88962094-household-bills-in-shape-of-question-mark-gettyimagesOnce you have completed your divorce, the list of things to figure out can be daunting. It can be easy to push off those things that don’t seem to affect your daily routine.  Some of those things that you have been putting off are likely financial – a lump sum distribution from the divorce just sitting in cash, a 401(k) in need of rollover or perhaps a credit card balance that never seems to get any smaller. It’s time to make understanding your financial situation part of the process of building a new life. The longer you wait, the greater likelihood that your inaction will impact your long-term financial success.  If you don’t know where to start, then it may be a good idea to seek out the assistance of a financial planner.  While financial planners may have specialties, the financial planning process is fairly standard for all planners.  At the core of the financial planning processes is evaluating your financial needs and goals, and helping you take steps toward meeting those needs and goals.  The general steps to the financial planning process are as follows: 1. Determining your financial goals What are you looking to achieve? Do you need to invest that cash in your savings account or rollover a 401(k)?  Do you need to figure out how you are going to pay for your child’s college education? Do you need to get a firm handle on your expenses and cash flow? (budgeting) 2. Gathering your information If you have recently completed your divorce, this step should be easy.  For your divorce, you needed to collect all of your financial information.  You can just pass this information on to a financial planner (bank, retirement, and investment statements, liabilities (credit cards, car loan, mortgage), and your income information, such as a pay stub and a tax return.  A copy of your divorce decree also provides pertinent information. 3. Analyzing your information The financial planner will stitch together all of the financial documents in your life to create a picture of your financial situation. 4. Creating your financial plan A financial plan lays out your financial goals and your financial situation.  From there, your financial planner will work with you to create a plan of action for meeting your financial goals, based on your financial situation. 5. Implementing your financial plan Your financial plan is going to be a little different from everyone else’s plan. Implementation of a financial plan can take many forms as well.  It may involve reallocating your portfolio, setting up a program to save for college, purchasing insurance, or creating a budget. 5. Monitoring the progress of your financial plan In the stock market and life, things happen, situations change. Financial plans are not engraved in stone, never to be changed.  They have to be flexible to adapt to the changes that happen in the financial markets and in life. While the financial planning process is fairly standard across the industry, the financial products and solutions recommended by financial planners are not.  Much like your physical health, if you are not sure if the recommended products or plan of action are best for your financial health, seek a second opinion.  You are more likely to be committed to following a financial plan if you understand the financial products in your portfolio and are certain that your financial planner has put your interests first.
Stocks, bonds, mutual funds, annuities, chances are you own a couple of these financial instruments and possibly all of them in your portfolio. Wouldn’t it be nice if someone clearly explained what they are and why you should invest in them? Let’s see if we can get the basics of stocks straight in less than 5 minutes. Stocks When you own stock in a company you are a part owner of that company. Stock (also called equities) are sold in units called shares. Each share of stock in a company represents a fractional ownership in that company. Since most well-known companies have issued millions of shares their stock, each share represents a very small fraction of the overall ownership in that company. An owner of stock (called a stockholder or shareholder) is entitled to a portion of the company’s profits if the company’s board of directors decides to distribute them. Profits that are distributed are called dividends. Dividends tend to be distributed on a quarterly basis. Not all companies distribute their profits to the stockholders. Young fast growing companies, in particular, usually choose to reinvest their profits in expanding business operations. Older established companies with few opportunities to grow their business, utility companies for example, tend to distribute a large portion of their profits in the form of dividends. In situations where the company is sold or liquidated, shareholders will receive a cut of the net sale proceeds. All the company’s creditors get paid before this happens including employees, suppliers, creditors and even Uncle Sam when taxes are owed. The chance that there will be nothing left after everyone else gets paid is one of the intrinsic risks to stock ownership. There are two ways to make money from owning stock – the cash flow from dividends and capital gains. If a stockholder sells their shares for more than the purchase price they make a profit called a capital gain.   The value of a company’s stock rises and falls based on the performance of the company and the outlook for the economy as a whole. If a company is successful, such that its business is expanding then people will want to buy its stock to get in on the growth potential. If the overall economy is expected to grow, this is expected to benefit many companies as well.   Companies tend to report on the performance of their business on a quarterly basis which can greatly impact the stock value. In between those quarterly reports the stock value is more influenced by the constant stream of reports about the state of the economy. Companies are limited by the government as to how much and how often they can issue stock. Once they issue a share of stock, that stock is bought and sold on a stock exchanges such as the New York Stock Exchange or the NASDAQ Stock Exchange. Actual physical stock is rarely exchanged anymore; brokerage accounts are electronically credited or debited for the purchase or sale of stock. Companies contract with a transfer agent to keep track of the constant changes in the ownership of their stock. Five minutes are almost up so let me just say that stock ownership is a good way to grow wealth but it must be done with a view to the long term. Stocks prices can fluctuate greatly in times of economic upheaval so it is not a place for putting saving for a near-term purchase. Over the long term though, stocks have always rebounded and rewarded the patient investor.
