Estate Planning

This note is intended for the older set here, that includes Saul, I’m not sure who else, but anyone who is already retired and investing not only for themselves but for the family who will likely out live them.

I recently attended a presentation held by an attorney from the office where I have my will, trust and other estate planning documents drawn. I assume that most of you also have an estate plan (if not, let me recommend you sit down with an attorney immediately).

I have some unique situations: the majority of my liquid assets are held in a Roth IRA. My house and virtually everything else of value is held in a revocable trust. My wife is not a US citizen. My daughter (my only other beneficiary) has recently married. I met her husband briefly and he seems like a good, responsible guy, but honestly, I don’t know a lot about him.

I expect my wife (nine years younger than I) to outlive me and obviously, my daughter as well. At the highest level, I wish to make sure that should I die suddenly, my wife will not have difficulties. This is not as simple as it sounds. Chinese is her native tongue. She is not able to guide the investments she will depend on for living expenses. As a recent resident, she does not have much of a community in the US.

My daughter has substantial student debt (MFA at Columbia Univ). I co-signed her loans and assured she had nothing to worry about when it came to paying them off. I have a portfolio set-up specifically for this purpose. At present there is a substantial excess above her debt level in this account. My daughter has repeatedly shown that she is incapable of managing large amounts of money or attend to investments.

So, here’s the rub: how to establish management of the investments after I’m gone? I cringe at the notion of some trust management officer, in full compliance with his fiduciary responsibility liquidating all my investments in order to redeploy the assets in some very conservative mutual funds. But then I try to guess at the alternatives and none of them look very good. My estate planning attorney said I should provide an instruction letter for the trustee. OK, great. What’s that going to say? Invest in aggressive growth stocks? You can see why that’s not good advice, even though that’s mostly what I do. It’s just not any old aggressive growth company, it’s certain ones.

Without belaboring this further, I assume you understand the general situation despite my special wrinkles. How have you dealt with these issues? If not, when are you going to consider your own mortality and what are you going to do about it for your surviving loved ones?

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If it could be helpful for you, this is what Warren Buffett recommends:

“My money, I should add, is where my mouth is: What I advise here is essentially identical to certain instructions I’ve laid out in my will. One bequest provides that cash will be delivered to a trustee for my wife’s benefit. (I have to use cash for individual bequests, because all of my Berkshire Hathaway (BRKA) shares will be fully distributed to certain philanthropic organizations over the 10 years following the closing of my estate.) My advice to the trustee could not be more simple: Put 10% of the cash in short-term government bonds and 90% in a very low-cost S&P 500 index fund. (I suggest Vanguard’s. (VFINX)) I believe the trust’s long-term results from this policy will be superior to those attained by most investors — whether pension funds, institutions, or individuals — who employ high-fee managers.”

Best Regards

Maria

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So, here’s the rub: how to establish management of the investments after I’m gone? I cringe at the notion of some trust management officer, in full compliance with his fiduciary responsibility liquidating all my investments in order to redeploy the assets in some very conservative mutual funds. But then I try to guess at the alternatives and none of them look very good. My estate planning attorney said I should provide an instruction letter for the trustee. OK, great. What’s that going to say? Invest in aggressive growth stocks? You can see why that’s not good advice, even though that’s mostly what I do. It’s just not any old aggressive growth company, it’s certain ones.

Thanks BrittleRock, I’m in the same boat. My wife is American, but no difference: she has neither aptitude nor interest in investing. The bank explained that if I leave the money in trust for her they are required to invest it poorly (in bonds, super-blue chips, conservative mutual funds, etc), in investments whose only claim to fame is that they are guaranteed not to grow. I haven’t figured out what to do either but it looks like prosperity can only exist for one generation unless someone else in the family loves the investing game.

Saul

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The bank explained that if I leave the money in trust for her they are required to invest it poorly (in bonds, super-blue chips, conservative mutual funds, etc), in investments whose only claim to fame is that they are guaranteed not to grow.

Saul, that may be so, but you are under no obligation to place the inheritance with a bank for trust management. It’s a service they offer. They will charge a fee for placing the funds under management which will also charge a fee. Both fees will be expressed as a percentage of the funds under management. And to think I spent my life in IT trying to save money for myself and the Boeing Company.

No matter, there are alternatives. The law office where I had my estate plan drawn also offers estate management services (surprise!). They are obligated to manage the estate per my letter of instruction. In other words, your bank’s “requirement” is a matter of bank policy, not a legal requirement. By following this policy they guarantee that they will collect management fees for an extended period and can not be sued for violating their fiduciary obligation. It’s as if the entire finance and legal systems have conspired in order to make sure they can steadily and legally nibble away at your estate.

It appears the best I can do is follow Buffet’s advice as provided by Maria above (post #6381). My wife has a desire to learn more about investments, but her English is a big inhibition. I’m reasonably sure my daughter simply lacks the temperament. I don’t know about her husband, but I’m loath to simply turn a chunk of the estate over to him with the instructions “invest wisely”.

The best plan I’ve come up with so far is live long and remain mentally alert. Both my parents made it into their 90s. and they did not have an easy life (my father was a Holocaust survivor - there’s a soon to be released documentary film about my parents, some info here if you’re interested: https://www.facebook.com/pages/Elly-and-Henry/27249877234).

It’s all rather depressing . . .

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The best plan I’ve come up with so far is live long and remain mentally alert. Both my parents made it into their 90s. and they did not have an easy life (my father was a Holocaust survivor - there’s a soon to be released documentary film about my parents, some info here if you’re interested: https://www.facebook.com/pages/Elly-and-Henry/27249877234).

I just liked the page. I hope to see the film when it comes out.

mazske