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Wealth Management

Why the Assignment Is Best Left to a Professional

By Linda Dagilus, Steve Hamlin, and Janice Ward

 

Linda Dagilus

Linda Dagilus

Steve Hamlin

Steve Hamlin

Janice Ward

Janice Ward

Years ago, they might have been known as an executor or, in the case of a woman, an executrix. And you still hear those terms occasionally.

But today, the phrase commonly used in reference to an individual handling someone else’s estate is ‘personal representative.’ And while the title may have changed, the responsibilities haven’t. They are significant, and there may actually be more of them today — a list that includes everything from the administration of a will to the handling of funeral arrangements; from preparing a final accounting and tax return to selling an estate; from investigating all claims against an estate and handling them accordingly to, yes, finding a home, or homes, for the pets of the deceased.

This broad and imposing range of responsibilities explains why those with estates, and especially large estates or those with complex assets, should think carefully about whom they choose to be their personal representative to administer their estate after they pass.

While family members have historically handled these duties, increasingly individuals are leaving these matters to third-party professionals, specifically trust officers — and for very good reasons. The most basic is the often-uncomfortable reality that settling an estate can be an unsettling experience, one that can potentially damage and destroy personal family relationships and result in mistakes that a professional might otherwise avoid.

But there are many reasons why individuals are increasingly looking to professionals to be personal representatives. First, they may not have family to turn to, or family they would consider qualified. Indeed, this is a considerable amount of work, some of it complex in nature, to put on someone who is not an expert in this area and has never done it before.

“Those with estates, and especially large estates or those with complex assets, should think carefully about whom they choose to be their personal representative to administer their estate after they pass.”

Also, many people simply don’t want to saddle a loved one with all that responsibility, especially at what will likely be a difficult time for them emotionally and when they are also likely juggling many other aspects of life and work. Additionally, choosing one family member over another to be your personal representative can often lead to conflict with the family member(s) not chosen.

Many of those turning to professionals, such as the Estate Settlement team within Greenfield Savings Bank Wealth Management and Trust Services, are recently divorced or surviving spouses who have found themselves suddenly in charge of their household’s financial savings and investments that had previously been handled primarily by their spouse.

The full list of responsibilities handled by a personal representative helps explain why it is best left to a professional and not a family member. It starts with pets, especially when there is no one else living with the recently deceased individual, but also includes everything from getting mail stopped and forwarded to a new address to securing the property to changing the locks and shutting off the water.

But it quickly proceeds to other, more complex financial matters that include:

• Entering the will into probate and assuring that all legal requirements of the settlement process are completed;

• Accounting for all personal property and arranging for the support of the family;

• Collecting all life insurance, rents, and other amounts due;

• Obtaining appraisals of the property for required tax purposes;

• Preparing a final accounting of the estate; and

• Distributing the estate as directed by the will.

While choosing a family member may seem logical and respectful, and some family members may actually volunteer for this work, most individuals are not fully qualified to handle such duties, and even if they are, they would often be placed in a difficult situation where relationships can become strained and matters can be delayed.

There is often a perception of unfairness if one family member is making all the decisions that affect the personal finances and tax consequences of each beneficiary. For example, is this individual liquidating all the assets — which might cause significant capital gains to family members who pay high tax rates — and are those decisions equally fair and appropriate for all affected parties?

It is a fact: estate administration is complicated and time-consuming. Money can, and often does, complicate relationships. Money can make people do things they wouldn’t ordinarily do. Money can breed distrust — and worse.

And that’s why the work of a personal representative is best left to a professional.

 

Linda M. Dagilus, vice president and trust officer, has more than 25 years of experience in the financial-services industry. Stephen B. Hamlin, CTFA, senior vice president and senior trust officer, is a certified trust and fiduciary advisor with more than 35 years of experience in trust banking and investment management. Janice E. Ward, Esq., CFP, first vice president and trust officer, is an attorney and certified financial planner with more than 20 years of experience in trust banking and wealth management.

 

Banking and Financial Services

Life Goals

Gary Thomas

Gary Thomas says a diversified portfolio of investments is always a good idea, with a mix of high growth potential and stable returns.

In an ever-changing world — one in which career trends, technology, and, yes, financial markets have a way of shifting — it can be daunting to craft an investment strategy. Gary Thomas, president of the Wealth Technology Group, relishes the chance to help clients do just that, by focusing on the big picture. His job isn’t just financial planning, he says, but life planning — at least, as much as one can plan for the unexpected turns of life.

