Professional Documents
Culture Documents
Many of the financial paradigms we live under Most nations have public debt, on and off the
amount to smoke and mirrors. The predominant books, that significantly exceeds the ability of
political, corporate, and personal perceptions are the economy to pay in any real terms, and the
a short-lived child of extreme abuse of finite finances of most citizens tends to not be better.
resources. You can indeed make millions on
Wall Street, or any other speculative market. The peak oil, essentially the overpopulation
But compare the long-term general rise in hurricane, is going to include not only physical
securities with the long term general real cost of problems, but financial, and it will be a
living increases. (NOT necessarily the figures in transitional not temporary situation.
the official federal COLA basket.)
Why do costs rise? Some claim cost increases
INTRODUCTION are part of a normal, healthy and growing
economy; as the demand for materials,
In physical terms the key to relegating a major employees, and goods & services rises. Large
disaster to the status of a (hopefully) mild deficits (public and private) breed inflation.
inconvenience is preparation. Assume and Public bailout of bad private debt, such as the
estimate the worst, plan and act ahead of the 2007 proposed sub-prime mortgage bailout, drag
disaster. Preparations for a short-term situation down anyone making personal effort, and make
generally focus on gathering a stockpile of the bigger picture worse.
essential items while the weather is good, so
you’re not stuck racing to the store for bottles of Consider essentially two aspects to increasing
water, food, and batteries at the same moment prices. Government debasing the currency is a
every one else is making the same panic run. stealth tax and a source of overall price
Long term mitigation efforts eliminate some increases. Increased demand (per person, or in
effect of a disaster, such as raising you home the number of people expressing demand) or a
above expected flood water levels. falling supply (fruit shortages) may cause
isolated or overall price increases. At this writing
Whether preparation or mitigation steps, you (2007) oil is the largest single component of
must first be aware early of what is coming, and supply side inflation trends, with the enhancing
pay attention to key indicators. The conditions challenges of continuing global population
for a hurricane build over a long period of time, increase and expanding industrialization on the
and with modern information systems we can demand side.
easily see the warning signs. There are those
who heed the warnings and secure their home, or PROBLEMS VISIBILE AND NOT
if it is going to become life threatening then “get
out of Dodge.” There are always those who David M. Walker, appointed by President
ignore every sign, and want someone else to Clinton as the Comptroller General of the United
“bail them out” after the fact. Consider though States, has repeatedly documented evidence that
that the larger the disaster, the less likely there we face a dangerous financial future. Reports at
will be help. the Comptroller website estimate the “off the
books” debt to be around $40 trillion. In SEP 07
In the coming decades the mix of physical and Congress acted jointly to raise the "debt limit"
financial crisis may be a socio-economic (RECOGNIZED DEBT) by around $850 billion
hurricane. Our fossil fuel dependent (9.5% - from $8.965 to $9.815 trillion),
infrastructure and the population dependent on it apparently in recognition that they would make
has taken a long time to build up, but once it no effort to stop increasing the debt, interest on
crosses some critical point and becomes a storm which consumes perhaps 1/3 of every tax dollar.
it is likely to rise to violent destruction quickly.
Death. First, in death there is the funeral. Then, Child Care Power. If you are temporarily
bills have to be paid; personal business and incapacitated, the person whom you want to take
insurance matters must be concluded. Final care of your children on a temporary basis may
personal income tax and inheritance tax returns not necessarily be the one who they would live
must be filed, as well as a federal estate tax with if you were to die.
return, if necessary. The dwelling might have to
be vacated. Health Care Power. If you're not capable of
making your own medical decisions, you can
All sorts of property must be accounted for, select someone to make them for your.
secured, divided appropriately and formally
transferred as required. None of these chores can Living Wills and Advance Medical Directives
be avoided. A certain amount of time -free or (AMDs). These provide general guidance to
paid - is inevitably involved. Obviously, leaving medical professionals, and are typically used
all these details to an attorney can be expensive. where you have been diagnosed with a terminal
Significant money can be saved if the Executor condition, and you wish to avoid a protracted
and heirs help. death. Whether you have signed an AMD or not
- as long as you retain the capacity to make and
Incapacity. Even if you're not in a terminal express decisions for yourself, your consent must
condition, you may be so ill or injured that you be obtained for your medical treatment. You
may no longer physically, or mentally, be able to remain solely and totally in control. If you have
interact with those around you, or even be aware an AMD, it can be revoked or modified at any
of your surroundings. In that situation, a Judge time, if you are still capable of doing so.
would need to appoint a "guardian" or
"conservator", who would be someone selected
by the Judge. Insurance. In the case of automobile (liability)
insurance, it is required by law in most states.
The person appointed by the court may NOT be Otherwise insurance, which is essentially a
someone you would have wanted. It may be complex gambling contract between you and the
someone completely unaware of your wishes, insurance company, has as a primary purpose
who acts completely contrary to what you would financial protection.
want.
For those without extensive physical assets, life
Elements of the Estate Plan insurance is a way to purchase an immediate
estate of substance. Health insurance can
provide for coverage of delineated medical costs.
Will. Your will is the foundation of your estate Liability insurance provides coverage of
plan. It is your final opportunity to tell the world damages you cause up to the agreed limits.
what you want to have happen once you're gone.
Altered by law. In many jurisdictions, including Keep in mind, too, that estate planning itself
Arizona, the birth of a child, marriage, or must be seen as but one step in the overall
divorce, serves to revoke that Will, at least as process of "financial planning." This should
regards that person. include risk management and insurance, as well
as tax, investment, and retirement planning. You
Codicil. This is a separate document that should visit your legal assistance office, or other
modifies one or more terms of an earlier attorney, accountant, and other trusted
executed will, without the necessity of professionals.
completely rewriting the will.
Durable. By law in most states, a power of General. At the far opposite from special or
attorney is valid for only so long as you, the limited, you can grant a power of attorney that
person who granted it, remain mentally capable. lets someone else do (almost) anything you
In those jurisdictions if you want the power to could. This is a very dangerous document if you
continue in force during incapacity, you must do not clearly trust your "attorney in fact", as
clearly indicate this. they COULD give your property away, put you
significantly in debt, etc., and all of the
Springing. This refers to setting out terms or documents WOULD be binding on you.
preconditions in your power of attorney such that
it is NOT valid until your attorney in fact can If you grant someone a general power, the limits
prove to third parties that the conditions have by state law imposed on what they do that is
been met. binding on you would be minimal, typically they
Trust - In simple terms, this is the written For example, you could require everything be
document which provides direction to the trustee held in trust until your child reaches the age of
as to how the property held by the trust is to be 65, unless they complete a college education,
managed. Most states have statutes which will after which they may receive the remainder
be used to "fill in the gaps" in an area where the immediately, thus prompting the child to at least
trust is not clear. get an education before they embark on a party
with their inheritance.
