doubt, would have retained
his own counsel and that would have probably increased the tension. In
order to assure that our clients stay on track for reaching their
goals, we believe that we need to be aware of the advice they are
getting from their other professionals. We communicate that to them
early in the process, and most of them agree and run most of their
recommendations by us before they are implemented.
Our clients come to see us expecting their financial
lives to be coordinated like the pieces of a well written symphony. As
financial life planners, it is our duty to help them to make that
happen.
Roy Diliberto is chairman and founder of RTD Financial Advisors Inc. in Philadelphia.