137547335-man-planting-euro-coins-in-soil-gettyimagesStocks seem to get all the attention with daily reports of what happened in the stock market. Bonds by comparison are the quiet, introverted sidekick to stocks. Nobody ever brags about their latest bond investment at a cocktail party. Nonetheless, bonds are an essential part of most portfolios and tend to become more so as we get older. Let’s take 5 minutes to understand bonds. Bond are loans that have been “securitized”, meaning that the face amount of the loan has been divided into equal-sized parts, typically worth $1,000 or $5,000. The equal sized parts are called bond certificates, which can then be bought and sold easily in the bond markets. Big issuers of bonds are corporations and governments. Borrowing money by selling bonds can be cheaper than going to a bank, particularly if the issuer wants to borrow a large sum and then pay it back over a long period of time, such as 20-30 years. Bonds issued by the U.S. Government are called Treasury bonds, bills or notes. Bonds issued by state and local governments are called municipal bonds, while bonds issued by companies are called corporate bonds. Bond Investors make money from the cash flow created by the bond issuer repaying the loan. Bonds are usually structured so that the owner of a bond (the Bondholder) receives interest payments at regular intervals. The bondholder is repaid their initial investment in the bond, along with the final interest payment, at the loan maturity date. Bonds are attractive to many investors because they provide a regular stream of income. The amount of income a bond holder will receive over the life of the bond is known the day it’s purchased. That knowledge means that bond values do not fluctuate nearly as much as stock prices. Bond values do fluctuate some, which is primarily caused by changes in the prevailing interest rates in the economy and the ability of the bond issuer to make bond payments. Bonds are an important part of investment portfolios because they typically act the opposite of stocks. Treasury bonds in particular will rise in value during times of economic stress, as people flee a falling stock market for the safe predictable return bonds offer. Bonds are also important because they provide cash flow to people taking regular draws from their portfolios to pay living expenses. If bonds are so much safer than stocks, why not invest 100% in bonds? Investing entirely in bonds is risky for the long-term because of the threat of inflation. Inflation causes the cash flow from a bond to become less valuable over time. And, although bondholders still get the principal they invested when the bond matures, that initial investment just doesn’t buy as much as it did 20 years ago.   Stocks on the other hand have a history of outpacing inflation over the long-term. This is why even the most conservative portfolio is better-off containing at least some allocation to stocks, as a hedge against inflation.
Stocks, bonds, mutual funds, annuities, chances are you own a couple of these financial instruments and possibly all of them in your portfolio. Wouldn’t it be nice if someone clearly explained what they are and why you should invest in them? Let’s see if we can get the basics of stocks straight in less than 5 minutes. Stocks When you own stock in a company you are a part owner of that company. Stock (also called equities) are sold in units called shares. Each share of stock in a company represents a fractional ownership in that company. Since most well-known companies have issued millions of shares their stock, each share represents a very small fraction of the overall ownership in that company. An owner of stock (called a stockholder or shareholder) is entitled to a portion of the company’s profits if the company’s board of directors decides to distribute them. Profits that are distributed are called dividends. Dividends tend to be distributed on a quarterly basis. Not all companies distribute their profits to the stockholders. Young fast growing companies, in particular, usually choose to reinvest their profits in expanding business operations. Older established companies with few opportunities to grow their business, utility companies for example, tend to distribute a large portion of their profits in the form of dividends. In situations where the company is sold or liquidated, shareholders will receive a cut of the net sale proceeds. All the company’s creditors get paid before this happens including employees, suppliers, creditors and even Uncle Sam when taxes are owed. The chance that there will be nothing left after everyone else gets paid is one of the intrinsic risks to stock ownership. There are two ways to make money from owning stock – the cash flow from dividends and capital gains. If a stockholder sells their shares for more than the purchase price they make a profit called a capital gain.   The value of a company’s stock rises and falls based on the performance of the company and the outlook for the economy as a whole. If a company is successful, such that its business is expanding then people will want to buy its stock to get in on the growth potential. If the overall economy is expected to grow, this is expected to benefit many companies as well.   Companies tend to report on the performance of their business on a quarterly basis which can greatly impact the stock value. In between those quarterly reports the stock value is more influenced by the constant stream of reports about the state of the economy. Companies are limited by the government as to how much and how often they can issue stock. Once they issue a share of stock, that stock is bought and sold on a stock exchanges such as the New York Stock Exchange or the NASDAQ Stock Exchange. Actual physical stock is rarely exchanged anymore; brokerage accounts are electronically credited or debited for the purchase or sale of stock. Companies contract with a transfer agent to keep track of the constant changes in the ownership of their stock. Five minutes are almost up so let me just say that stock ownership is a good way to grow wealth but it must be done with a view to the long term. Stocks prices can fluctuate greatly in times of economic upheaval so it is not a place for putting saving for a near-term purchase. Over the long term though, stocks have always rebounded and rewarded the patient investor.