Trustee - The person selected to manage the
trust. Families today may be second, third, etc.
marriages for at least one of the spouses. There
Grantor - The person who creates the trust. may be children from prior marriages on both
sides, who may be living in the home, or
elsewhere with the other parent. In the typical
Beneficiary - The person for whose benefit trust "first thought" will, spouses leave everything to
assets may be used. each other. But if the surviving spouse re-
marries, or in their will the surviving spouse
General types of trusts. Within these types, there simply ignores the children of the deceased
are many more options in the management of spouse, the children receive nothing. The
assets. children can be protected by leaving property to
a spouse in trust, with the property eventually
Living Trust - Created by your voluntary action passing to the children.
during your lifetime. (Revocable or Irrevocable)
Long Term Care. If you believe you might need
Testamentary Trust - Created by a requirement nursing home care, and don't have adequate
set out in your will. (Revocable or Irrevocable) insurance, under current law the government will
not pay for your care while you own certain
Revocable Trust - One where you can change combinations of assets and values. Further, even
your mind, and withdraw property which you if a government program does pay, there may be
had transferred to the trust. a lien imposed against your property. Trust
planning for this possibility is often referred to as
a Medicaid Trust.
Irrevocable Trust - One where you CANNOT
change your mind. Once property is owned by
an irrevocable trust, you and the beneficiary are Disability planning. Whether by illness or
in most cases firmly bound by the terms set out. accident, or just plain old age, any of us may find
we are no longer physically or mentally capable
of managing our own affairs. If you do not
Why use a trust?
prepare for this in advance, the Court may find
Asset Protection in a Lawsuit. People will sue, Probate of a Will takes time - at least several
at times over what may appear to be insignificant months.
issues. Juries will at times make decisions and
grant damage awards that are difficult to Probate records are open, but a Trust document
comprehend. If you are on the losing side of a is private unless challenged in court.
lawsuit, you may see your lifetime savings and
investment disappear to satisfy a judgment
against you. Trust DISADVANTAGES vs. a Will.
Enter the "Living Irrevocable Trust". If, prior to You can make arrangements to transfer your
the event upon which a lawsuit is based, you property by will with a statement as simple as, "I
have transferred ownership of your assets to an leave all my property to my favorite niece, Jane
irrevocable trust, you will probably be found to Doe". To transfer property by a trust, you must
not be the owner, and the assets held in trust will actually transfer title of the property to the name
be exempt from consideration. Depending on of the trust. If you fail to transfer title to an
the facts, merely having your assets held in the asset, you STILL need a will to cover the
name of the trust may discourage a lawsuit "forgotten" property. The burden is on YOU to
against you. keep your transfer's up to date.
Estate Tax Planning. Whatever you own or If you are paying for your legal services, you
control on your death may be subject to federal will probably find that the cost is higher for a
and/or state "death taxes". As currently written, trust than for a will.
the law on federal estate taxes provides that
amounts exempt from the tax increases each year The trust is a separate legal "person". If the trust
until 2010. The general discussion in the news is earns income, you may need to file an income
that the federal estate tax "disappears" in 2010. tax return for the trust.
However, despite the news, as worded what
disappears in 2010 is any EXEMPTION to the Examples of Specialized Trusts.
tax.
Marital Deduction and Bypass Trust (the "A/B
BEWARE OF INFOMERCIALS! If a "living Trust"). This is the tax-planning cornerstone for
Trust" ad or proposal claims to save death taxes - many combined marital estates (i.e., all property
as opposed to probate "costs" - either it is NOT owned by the husband, the wife, and jointly)
Deposit year 4 $2000.00 Purchasing a Pension. Yet you may not realize
$1500.00 it, but even if you are not making cash deposits,
in some manner you are “buying” your
Subtotal retirement plan.
$8620.25 $6346.01
Active duty must invest at least 20 years of
Interest during year 4 service, and then become eligible for a lifetime
$431.01 $317.30 pension. Your pension is determined by the rank
-$79.33 (income tax) you achieve, therefore it is in your best interest
during your career to progress as high as possible
Deposit year 5 in the ranks. Although you do not actually make
$2000.00 $1500.00 any cash deposit to purchase your pension, I'd
like to put it's value in perspective.
subtotal
$11051.26 $8083.98 Assume an 18 year old enters the military, does a
20 year career, and retires at 38 at an E-7. Your
Interest during year 5 pension will be around $1600 per month for life.
$552.56 $404.20 Assume living at least 40 more years until age
-$101.05 (income tax) 78.
Albert Einstein once referred to compound Over long periods of time, the difference
interest as "the greatest mathematical discovery between investing at, say, 5% and 8% is
of all time". Well, it's not really a scientific enormous. In the above compound example, if
discovery, in fact it is a quite simple concept. your interest rate was 8% instead of 5%, here's
how the numbers would change.
When you deposit money (capital) in an interest
paying account you earn interest on your capital. Starting Age / Age End Deposits / Est. Value
The next year you earn interest on both your at Age 62
original capital and the interest from the first
year. In the third year you earn interest on your 20 62 $412,000.
capital and the first two years' interest. You get
the picture. The concept of earning interest on 20 40 $340,000
your interest is the miracle of compounding.
The same idea applies to buying an asset that
appreciates in value. You stop saving when you're 40, and leave
the account alone.
1. Start Early!
30 62 $177,000
The earlier you start investing, the more time
you leave for compound interest to take effect. You didn't start to save until you were 30 and put
In the following examples, you save $100 per money in until you're 62.
month, and deposit your savings into into a 5%
interest account. 30 40 $18,000
Starting Age / Age End Deposits / Est. Value You didn't start to save until you were 30 and
at Age 62 only put in money until you're 40.
You didn't start to save until you were 30 and put It only takes a careless moment for you to cause
money in until you're 62. serious injury to someone else, potentially
destroying their life, and ruining your future as
30 40 $49,000 well.
