Archive for September, 2010

Marital Trusts May Block Steinbrenner and Kluge Heirs Reaping Billions from 2010 Estate Tax Loophole

Even in a year of no federal death tax, top estate planners warn that marital trusts can cloud the issue. Not even billionaires may be able to pass on their wealth tax-free.

While even Forbes is grousing about how billionaires like John Kluge are cheating the IRS by dying during the federal death tax holiday, executors are still working overtime to get the heirs the best outcome no matter what happens in Washington.

Kluge, for example, amassed about $6.5 billion in his lifetime, making this self-made media baron the 35th richest man in America when he died on September 7.

Although the details of John Kluge’s will haven’t been made public, his lawyers would have at least thought about putting some or all of his taxable wealth into a qualified terminable interest trust (QTIP).

A QTIP is a form of marital trust that gives executors up to 15 months to choose whether to pay the prevailing estate tax liability — currently zero — or deferring the bill until the surviving spouse dies.

These trusts are traditionally favored in complex situations like Kluge’s (four wives, three kids) because they also limit the surviving spouse’s access to the underlying assets, but their flexibility has also made them popular tax planning vehicles.

“The control part is very important, but even totally harmonious families were using QTIP trusts purely for tax purposes,” explains Donna Barwick, a senior fiduciary officer at Wilmington Trust’s Atlanta office.

As far as harmonious families go, Kluge’s fellow billionaire George Steinbrenner was happily married to the same woman since 1956. But based on published reports, he probably put most of his $1.1 billion estate into a QTIP trust — not to keep Joan from spending their children’s inheritance, but for the tax treatment.

Smart planning in any other year?

Far from being the cut-and-dried billion-dollar windfall that Forbes and other publications are fretting about, the one-year repeal of the federal estate tax actually creates new headaches for blue-chip estate planners.

A lack of guidance from Washington is at the top. Unless Congress acts this year to change the rules, the estate tax is set to return January 1 at a maximum rate of 55% for all assets over $1 million.

Dan Rubin, a top estate planner at New York City law firm Moses & Singer, agrees that QTIP is probably the way for billionaires to go, but the details can be tricky

For one thing, no one knows for sure if the benefit of having no estate tax will in 2010 will be passed on when the spouse dies.

And the Kluge or Steinbrenner lawyers may not be able to defer the liability even if they wanted to.

“Normally in order to get the deferral, an election would need to be made on the estate tax return,” he notes. “With no estate tax on the books this year, there’s some question whether you can even make that election.”

Getting the better basis

Estate tax elections aside, simply having the assets in a QTIP-capable trust shields billionaire heirs from a bit of their future capital gains burden.

Although there’s no 2010 federal estate tax, the current basis rules mean that beyond a certain threshold ($1.3 million plus $3 million extra for spousal property) inherited property no longer “steps up” on the previous owner’s death.

A QTIP trust gets that spousal exemption while other forms of trust do not, Dan Rubin explains.

“If you rewrote a billionaire’s will in 2010 to exchange a QTIP trust and put in a credit shelter trust instead because you thought you no longer needed the marital election, you would be wasting $3 billion in basis allocation,” he says.

Rubin also notes the persistence of state estate taxes. As a Palm Beach resident, Kluge wasn’t worried about Florida taking a piece of his fortune, but George Steinbrenner’s lawyers did need to deal with New York’s tax code.

“Steinbrenner’s attorney is a close friend of mine,” says Donna Barwick. “My guess is that Steinbrenner’s estate was so well planned that this was not an issue. You could say that about any billionaire, no matter what the exemptions are in any given year.”

Visibility still hard to come by

For estate planners who are working with slightly smaller clients, the sad fact is that it’s already late September and nobody really knows whether the estate tax will reset 2-1/2 months from now with an exemption of $1 million, $5 million or somewhere in between.

Senator Mitch McConnell (R-Kentucky) has introduced a bill that would “patch” the tax code and reset the estate tax (and the capital gains treatment of inherited assets) at 2009 levels.

But McConnell aide Don Stewart tells The Trust Advisor he isn’t holding his breath for any progress on the bill before the November election.

A lame duck Congress may go either way. On one hand, a $1 million exemption will generate extra revenue for a cash-starved government. But on the other, exposing upper-middle-class families to an added tax burden is still extremely controversial in Washington.

However the new rules end up, the prospect of making them retroactive to the start of 2010 looks slim. Every billionaire that dies only raises the odds that any attempt to tax these huge inheritances will end up in years — maybe decades — of litigation.

If so, even the best executors have a lot of work ahead of them.

Scott Martin, contributing editor, The Trust Advisor Blog. Steven Maimes contributed to the research and reporting.

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Expert Says Banks No Longer Key Player in Personal Trust Business

New Tiburon report shows independent trust firms ahead and winning the race for profitability and amassing personal trust assets. Warns banks to wake up and change or lose big.

A generation ago, banks had an iron grip on the trust business, but according to recently released research from San Francisco research firm Tiburon Strategic Advisors, that once-commanding position is a lot weaker today.

“Banks have lost huge market share in terms of consumers’ assets,” says Tiburon managing principal Chip Roame, who says banks are spending too much time optimizing a “dead” business model.