104626001-hand-operating-paper-shredder-gettyimagesIt will really help your efforts to organize your financial affairs if you know how long you need to keep statements or documents. A survey by Consumer Reports showed that only 40% of respondents thought that they could find a document at a moment’s notice. Only a slightly larger percentage (49%) thought they could find it after looking for a while. An organized and efficient filing system that only holds the necessary documents will go a long way toward removing the stress of keeping track of your financial assets. There are certain essential documents that you should hold onto for the rest of your life – birth certificate, death certificates, marriage license, divorce decree, adoption agreement, military service records and social security card all fall into this category. You should keep the originals for these important documents in a safe place. A safety deposit box tops the list for safety, but is not always the most practical option. Documents that you may use often, such as your social security card, would best be kept elsewhere (in your wallet though is the least desirable location). The best option if you don’t have a safety deposit box, is to purchase a water-proof, fire-proof lockbox or small safe. Other documents that deserve storing in a safety deposit box or lockbox include your most recent estate documents (wills, power of attorney and trust documents), titles to property, savings bonds, and an inventory (with photos) of your significant household assets. Make sure that you make a list of the documents in your safety deposit box or lock box, along with instructions on how to get access to those documents. Give the list and instructions to those who are responsible for taking care of your affairs if something happens to you. Keep your tax returns for 7 years. Keep any documents that are connected to your tax return for the same period, such as the bill of sale for property listed on the return. Also keep your year-end investment statements for as long as you own the investments, and then for 3 additional years after the investments have been sold. Keep the year-end reports from banks and credit card companies for 5 years, and then for 3 additional years after closing the account. The only reason to keep monthly bill statements or credit card bills after paying them is to help you keep track of your budget. Most of this information can be found online if needed also. Shredding is the best way to dispose of statements and make sure that your personal information does not fall into the hands of identity thieves. Properly securing essential documents in a safe place, creating files for property and tax related documents and shredding nonessential documents will go a long way towards clearing the clutter that is blocking you from gaining control over your financial situation.
As part of organizing your financial affairs following a divorce, you should also make preparations for your financial affairs after your death. Planning your estate is an essential part of getting one’s financial matters in order at any point in life, but divorce opens up some interesting issues with estate planning. Minnesota state law has dealt with divorce and the validity of estate documents made while married in an interesting manner. Minnesota statutes Section 524.2-804 states that if a divorced person’s most current will was completed while still married it will be applied as if the ex-spouse died immediately prior to the divorce.  The ramifications are that a will remaining from a failed marriage will be applied as if both ex-spouses have died.  The property then passes on to the contingent beneficiaries, such as children and siblings.  Furthermore, the Minnesota statutes state that the dissolution of marriage also revokes any assignment of fiduciary or representative capacity on the ex-spouse, such as serving as executor, trustee, conservator or guardian. Minnesota lawmakers appreciated the importance of estate planning. The approach these statutes take is to recognize the divorce, but keep the estate documents partially in-force. Nonetheless, while Minnesota law has stepped in to ensure that your ex-spouse does not inherit your property, it has left your estate plan with a lot of question marks. If your ex-spouse is not your executor who is? That is why it is imperative to create a new set of estate documents soon after your divorce, which revokes the estate documents made while you were married.  There is a good chance that there are other people besides your ex-spouse named in the estate documents from your marriage, that you would prefer to change. Do you really want your ex-spouse’s brother handling your financial affairs? So many people delay estate planning because they don’t want to think about their death. The fact is, estate planning is more about your assets, your family and your friends. It is an opportunity to think about how you would like your assets distributed to reflect the new you and your wishes.  There is also peace-of-mind that comes from knowing you have made arrangements so that your death doesn’t cause your family any more stress than it has to.  In coming blogs, we will discuss the important aspects of estate planning in more depth, so that you can tackle the process with an appreciation of the gift this can be for your loved ones.