You didn't start to save until you were 30 and An arrest record can be a significant "roadblock"
only put in money until you're 40. to your career.
Waiting to start saving is a mistake. Taking Even without causing an injury to someone else,
money out of savings early on is a mistake. or an arrest, too much "partying", or even a
single incident of experimenting with the wrong
Tax free money market account. Available from Bonds. (NOT U.S. Savings Bonds)
many sources, this type of account typically Corporations, cities, States, etc. will often issue
provides you with a "checkbook" from which "bonds" as a means of financing projects. The
you can write checks to access your money. interest rate is fixed for the entire period of the
(Good for short-term savings.) bond, which is sometimes as long as 30 years.
There can though be serious risk of LOSS when
Series E savings bonds. Defers taxes on the you invest in this type of bond.
interest until the bonds are cashed. (Good for
short-term savings, as well as money that is for 5. Persistence and patience are required.
"emergencies", in that if the emergency does not
strike further deferred is possible when the bond Saving for 40 years is obviously something you
matures.) can't do overnight. You must consistently
exercise restraint and avoid the temptation to
Thrift Savings Plan (TSP). Provides deposits withdraw your long term savings for the latest
from your salary that are pre-tax, which is a commercial "toy".
bonus to you even before interest starts to
accrue. "Uncle Sam" also has a matching The Rule of 72
program where money is deposited on your
behalf that is in addition to that which is Although a spreadsheet can help you work out
withdrawn from your salary. All of these exact estimates of the effects of compound
deposits grow tax-deferred, but with limitations interest there is also a handy shortcut known as
on withdrawals. The investment options within a the Rule of 72. It states that you can find out how
TSP account are limited to the choices the many years it will take for your investment to
government offers. While TSP contributions double by dividing 72 by the percentage rate of
(i.e. due to employer matching) should take growth. So it will take 9 years for your
priority over an IRA, when used as part of a investments to double if they grow at 8% a year
comprehensive investment plan, perhaps you (72/8=9). But it will only take 6 years if your
should consider your TSP as your cash / interest investments grow at 12% and so on.
bearing "safe haven". (Good for long term
investments.)
History - Inflation dates back to the earliest Coin Type Ounce fraction
currencies. The government of Rome and other Dollar .773437
early civilizations which used precious metal Half-Dollar .72337
coins inflated their currency by mixing other Quarter .72337
metals, clipping the coins, or making coins Dime .72337
smaller or thinner.
Averaged out over the years, the old silver coins
Coin Debasement - To most who were involved held their purchasing power, while the paper
in financial transactions, it would be fairly money dwindled in what it could buy.
obvious that something was happening to the
currency. It would not be unusual for "old" In 1981, you could have easily "lost" two rolls of
currency to continue to be able to purchase the pennies in your desk. 100 pennies weigh about .
same goods, while a greater quantity of the 68 pound. Spot price for copper this year has
"new" currency would be required for the same been between $3.21 and $4.08 per pound. Your
goods. Therefore it was still possible to hold on two rolls of old pennies have a value somewhere
to purchasing power simply by keeping "old" between $2.18 and $2.77. Perhaps coincidence,
currency.
Beyond "cash" savings in interest bearing In 2001, ABC Company, seeking to expand its
accounts, you can invest in securities. Think of "widget" manufacturing facilities, marketed
them as a document that you purchase from a $1000 bonds, paying annual interest of 10%,
firm, which can represent a share of ownership with a maturity date 10 years in the future. You
in the firm, that the firm owes you money, or that purchased one of these bonds, and at the end of
the firm and you have entered into some type of 2001, ABC Co. paid you $100.00 interest.
financial agreement.
In 2002, the interest rates in general went down,
Securities investment can be in the form of a and the reputation of ABC Co. gained.
"mutual fund", in which your money, and those Together, in 2002 ABC Co. found it could
of numerous other investors are combined to further expand its facilities, and it issued more
purchase not an investment in an individual firm, bonds. In 2002 though, it found it only needed
but in a selected spectrum of firms. to promise to pay 5% interest annually, for a ten
year bond.
Low risk of loss of stated dollar amount, but high
risk of actual value loss are accounts where the What does this mean to you? In 2002, everyone
interest rate fluctuates, as with a back demand who bought the 2002 bonds receives only $50
deposit. These though have little “market risk”. for each $1000 they invested, while YOU are
still being paid $100. If you wanted to sell your
Market risk is the risk of fluctuations in the value 2001 bond, how much should you ask for it? If
of securities which result from changes in overall we ignore the slight value difference between the
market rates of interest. (See the discussion 9 years left on your bond, and 10 years on the
below on the changes in value of bonds and new bonds, we directly compare the interest
bond funds.) rates.
A Fixed Income Index Investment Fund is a If the 2002 bonds only pay $50 per $1000
commingled bond index fund which holds a invested, and yours pays $100 per $1000
representative sample of a wide range of bonds invested, your bond is now worth $2000 if you
in which the assets of many plans are combined decide to sell it.
and invested together. Fixed-income securities
represent obligations of issuers (who "borrow" In general, when interest rates are DROPPING,
your money) to repay the amount borrowed (the you can expect a "capital gain" on a bond or
principal) to holders of the securities when the bond fund.
securities mature. "Fixed-income" refers to the
fact that the coupon rate (annual interest rate) of
each such security is set, or "fixed," in advance. In general, when interest rates are RISING, you
These securities usually pay interest can expect a "CAPITAL LOSS" on a bond or
semiannually until maturity. bond fund.
Bonds and their funds carry the inherent risk that The market price fluctuation due to interest rate
the issuer of the bond will go bankrupt, or changes works against you as follows. If you
otherwise simply be unable to pay as agreed. bought the 2002 5% bond, and ABC Co. finds in
You, as the purchaser of a bond / bond fund, take 2003 that it must return to offering a 10%
this risk. In such a fund, you money is NOT interest rate, your 2002 bond is only paying $50
guaranteed. per year, while the "new" bond again pays $100
per year. If you wanted to sell your 2002 bond,
the best offer anyone would make to you would
In addition to the risk of non-payment, bond be $500, so that the interest they received from
funds also carry market risk. This is the risk ABC Co. on the 2002 bond ($50) would be the
3. You direct your IRA custodian to obtain As indicated above in the restrictions, you and
ownership of the LLC. certain other individuals/entities cannot enter
into transactions between you and your IRA.