It can be daunting, Gary Thomas said, to plan for the future when no one knows what the future will look like.

“As long as there are innovators in this country, there’s going to be change, and that change is going to create disruption. And we’ve seen it already in the jobs that aren’t there that were there 20 years ago,” he said.

That’s not a new trend, of course. “We don’t even know what we want until we see it,” Thomas went on. “Henry Ford once said that, if he’d asked his consumers what they wanted, they would have said ‘faster horses.’ You just don’t know what you want until you get introduced to an idea. You always think things will be the same as they are in this little snapshot of life. You want to hang on to the past, but technology is going to be changing. And we can’t stop that.”

That’s the definition of progress, and that’s good for investment markets, which — despite their short-term fluctuations — have always grown over the long term, said Thomas, president of the Wealth Technology Group. “When the economy grows, everybody benefits sooner or later, but it doesn’t always go in a straight line.”

“Henry Ford once said that, if he’d asked his consumers what they wanted, they would have said ‘faster horses.'”

He shared these thoughts by way of explaining why it’s important for individuals planning for retirement — or just looking to save for college and other expenses — to diversify their investment portfolios. And, indeed, Wealth Technology Group helps clients preserve assets, lower their tax burden, and pass legacies to the next generation through a broad mix of tools, including mutual funds, managed accounts, real-estate investment trusts, energy shares, annuities, and life-insurance options — with the goal of creating financial stability in what can be a volatile world.

That means trusting the long-term record of the stock market, he went on, but also making sure to place money in vehicles with a more predictable return.

“You have to have a philosophy where you basically pay yourself first,” he said. “I almost don’t care where you put it, as long as you put it away. If you’re far enough away from retirement, you should have a pretty diversified approach in equities, but as you get close to retirement, you need to make sure you have some secure money, for when markets go down.”

In other words, investors have to be both educated and flexible — especially at a time when Americans are living longer, meaning they have to make their money last longer.

“We’re in a different situation than our parents or grandparents were. It takes a more creative approach, it takes education, and it takes some hand holding, too,” Thomas said, bringing the conversation back to the role his firm plays. He cited studies suggesting that individuals with a consistent financial advisor tend to do as much as 2% better per year than those that don’t, even accounting for fees.

“Part of it is behavioral science — and having somebody to call,” he explained. “Typically, people make mistakes by moving around too much. You’ve got to have a balanced approach, where you have some secure money and some growth-oriented money for your older years.”

Thomas doesn’t only help his clients navigate this landscape in his Westfield office. He’s been active over the years delivering workshops, seminars, and classroom lectures on financial topics, so he knows the value of educating people.

“In some ways, people are more torn these days, because trying to sort out all that information on the internet is like trying to take a sip through a firehose,” he told BusinessWest. “Everybody’s got an agenda — the posts you see on websites are often promoted content, and it’s hard to distinguish. Even if they’re not, they still represent one person’s philosophy.”

The goal, he added, is for clients to develop their own philosophy.

“Money and financial security mean different things to different people, and it plays a big role in our life whether we want to admit it or not,” he said. “At the same time, there’s just too much information out there — we’re bombarded with it — and there’s a big difference between information and knowledge, or between information and wisdom.”

So, while some investors get wrapped up in “the latest shiny thing,” like Bitcoin or gold, he said, it’s more important to save consistently.

“You can make a lot of money from being average if you don’t switch things around too much, because the market’s averages are pretty darn good,” he said. “But you also have to have that nest egg because when things go down.”

Growing Need

When Thomas launched his business around 1991, financial planning was a field on the cusp of significant evolution.

“Before that, everybody just had a stockbroker, they had an insurance agent, they had an accountant, but there wasn’t much in the financial-planning world. So, basically, we started the company, and it was more estate planning to begin with, but it just sort of evolved over time into money management and financial planning, because that’s where the need was.”

For years, he built the company’s reputation through a number of call-in radio programs around Western Mass., an approach that appealed to listeners hungry for information about financial strategies. “People were looking for straight information and not a sales job. That’s been our philosophy ever since.”

It’s a philosophy that’s also middle-of-the-road when it comes to investment risk, he added.

“If you come from an insurance background, you tend to be very conservative. If you come from a stock background, you tend to be maybe more aggressive. Well, I come from a legal background, and lawyers like to question everything. So it also made me a little skeptical about some of the products. So, basically, we took a more conservative approach to money management — not ultra-conservative, but middle of the road.”