200150399-001As another tax season comes to a close, there are people all over the country digging through shoe boxes and file cabinets trying to meet their tax accountants’ request for cost basis information on an investment they sold last year. Hundreds of thousands of tax returns are moments away from being filed if only the taxpayer could find that elusive cost basis information. So what is cost basis, why is it so important, and why can’t anyone ever find it? At its simplest, cost basis is the purchase price you paid for an investment or piece of property. More than that, it also includes the expenses that went directly into the purchase including commissions, trade fees, appraisal and legal expenses. Cost basis can also grow over time due to reinvested dividends on mutual funds or if you made significant improvements to your property. When you sell an investment or property, cost basis is vital for figuring out if you made or lost money on the sale. The IRS wants to know your gain on the sale and expects you to pay taxes on it. If you lost money on an investment, it is important to report that as well. The loss will almost always be subtracted from your gains on other investment sales thereby lowering your tax bill. The IRS puts the responsibility for keeping track of cost basis on the owner of the investment or property. Maintaining good records on investments in particular seems to be impossible for all but the most organized. With the blizzard of paperwork that the investment company sends aren’t they keeping track of this? Yes and no. Prior to 2011, the investment companies kept track of your cost basis but they were under no obligation to transfer that information if you transferred your assets to a new investment company. Statements at your new investment company would only reflect the cost basis of investments purchased through them. As of 2011, all investment companies are required to transfer the cost basis information when transferring assets. Unfortunately, if an account has been moved a couple times prior to 2011, the cost basis of some assets is only known if the owner still has the records of the original purchase. Anyone one with a brokerage account (not an IRA which gets taxed differently) or investment properties needs to keep good records of their purchases and related expenses. While investment companies are finally doing their part, it will be years before all the investments purchased before 2011 with missing cost basis information are sold and people can throw out those shoeboxes of old statements. For anyone splitting up assets in a divorce, it is important to get the cost basis information during the divorce process. Make sure to get a statement of any investment account being split. Also make sure to get all the expense receipts for any investment properties that are being transferred. If you get this information during the divorce, you don’t have to go asking for it later only to find that the statements got thrown out during moving or mysteriously “disappeared”.
140196043-studio-portrait-of-young-man-contemplating-gettyimagesFor many, a significant portion of their post-divorce assets consist of a part of their former spouse’s company-sponsored retirement account. In order to split a company retirement account, the plan administrator of the pension, 401(k), 403(b) or other company retirement account requires a Qualified Domestic Relations Order (QDRO) or Domestic Relations Order (DRO). A QDRO or DRO is typically drafted by an attorney and signed by a judge. It directs the retirement plan administrator to divide the retirement account between you and your former spouse, in the manner specified by your divorce decree. Once the QDRO has been approved by the plan administrator, they will transfer your portion of the retirement account into a new account in your name, within the same plan. You will also receive information on how to cash out the account and have a check sent to you (a taxable event) or rollover the account into an Individual Retirement Plan (IRA) or another retirement plan in your name (a non-taxable event). A QDRO differs from a DRO in that it contains specific wording that is required under Internal Revenue Code and the Employee Retirement Income Security Act (ERISA) to divide a retirement account such as a 401(k) and 403(b). It is advisable to contact the plan administrator to obtain their QDRO model language before your attorney drafts the QDRO. Most company retirement plans have a template containing the language required to be included in a QDRO. DROs are more generic and do not contain the specific wording of a QDRO. Certain retirement plans (referred to as non-qualified plans), that do not fall under the ERISA jurisdiction, can be divided with a DRO. Note that a non-company IRA (e.g. Traditional IRA, Roth IRA, SEP IRA) does not require a DRO or a QDRO to be divided, but will require a letter of instruction detailing how the account is to be divided, along with a certified copy of the divorce decree. Typically, if you draw money out of a retirement account covered by ERISA early (prior to age 55 for a 401(k) or 59.5 for a 403(b)), you will be required to pay taxes AND a 10% penalty. However, in a divorce situation, if you were awarded money via a QDRO, you have the opportunity to take money out of a company retirement plan covered by ERISA, without the 10% penalty. Note that this withdrawal is considered taxable income and thus is subject to a mandatory 20% withholding for federal taxes and possibly state taxes too. It is very important to follow the process carefully when doing this; I highly suggest working closely with your financial planner or tax advisor. Lastly, keep in mind that dividing a company retirement account takes time. The QDRO model language needs to be obtained from the retirement plan administrator, forwarded to an attorney to draft the QDRO, which is then submitted to the retirement plan administrator for approval and division.