4. You direct the IRA custodian to appoint This would of course include lending money to
you as the "General Manager" of the LLC. As your IRA, or the LLC, or you borrowing from
the general manager of the LLC, you open an such. It also means you cannot personally sign
appropriate business checking account for the as guarantor for a loan to your IRA from another
LLC. entity. It does NOT however mean that your IRA
cannot make loans. The IRA rules DO permit
5. You direct the IRA custodian to transfer your IRA to loan money. When your purchase a
funds to the LLC account for use by the LLC in bond, you are making a loan. Your IRA can
its business operations. legally loan money to your friend, niece, cousin,
brother, sister, etc. You IRA can also borrow
6. You now have in your possession a money.
checkbook for an account where you are the only
authorized signer, which potentially contains all There are financial institutions which will make
of the money in your IRA. non-recourse loans to an IRA, depending of
course on the intended investment of the loan,
Extreme Example - Taking examples to the with the understanding that if it turns out the
extreme, consider: You use the checkbook for IRA cannot repay the loan, that the lender has no
your ROTH IRA to purchase a $300 million legal recourse against you, or anyone else, or any
"Powerball" lottery ticket, and win. Under other asset, other than the particular IRA account
present apparent tax law, your ROTH does not which you authorized to enter into the loan.
The good news is, as your child grows, you'll For the mathematically inclined, the formula is:
gain greater insight into their abilities, interests,
and capabilities. The bad news is that if you F = A ((1+r)n -1)/r)
wait until your child is in high school to
contemplate their college education, you may F = future amount
find their abilities outreach your financial A = amount you put away per time period (i.e.
resources. each year)
r = interest rate during the time period
Approaches to college costs: n = number of years, used as an exponent in the
formula
Long Term Investing
Student Loans and Grants For the computer inclined, you'll want to use the
Scholarships (sports and academic) "Future Value" function in your spreadsheet.
Military Academy
Military Service Assuming you consistently earn 5%, a quick
Distance Education estimate of what you would need to save
annually:
http://www.cosc.edu/
College in Yuma Harvard
http://www.tesc.edu/
Goal $24,000 $226,000
Long Term Investing. The first step in making a For your newborn.
plan is to estimate what the total cost of your
child's education is likely to be. $900.00/year $8,100.00/year
CLEP
http://www.collegeboard.com/student/testing/cle
p/about.html
During the past 40 years, there has been a Chapter 13 is the most common type of
dramatic increase in pressure for the average "reorganization" bankruptcy for consumers --
American consumer to obtain and maintain good you repay your debts over three to five years.
credit. Gone are the days when the only items Under this program, the court appointed trustee
financed were houses and automobiles and only creates a repayment plan to the creditors which is
a small portion of society had credit cards. submitted to, and must be approved by the court.
Today, everyone is expected to have at least one If approved, all disposable income is paid to the
credit card and one can purchase most anything, trustee, who in turn makes all distributions to the
large or small, on credit. In a perfect world, creditors. Although this plan is designed to have
people would only borrow what they could the debtor to live a “bare bones” lifestyle, it is
afford to pay back. This is not the reality in the not totally rigid. The court may modify the
world today, which heavily promotes a “have required payments given good cause.
now – pay later” way of life.
THREE KEY CHANGES
In basic terms, bankruptcy is a court process
which provides a mechanism for debts to be The new 2005 changes place a greater burden on
modified or eliminated when it is impossible for the debtor to prove their debts cannot be paid,
the debtor to fulfill their financial obligations. and to ensure that bankruptcy is used as a “last
According to the U.S. Supreme Court, this would resort”:
allow the debtor, “a new opportunity in life and a
clear field for future effort unhampered by the 1. Debtors must first complete a court-approved
pressure and discouragement of pre-existing credit counseling course, at their own expense,
debt.” within 180 days of filing.
Examples: volunteer fire companies, search and Should you go thru the process?
rescue companies, homeowners associations,
etc.. Form 1024 is used to get the tax exemption. Incorporating, obtaining, and maintaining legal
Contributions to the nonprofit corporation are status as a non-profit requires more effort and
usually not deductible to the donor. Such attention to detail than an informal organization.
contributions can be deductible only when they But the protections and other benefits should
are to be used exclusively for public purposes clearly outweigh the costs and time involved.
rather than to benefit the members of the Unfortunately, while I can provide a
organization. "preventative law" brief on the risks inherent on
club membership, management, and
State Tax-Exemption Both 501(c)(3) and organization, actually providing one-on-one
501(c)(4) provide exemption from federal personal assistance on creating or operating such
corporate income tax. Arizona policy is that your an entity appears beyond the scope of services
charity will also be exempt from Arizona income authorized by regulations.
taxes, but it is not automatic. You must submit a
copy of your federal exemption and corporate
by-laws to:
How old are you now? Replacing 13 years of John's military salary (I’m
Based on your health, and information such as using just base pay).
your family history, what is your expected Replacing 24 years of John's private sector
lifespan? earnings.
Do you smoke? Even if you never smoked Replacing 42 years of John's military pension
before, and you just lite "one"cigar before a life (assume a lifespan to 80)
insurance physical, don't be surprised if your Provide for Jack's 4 years of college starting 14
rates are the higher "smoker", for at least five years from now.
years. Provide for Jill's 4 years of college starting 16
How much are you earning now, and how much years from now.
do you expect your real earnings to rise during
your anticipated career? If John expects to make E-7 early enough for his
What expenses do you have that you want to retirement "high three" to count it, he needs to
ensure are covered? (Do you want to leave your make it by 17 years. Projecting his promotions
family a fully paid for home, money for college as more or less evenly, the present cash value of
for the kids, etc.?) his base pay thru to retirement is:
Based on your understanding of the economy,
what do you believe is going to happen to prices $352,000
of goods and services in the relevant future?
Into what type of investments do you expect If John retires at age 38 as an E-7, 50% of high
your heirs will place the life insurance payment? three, and expects to live an additional 42 years,
What other benefits are available for your the present cash value of his active duty
survivors, such as the Survivor Benefit Plan and retirement checks are:
Social Security.