One key message, which has become a company motto of sorts, is “it’s not what you make, it’s what you keep” — which is why he helps clients navigate tax-related pitfalls as well.

“I take more of a holistic approach because of my background; I have a master’s in tax law. And what good is it if you make a ton of money but you have to pay 40% of it back in taxes? So we try to use strategies to avoid that. It’s a total approach of, where are you going to be down the road? If you take money out, is it going to be taxable? Are you going to have some tax-free money?”

While taking a conservative approach, he remains confident in the stock market, but understands that it can be scary to obsess over its fluctuations on a day-to-day basis — and that investors need to rely on other sources for guaranteed returns.

“I take more of a holistic approach because of my background; I have a master’s in tax law. And what good is it if you make a ton of money but you have to pay 40% of it back in taxes? So we try to use strategies to avoid that. It’s a total approach of, where are you going to be down the road? If you take money out, is it going to be taxable? Are you going to have some tax-free money?”

“I’ve been around long enough to see that markets don’t always go up,” he explained, “and when the markets are down, you need a conservative piece someplace to take money from when you need it.”

That said, Thomas added, “this country’s always going to grow. No matter what happens, no matter what financial crisis there is, we’re always looking for new ideas and new ways to grow. And that’s what the market does. You think of the major companies today that are big names, which were not in existence 25 years ago, like Amazon and Google. And Apple was almost out of business.”

He shares these strategies of diversified investment with mainly clients approaching their retirement years, but also many young families that are trying to figure out how they’ll pay for college for their kids, at a time when the average sticker price for four years of education is around $200,000. “It’s a real challenge today,” he noted.

In short, there are many reasons why people walk through his door.

“We do some estate planning, too, but it’s primarily holistic, complete financial planning — helping to find the right portfolio and the right financial tools for each individual, and then we actively manage that,” he explained. “It’s not just about picking an investment. It’s got to be right for you.”

As an independent financial-services firm, the Wealth Technology Group isn’t tied to any single product, and as an accredited investment fiduciary, he’s required to keep the client’s interests at the fore.

“If someone goes into a store, and the owner says, ‘that suit looks good on you,’ maybe it does — but maybe that’s just the suit they want to push that day,” he explained by way of analogy. Fiduciary responsibility simply means the firm considers more than what’s suitable for a client, but what would best meet his or her needs. “It’s not just going to benefit me as a financial advisor, but benefit you as the owner of it.”

Getting the Word Out

Long after his radio talk-show days, Thomas still enjoys conducting seminars and workshops that promote his work in more effective ways than a short radio or TV ad. They’re a means not only to help people understand the compexities of financial planning, but to get the word out that the Wealth Technology Group helps clients from all walks of life, not just high-net-worth individuals, as some firms do.

And when he shares his perspectives, both through seminars and one-on-one, he emphasizes that financial planning is really about life planning — and people are not always emotionally prepared for the changes that retirement will bring.

“Retirement brings a change in lifestyle,” he said. “It’s like you’re going 60 miles an hour, then you retire — and it can be hard to adjust when you don’t have eight hours a day filled up. If your purpose in life was to be a journalist and you were a journalist for 35 years and all of a sudden someone told you you weren’t valued as a journalist anymore, you’d better have a purpose beyond that. So we encourage people to have interests that really excite them beyond work.”

In fact, people don’t expect to be impacted by that lifestyle change, as well as the social withdrawal that sometimes comes with it, as much as they worry about money.

“I’ve had clients in the past that have come in and said, ‘I’m only 200 more Mondays away from retirement,’ and the next time I see them, they say, ‘only 150 more Mondays.’ And I say, ‘you know, what are you going to do the day you walk out the door?’”

Sometimes, the sudden change brings about problems with drinking or eating or their marriage, he went on, noting that some of the first astronauts who went to the moon came back and ran into personal issues once they were past that exciting, challenging phase of their lives.

But you don’t have to go to the moon to feel loss, he went on, and Thomas continues to help people plan for all stages of life — not just financially, but holistically. Because money matters, but it’s not everything.

“There’s got to be something beyond that ‘200 more Mondays.’ So that’s what we encourage people to think about,” he said. “Join a senior center, do something, get involved. And don’t concentrate too much on money. That’s our job.”

Joseph Bednar can be reached at [email protected]