116029268-charity-donation-form-gettyimagesThe holiday season is when many people do a significant portion of their charitable giving for the year. Once you have decided which charitable organization to support and how much, you should also consider how to give that support. What I am getting at is that you can be charitable and tax-savvy by donating highly appreciated stock. Donating a highly appreciated stock or mutual fund is a great strategy for getting rid of an investment that you have been holding because you do not want to pay the capital gains tax. The beauty of donating “in-kind” some or all of a security holding is that you get the full charitable deduction without paying the capital gains tax. “In-kind” means that the investment is not sold, but is transferred as-is to the charity instead. This way you do not have to pay the capital gains tax, because you did not sell the investment. The charity will likely sell the investment to meet their funding needs, but as a non-profit organization, they pay no tax on the sale. The catch is that you have to have owned highly appreciated investment for more than one year. If you transfer an investment that you have owned for less than one year, you can only deduct your original cost in the investment and not the appreciation! Of course this strategy is a bit more complicated than writing a check. You will need to obtain account information from the charity as to where to transfer the highly appreciated investment. You will then need to contact you investment broker and direct them to transfer the investment to the charity’s account. It is not difficult though; most charities are more than happy to help and it is something that investment brokers handle for their client on a regular basis. The transfer has to occur by December 31st to qualify as a current year contribution. You cannot donate investments that have lost value and deduct their higher original cost. If your donation totals more than $250, the donation must be recorded – meaning that the charity must send you a written statement describing the donation and its value. You or your tax preparer will also need to fill out and include Form 8283 Noncash Charitable Contributions in your tax return, listing information about the charity and investment contributed. Despite the extra work, donating highly appreciated stocks or mutual funds can be a win-win for you and the charity. This holiday season think about sharing some of your investment success with your favorite charity instead of with the IRS in April.  
116029268-charity-donation-form-gettyimagesThe holiday season is when many people do a significant portion of their charitable giving for the year. Once you have decided which charitable organization to support and how much, you should also consider how to give that support. What I am getting at is that you can be charitable and tax-savvy by donating highly appreciated stock. Donating a highly appreciated stock or mutual fund is a great strategy for getting rid of an investment that you have been holding because you do not want to pay the capital gains tax. The beauty of donating “in-kind” some or all of a security holding is that you get the full charitable deduction without paying the capital gains tax. “In-kind” means that the investment is not sold, but is transferred as-is to the charity instead. This way you do not have to pay the capital gains tax, because you did not sell the investment. The charity will likely sell the investment to meet their funding needs, but as a non-profit organization, they pay no tax on the sale. The catch is that you have to have owned highly appreciated investment for more than one year. If you transfer an investment that you have owned for less than one year, you can only deduct your original cost in the investment and not the appreciation! Of course this strategy is a bit more complicated than writing a check. You will need to obtain account information from the charity as to where to transfer the highly appreciated investment. You will then need to contact you investment broker and direct them to transfer the investment to the charity’s account. It is not difficult though; most charities are more than happy to help and it is something that investment brokers handle for their client on a regular basis. The transfer has to occur by December 31st to qualify as a current year contribution. You cannot donate investments that have lost value and deduct their higher original cost. If your donation totals more than $250, the donation must be recorded – meaning that the charity must send you a written statement describing the donation and its value. You or your tax preparer will also need to fill out and include Form 8283 Noncash Charitable Contributions in your tax return, listing information about the charity and investment contributed. Despite the extra work, donating highly appreciated stocks or mutual funds can be a win-win for you and the charity. This holiday season think about sharing some of your investment success with your favorite charity instead of with the IRS in April.