In particular for service members thinking of life $270,000
insurance from a commercial company,
specifically ask if the policy has a "war clause." If John expects to work from age 38 to 62 at the
Such clauses typically allow insurance same pay as he retired at, the present cash value
companies to avoid payment on a contract of of his private sector wages is:
insurance if the service member is killed in war
or by a "military service hazard." $408,000
Merely to provide the limited daycare for the In general, after establishing your safety net my
children set out above requires present cash recommendation is that considering "whole life"
value of life insurance on Jane of around insurance as an investment should be at or near
$141,000. the bottom of your investment priorities.
(The formulas to calculate "Present Cash Value" Financial Planning - Warning on Misleading Life
or "Future Cash Value" are generally available in Insurance Programs
spreadsheets.)
We have received a 26 page report from the
You have the right to name any person(s) you Congressional General Accountability Office,
choose as the beneficiary(ies) of your life entitled ACTIONS NEEDED TO PROTECT
insurance policy(ies). If you specifically want a MILITARY MEMBERS, on "flawed" financial
portion to be used to provide for your child's products sold to military consumers and the
education, you may not want to leave the money questionable techniques being used to sell them.
directly to the child. (What would YOU have
done if you turned 18 and had $100,000 paid to
you…) Instead, you could leave a portion to At a Senate Banking Committee hearing, in his
someone as Trustee for your child. opening remarks, Senator Richard C. Shelby,
Republican of Alabama and the committee's
For a family of modest earnings to purchase chairman, alerted the Pentagon representative at
insurance in the above amounts probably the hearing that he would be in for tough
requires the purchase of "term insurance", which questioning about why the Defense Department
is what the SGLI program is. Term insurance "has not moved more aggressively in this area
provides a much higher amount of coverage, for heretofore." It appears that last year a New
much less cost, because it has no "investment" York Times article documented a decades long
aspect. As with SGLI, when the policy ends, series of the sale of insurance and other
nothing remains. The "term" aspect generally "financial products" on some military facilities,
refers to the period of time during which the sanctioned by military leaders, that were clearly
company has agreed to provide insurance contrary to the best interests of the members
coverage and the costs for that period. convinced to make the purchases.
Your first priority must be the above "safety net" The report appears to particularly disdain a
for your family. After the safety net is met, practice of selling to soldiers high-cost, low
payout "life insurance" policies with savings
What is long-term care? It is assistance to help Costs for long-term care vary depending on the
you if you have a disabling or chronic illness and amount of care provided, type of care provided,
cannot care for yourself. It is not necessarily and location where the care is provided. You
traditional medical care in that it may not be may use one or more of these ways to pay for
intended to improve or correct a medical long-term care.
problem, but rather to help you cope with your
condition. Personal Funds: Your own personal resources,
such as personal current income, savings, or
Consider, people are living longer, medicine investments. However as medical procedures
allows us to continue on with conditions which have become more complex and expensive, and
only a few decades ago would have clearly expansive, the "middle class" is caught in a bind.
meant death. After paying tax throughout their life to support
the Medicaid program, which was originally
intended for the poorest segment of the
Some examples of long-term care are: population, in their old age the "middle class"
find if they've saved and invested, they're not
Home Health Care: Trained personnel come to eligible for assistance until their lifetime assets
your home on an ongoing basis to help with are expended.
activities of daily living, such as bathing,
dressing, or eating. They may also help prepare Contributions from Family Members: If you do
meals, run errands, and do light housekeeping. not plan ahead for long-term care, do not have
sufficient personal resources, and do not qualify
Respite Care: This provides a break for family for such government assistance as may be
members when they are the primary caregivers available, you may have to rely on your family
for the disabled person at home. A respite members to pay for or to deliver care. This can
caregiver usually comes to the home and may be be burdensome on your family if family
a volunteer. members do not have the financial resources to
pay for care or the necessary skills or time to
Adult Day Care: Typically at a center that provide the proper care. In addition, family
provides both health care and social services for members, who in the past would have been
people who cannot be left alone during the day. relied on for assistance, often live great distances
apart.
Assisted Living Care: This is a combination of
Medicare: Medicare1 covers very little of the
housing, personalized support services, and
long-term costs that most people need. Medicare
health care designed to meet the individual needs
will pay for up to 100 days of care in a skilled
of people who require some help with daily
nursing facility after you have been hospitalized
activities but not the skilled care of a nursing
for at least three days. Medicare covers the first
home. This care is ideal for someone who is too
twenty days entirely. The patient pays a daily
frail to live alone but does not need to be in a
coinsurance after the twentieth day until day 100.
nursing home. Assisted living facilities may be
independent facilities, combined with skilled 1
Medicare, Medicaid, etc. as government
nursing facilities, or part of a continuing care programs are dependent on sufficient tax
retirement community. Most costs are paid by revenues (money stolen from taxpayer pockets,
the resident and family members. or created from thin air).
Medicaid: Medicaid is a joint federal and state Do I need long-term care insurance?
program intended to pay for health care for
people with limited income and resources. It Maybe, depending on your health, age, and
does pay for custodial nursing home care. Each financial situation, among other factors. It is a
state sets its own standards for Medicaid personal decision similar to whether you need
eligibility, determines the type of services life insurance. If you think you may need long-
provided, and administers the program under term care and believe you have adequate other
federal guidelines. funding sources then you may not need long-
term care insurance.
These rules are complex, vary from state to state,
and are of course subject to change by the What should I look for in a long-term care
legislatures. If you expect to have significant insurance policy?
assests and retirement income, yet want to
qualify for Medicaid, there are legal steps you There are several issues to consider when
can take, such as transferring assets to carefully evaluating a long-term care insurance policy:
and specifically worded trusts.
Some brief information for coverage in Arizona Services Covered: Many policies cover only
is: long-term nursing home care. You should make
sure your policy also covers other types of care
Income not over $1656/month. desired (e.g., home care, adult day care).
Resources (cash, bank accounts, stocks, bonds, Amount of Benefit: A typical policy allows a
etc.) not more than fixed dollar amount for each type of service,
$2,000 value for an individual. For a married regardless of the actual cost of the service.
couple, the non-applicant spouse may keep up to Paying a higher premium may buy a policy that
1/2 of such resources, or a total value of $90,660, will pay more for the service. Find out if the
whichever is less. policy pays a different amount depending on the
type of care provided. For example, is the
If you believe you may need long term care, and payment for a day of nursing home care different
your plan is to rely on Medicaid, you must from the payment for a day of home care? You
realize you will probably need to make specific may have more flexibility in planning later on if
and significant changes in your assets and the policy makes the same payment for the
financial plans, lest you essentially lose on a different services.
lifetime of earnings. The asset rules have lead
many senior citizen couples to the decision that a Deductibles, Co-payments, and Waiting Periods:
divorce is necessary for them to protect their life Generally the higher the deductible, the lower
savings. the premium. Also, most policies have a waiting
period of 30 to 90 days during which time you
Veterans Administration (VA) Health Benefits: have to pay for services from your own funds.
Many larger VA hospitals offer extensive long- Also, many policies only pay benefits for a fixed
term care services. You should contact the period of time rather than indefinitely. After the
nearest VA hospital to determine your eligibility time period runs, you will have to rely on your
for the services the hospital offers. own funds or other sources to pay for the
services.
Long-term Care Insurance: This is private
insurance for which you pay designed to cover Payment of Benefits: Find out the requirements
long-term costs. Depending on the policy, long- to start coverage under the policy. Some
term care insurance may cover nursing home insurance companies accept a covered person's
stays, home health care, adult day care, assisted- doctor's statements while others require
living facility care, and respite care. In general, certification from the company's medical staff.
A significant portion of the anticipated old age The latest information at the Social Security
income for soldiers (and FERS civil serve Administration website shows that in 2003 they
employees) is Social Security2. You need to collected $468.6 Billion SS taxes on payroll and
understand the aspects of this potential benefit. benefits. The program paid out $406 Billion in
benefits, and cost the taxpayers $600 Million in
Social Security and Your Paycheck. administrative costs.
The social security tax which shows on your By law, the remaining $62 billion of Social
earnings statement is 7.65% of your gross wages. Security taxes collected was transferred to the
This is however only half of the tax, the other treasury in exchange for a special class of federal
half is required to be paid by your employer. security. The Social Security Administration
Since the other half of this tax is based on your lists as an "asset" $1.3553 Trillion in such
status as an employee, your earnings, and with securities, which is the Social Security "trust
your prospective social security benefit based on fund". All money deposited in exchange for
both portions of the tax, in economic terms it is these securities is then spent on other
part of your wages which you would otherwise government programs.
be paid were it not for existence of the tax.
Therefore in effect you pay the entire 15.3% tax. Your Social Security Benefits:
The income tax allows deductions for certain 62 is considered as the minimum age for "early
medical insurance expenses, 401K, TSP, IRA retirement" and beginning to collect a payment
deposits, etc. No such deduction applies to your from social security. Initially, 65 was considered
social security tax. Likewise, your social the age for "full retirement", but there is now a
security tax is NOT deducted before the regular sliding scale where your birthdate determines
income tax is calculated. your full retirement age. If you opt for early
retirement, your social security payment is
The Social Security tax rate for 2004 is 15.3 PERMANENTLY reduced, based on a scale of
percent on all wages up to $87,900. In terms of how much before your personal "full retirement"
days worked, the tax represents about 9 weeks you started your request for benefits.
out of each of your working years. You must
have 10 years of taxed wages in order to qualify Your projected social security old age benefit
for an old age benefit. payment is based on the total tax collected on
your wages. If you have not recently received a
Background of the program. benefit projection from social security, you can
request one online at:
The initial social security tax back in 1935 was
2% of the first $2,000 of wages earned. In the http://www.ssa.gov/mystatement/
past, as increases in social security distributions
reduced the amount of money being transferred Note though, there no legal basis on which any
to the general treasury, Congress increased the of us have an "entitlement" to receive social
tax rate, and the level of income subject to the security. The laws relating to the program
tax. This allowed the increased payments, while clearly indicate it is a benefit which can be
keeping the subsidy of other government changed, or eliminated. A Supreme Court
spending. But with the system as written, it also decision in 1960 upholds this position.
meant that those paying the increased social
Challenges for the Program:
2
WARNING – Social Security is a welfare
program, not an investment or entitlement. I can Beginning in 2008, the first of the "baby boom"
disappear or be made means-tested, and you generation will reach retirement age. This spike
have no effective ability to complain.
The financial challenge facing the social security Come up with a program where payments are
system is that this group of people, who are made from within the actual and reasonable
paying the highest social security taxes will taxes collected. This would be some
cease paying, and suddenly be eligible for large combination of payments smaller than promised,
payments. Reports at the social security website or a means to determine retirees who will be
clearly show that when the baby-boomers retire, denied the promised payment (i.e. by a "Means
annual income from the present social security Test" such as with welfare, where if you have
tax is well below the amount that is scheduled to another source of income, or assets, the payment
be paid out. is denied.)
Simple math on data available from the social Were the Social Security program a failing
security website shows that the payments private sector pension or annuity plan, in
promised to the baby-boomers can't be paid Bankrupcty, the court would apportion the
without tapping the trust fund. Therein lays the benefits from the program in the same
concern for your retirement planning, as Social percentage as those who contributed. That is,
Security starts to make "withdrawals" from the those who have paid the most into the program
trust. would receive the greatest payout.
The economic reality of Social Security is there The "fail safe" approach is to plan for your
is no pool of money. retirement as though social security will not be
available to you.
Every penny of social security tax collected has
either been paid out to a recipient already, or has What to do?
been spent.
There have been discussions in D.C. that a
Every new penny of social security that is paid partial remedy to the Social Security situation
out to a new recipient, or as cost of living could be to allow you to divert a portion of your
payments to existing recipients, means that less tax to an account that could be invested in stocks
of the "excess" is transferred to the general and bonds, but no such legislation has been
treasury for spending. That means that the successful. You could consider though creating
government must cut other spending, increase your own program.
the general income tax, or increase the deficit.
Maximize your other retirement investments.
Every penny that social security "withdraws" TSP, IRA's, money market, stocks, bonds,
from the "trust fund" means that the government mutual funds, real estate, etc., all of which are
must cut other spending, increase the general explained in further detail in other financial
income tax, or increase the deficit. planning articles.
What does it mean for your retirement? Examples of Personal Savings vs Social
Security.
You must draw your own conclusions as to how
the government, and you, will deal with the Look at what happens if YOU could take the
financial discrepancies of the social security 15.35% of your gross wages and invest it:
program. It appears the major options for the
government are: Example: A minimum wage worker
($5.25/hour), graduates high school at 18, never
manages to work above minimum wage, works
If you die, your spouse or minor child may be For specific advice on selecting individual
eligible for a one time death benefit payment of investments, you should review appropriate
$255, and may be eligible for some publications, private counsel, your accountant, or
portion of your monthly payment. other trained and qualified financial planning
professionals.
If you have no such qualifying heir, all of your
social security tax payments "disappear" as far as
your estate is concerned.
Historically the greatest significant cause of Over the years, it may be possible for you
inflation is when the entity that issues the depreciate the value of the structure to "zero",
currency progressively puts more currency into even thought the true value of the property has
circulation. The two primary methods are to increased significantly. If you then sold the
PRINT more currency, without any asset or property, the IRS would consider everything
financial activity to back it, or for the above your depreciated "basis" in the property as
government to progressively fall into debt, profit, which would be taxed… Unless you took
spending money it does not have. some additional steps.
Absent factors which effect its true value (i.e; a If your intent in selling a rental property is to
growing, or declining, community), real estate obtain another rental property, you can postpone
Once the property is your personal residence, As written, the statute restricts a married couple
and you have lived there for an accumulated who own real estate to a $150,000
period of two of the preceding five years, current exemption as a couple. Yet, if an unmarried pair
tax law allows you to exclude from income taxes of individuals was to co-own the same piece of
all profit on the sale, even what would otherwise property, and be living there in the same manner
be recovered depreciation. (This is a great deal as a married couple, the statute would allow each
to save taxes if you have the two years to live of them to exempt $150,000, for a total of
there.) The exclusion from income is $250,000 $300,000 of protected equity.
per person, $500,000 for a married filing jointly
couple. Why NOT buy a home? When you live in a
private sector rental, or government quarters,
The Military Family Tax Relief Act of 2004 many times utilities service and maintenance are
(MFTRA) added new rules. A taxpayer or included in the rental payment. When you're the
spouse of such, serving on qualified official owner, the costs are your responsibility.
extended duty as a member of the uniformed
services my suspend the running of the five year You pay your own electricity, other heating if
period of ownership and use during active duty applicable, water, sewage, trash, etc. You also
for up to 10 years. pay for your own repairs.
Lawsuit Protection - Homestead Exemption If you buy in a "bad marketplace", for example
in a town where a major employer goes out of
Arizona law provides that anyone who resides business, the value of the home may fall.
within the state, who is 18 years or older,
married or single, may as an automatic action of If you are transferred, you will need to rent the
law hold exempt from a judgment creditor, other home, sell it, or make payments on a vacant
than your voluntary mortgagee, a homestead of house.
up to $150,000 value in equity.
So, how do you get a home?
The homestead may be your interest in "…one
compact body [of land] upon which exists a Inherit It. From an economic standpoint, it
dwelling… a condo… or a mobile home… " should seem strange that you need to make a
large cash outlay to acquire a home. What
In less legalese, if you live in Arizona and own a happened to the home of your parents, your
home, if you are sued and lose, you get to keep grandparents, great grandparents, etc.? In ideal
the first $150,000 value of your home. If you economic theory, the family home, or at least the
have just $150,000 or less, in equity, you keep it economic value of one, should continue to be
all. You need to cross-check this though with passed on within the family, with each
the 2005 bankruptcy law changes. generation not only maintaining the home, but
providing enhancements. Theory fails however
Planning and implementing an estate which is as in the "real world" for various reasons.
"judgment proof" as is allowed, can be a
significant factor in avoiding lawsuits. First, I Liens against the property (involuntary and
like to think that if you're looking far enough voluntary).
Example: At age 40, you've finished an active Homeowners Associations. Whether buying a
duty career and settled into your "retirement" condo, or remote desert acreage, if there is a
home. You're sure that adding insulation in the homeowners association, read the rules carefully
attic would save $30 a month in utility bills, but before you buy. These associations MAY leave
the contractor wants $600 to do the job. Should you alone. You may also find though that new
you have it done? "leadership" results in votes where you
essentially lose control of "your" property.
Certainly! The quick calculation "payback"
period is only 20 months, after which that Zoning. City and County governments typically
insulation goes on saving you money every impose zoning ordinances, which control land
month for as long as you live there. Think of it use in the jurisdiction. If you're buying, do not
as putting $600 into an account that then pays rely solely on statements from the agent as to the
you $30 per month for life. The value of such an status of the property. Maybe the agent does not
upgrade is far greater than its cost. know of changes, or forgot. Check the details.
For example, if you buy to build yet find the
Materials Quality. You can buy, build, or property is just a bit too small for the current
remodel with quality durable materials and zoning to allow you to build, your options are to
fixtures, or accept you will encounter the need seek a variance (agreement by neighbors and the
for repeat repairs. zoning board to change the rules just for you), or
to sue the seller (But read your contract. I'll bet
Beware of Toxic Materials. There are various "due diligence' puts the burden on you to ensure
laws which require you be advised of certain you can do what you want BEFORE you close.)
hazards, such as whether the home has lead-
based paint, asbestos, underground heating oil Permits. Related in spirit to zoning is the permit
storage tanks, etc. There are though many system. Imagine your surprise, after your
dangers which are not required to be listed. You purchase, to find the structures, or the sewage
may want to run specific tests for hazards such system, was put in without the right permits, and
as: since it's out of compliance, you can't use it until
you get a permit and fix it. Check that all that
Most particle board, adhesives, plastics, formed you believe to be part of the deal is legitimately
fiberglass items, foamed materials, etc. used in there. Yuma in particular has areas where
typical construction today releases dangerous existing septic systems are for "new" owners
gases, such as formaldehyde. suddenly found to have groundwater too close to
the surface for the system to be used, requiring
Radon is a radioactive gas which seeps naturally costly changes.
from the ground in many areas. In some homes
it enters thru foundation cracks and accumulates Insurance. From the moment the home becomes
in the indoor air, reaching levels that can pose a "your's", you should ensure that it is properly
danger, primarily to your lungs. insured. If your home burns to the ground, and
you did not have insurance, this will NOT
Carbon monoxide is an odorless, colorless gas, excuse you from making the mortgage payment!
which can kill. It is a natural product of any Typically, earthquake and flood insurance are
Equifax, P.O. Box 740241, Atlanta, GA 30374- Information about a lawsuit or an unpaid
0241; (800) 685-1111. judgment against you can be reported for seven
years or until the statute of limitations runs out,
Experian (formerly TRW), P.O. Box 949, Allen, whichever is longer.
TX 75013; (888) EXPERIAN (397-3742).
What if my credit report is wrong?
Trans Union, P.O. Box 1000, Chester, PA
19022; (800) 916-8800. You are protected by the Fair Credit Reporting
Act (FCRA), 15 U.S.C. 1681, et seq., which
Federal Trade Commission (FTC) rules now allows access to credit reports and an
clearly require credit reporting agencies to opportunity to correct errors, and the Fair Debt
provide you a free report once per year. Collection Practices Act (FDCPA), 15 U.S.C.
1692, et seq., which limits the methods creditors
Online at http://www.equifax.com/ this particular can use to collect debts.
credit reporting agency has a link listed as,
"FACT Act and obtaining a FREE Credit How to "fix" an error on my credit report?
Report". It requires you enter your personal
information, after which you can view or print First, don't bother with the "Credit Repair"
your credit report. advertisements. At best, they're charging you a
fee for something you can easily do for yourself.
FTC rules also require that these agencies must At worst, they're a fraud. No one can legally
provide to you a free copy of your credit report, make accurate, but "damaging", entries be
if you are: removed from your record.
• Are unemployed and intend to apply for Start by writing to the credit bureau(s) and to the
employment in the next 60 days firm that provided the erroneous entry. Tell
• Are on public welfare assistance them what you believe is wrong, why, and how
the incorrect entry is causing you harm (i.e.
• Believe your file contains inaccurate
you've been denied credit for a car or home,
information due to fraud
employment, rental opportunity, etc.) Send ALL
• You are also entitled to a free report if
communications via certified/return receipt mail.
you have received notice of an adverse
The bureau must reinvestigate you complaint,
decision (such as denial of credit,
usually within 30 days, as must the information
insurance, or employment) within the
provider. If the information provider finds it
past 60 days
made a mistake, it must notify all nationwide
credit bureaus so that they can correct this
How long is "bad" information going to remain information in your file.
in my report?
What happens if someone else gets your credit 2 business days you're responsible for up to
card? $50.00
As soon as you know your card is missing, notify 2 to 60 days you're responsible for up to $500
the issuing institution. If a thief uses your card
before you can notify the issuer, you may be Over 60 days you're responsible for your entire
liable for up to $50.00 of unauthorized use of the account balance.
card prior to you making such notice. Finally,
unless the card itself provides some means of Somehow, I missed payments on a debt. What
identifying the holder, such as a photograph, no can happen to me?
liability will be incurred for unauthorized use.
If you fall behind in repaying your creditors, or
Even if your card is not missing, someone may an error is made on your accounts, you may be
have still gotten your number. Whenever you contacted by a "debt collector." You should
get your statement, review the charges carefully. know that in either situation, the Fair Debt
Thieves don't necessarily have to make huge Collection Practices Act (FDCA) requires that
charges, to rob you via your credit card number. debt collectors treat you fairly and prohibits
certain methods of debt collection. Of course, the
"SPOOF" CREDIT CARD EMAIL law does not erase any legitimate debt you owe.
If you receive an email, phone call, etc., that Personal, family, and household debts are
identifies itself as being from one of your credit covered under the Act. This includes money
cards, asking you to click a link, write back, or owed for the purchase of an automobile, for
call, check your credit card first. medical care, charge accounts, etc. For purposes
of the FDCA, a debt collector is any person who
regularly collects debts owed to others. This
A collector may contact you in person, by mail, Use threats of violence or harm.
telephone, telegram, or fax. However, a debt Publish a list of consumers who refuse to pay
collector may not contact you at inconvenient their debts (except to a credit bureau)
times or places, such as before 8 a.m. or after 9 Use obscene or profane language
p.m., unless you agree. A debt collector also may Repeatedly use the telephone to annoy someone.
not contact you at work if the collector knows
that your employer disapproves of such contacts. Debt collectors may not use any false or
misleading statements when collecting a debt.
For example, debt collectors may not:
You can stop a debt collector from contacting
you by writing a letter to the collector telling Falsely imply that they are attorneys or
them to stop. Once the collector receives your government representatives
letter, they may not contact you again except to Falsely imply that you have committed a crime
say there will be no further contact or to notify Falsely represent that they operate or work for a
you that the debt collector or the creditor intends credit bureau
to take some specific action. Misrepresent the amount of your debt
Indicate that papers being sent to you are legal
Please note: Sending such a letter to a forms when they are not
collector does not make the debt go away if you Indicate that papers being sent to you are not
actually owe it. You could still be sued by the legal forms when they are.
debt collector or your original creditor. Debt collectors also may not state that:
If you have an attorney, the debt collector must You will be arrested if you do not pay your debt.
contact the attorney, rather than you. They will seize, garnish, attach, or sell your
property or wages, unless the collection agency
If you do not have an attorney, a collector may or creditor intends to do so, and it is legal to do
contact other people, but only to find out where so.
you live, what your phone number is, and where Actions, such as a lawsuit, will be taken against
you work. Collectors usually are prohibited from you, when such action legally may not be taken,
contacting such third parties more than once. In or when they do not intend to take such action.
most cases, the collector may not tell anyone
other than you and your attorney that you owe Debt collectors may not:
money.
Give false credit information about you to
Within five days after you are first contacted and anyone, including a credit bureau.
if you dispute the debt, the collector must send Send you anything that looks like an official
you a written notice telling you the amount of document from a court or government agency
money you owe; the name of the creditor to when it is not.
whom you owe the money; and what action to Use a false name.
take if you believe you do not owe the money. Collect any amount greater than your debt,
unless your state law permits such a charge.
A collector may not contact you if, within 30 Deposit a post-dated check prematurely.
days after you receive the written notice, you Use deception to make you accept collect calls or
send the collection agency a letter stating you do pay for telegrams.
not owe money. However, a collector can renew Take or threaten to take your property unless this
collection activities if you are sent proof of the can be done legally.
debt, such as a copy of a bill for the amount Contact you by postcard.
owed.
If you owe more than one debt, any payment you
Debt collectors may not harass, oppress, or abuse make must be applied to the debt you indicate. A
debt collector may not apply a payment to any
Debt Re-Negotiation.