The latest Tiburon estate planning report indicates that banks still control 40% of personal trust accounts. However, that share is concentrated in relatively high-end irrevocable trusts, which are both expensive to administer and hard to capture from competitors.

Revocable trusts now account for about two thirds of the $6.8 trillion in personal trust assets out there, and this is Tiburon where finds that brokerage trust operations and true independent trust companies dominate the market.

Parallels from the advisory business

Most of the early push in this direction came from the brokerage channel, the Tiburon report explains.

Historically, rather than refer client assets to banks and lose the business, the national wirehouses and some regional firms built or bought in-house trust units, while others found banks to partner with.

But this has been a bad decade for the wirehouse model. Full-service brokerage firms saw their controlling share of U.S. wealth contract from 43% to 27% from 2000 to 2007 alone, and the losses intensified after Bear Stearns and Lehman Brothers imploded two years ago.

At this point, the independents and online trading platforms now have a bigger share of the market than the wirehouses—and they want to work with independent trust companies.

“Both independent reps and fee-only financial advisors have taken significant share of assets under management from the banks and full-service brokers,” Roame explains.

“These independent advisors found that as their clients aged, they needed a trust solution. The independent trust companies emerged to fill that need.”

As a result, Roame says the ability to offer directed trusts is a key competitive factor.

“Independent advisors want to manage the money and just hire a trustee for 20 to 30 basis points,” he says.

Boutique operations can shine

Thanks to directed trust, technology and new business models, the number of non-bank competitors that Tiburon tracks has quintupled in recent years.

Because most are start-up operations, these next-generation trust companies tend to be small compared to their counterparts in the banking world.

Trust Performance Report editor Bernard Garbo, who just released a new benchmarking survey on industry assets, says few truly independent trust companies will ever accumulate over $1 billion in assets.

“I see the independents as boutique operations,” he explains. “They tend to stay at mid-size to small because the successful ones generally focus on one or two specific areas of the market.”

Garbo’s most recent numbers support the Tiburon report’s longer-term findings. So far this year, the fiduciary industry gained 10 institutions at the true start-up level, where firms have under $500 million under administration apiece.

Meanwhile, the number of players in the bulge bracket and up—over $1 billion, representing most of the big banks—shrank by about 10%.

Profitability favors the independents

While industry leaders like BNY Mellon and State Street aren’t going away any time soon, the giants are also having a hard time gaining ground in terms of signing accounts and squeezing revenue out of the assets they already have.

Not counting State Street, which reported a spectacular 29% increase in fiduciary assets, on average the top 20 fiduciary institutions (over $100 billion under administration) actually lost 2.7% of their assets last quarter.

The smallest fiduciaries, on the other hand, managed to grow a little.

And when it comes to monetizing those new accounts, the independents definitely have the edge, Garbo says.

“They know their market and are going for it instead of trying to do all things poorly,” he explains. “As a result, they tend to show a higher return on their assets than most bank trust departments.”

Although directed trust may be the secret to growing an independent trust operation, wealth management remains the sweetest slice of the business.

The smaller a trust company is, the more of its fiduciary assets it tends to manage in-house—charging a management fee in the bargain.

As a result, while the Citibanks of the world may oversee several trillion dollars in assets, they only generate 1 or 2 basis points a year on that massive cash hoard.

Meanwhile, smaller players like Bessemer Trust can comfortably generate 30 to 40 times as much fee revenue per dollar in trust.

Without the deep pockets of a depository institution to fall back on, independent trust companies are simply “a bit more price conscious,” in Garbo’s experience.

“When you’re independent, you have got to make money if you are going to survive,” he explains. “There are definitely some bank trust departments that have picked up on that model, but they’re still a little behind.”

Scott Martin, contributing editor, The Trust Advisor Blog. Steven Maimes contributed to the research and reporting.

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Trust Firm Launches “Directed Trusts Made Simple” Campaign

Wealth Advisors Trust Company gives advisors a crash course in how to provide a full range of trust services without losing their best clients to the competition.

In the past, trust companies and independent investment advisors have had an uneasy relationship at best. But now, with about $41 trillion at stake as the Baby Boom retires, the stakes have never been higher — and directed trusts are emerging as a way to let everyone win.

South Dakota-based Wealth Advisors Trust Company is one of a new generation of independent trust companies that cater exclusively to the investment advisors themselves.

But as the firm’s co-founder Christopher Holtby told us, “We are finding that advisors and clients alike simply don’t understand how trusts work.”

He added, “In order for us to do our job right, we need to make sure that our client’s and the advisors we work with understand the basics of how trusts work.”

Wealth Advisors published a new special report, “Directed Trusts Made Simple,” that tells advisors everything they need to know about how these vehicles work and why they reduce friction between advisors and traditional trust companies.

You can receive a complimentary copy here, click here.

Wealth Advisors Trust retained Mass. based, Financial Marketing Associates to help produce the report and launch an email marketing campaign to estate planners and advisors. “Directed Trusts is the first in a series to come,” Holtby promises.

After an overview of how traditional trust accounts work and how directed trusts are different, authors Christopher Holtby and Chuck Sharpe (now the president of Wealth Advisors Trust) focus most of the discussion on the nuts and bolts of bringing trust services into an investment-based practice.

Holtby and Sharpe have good, actionable advice on everything from how to pick a trust company for your client to how to integrate trust into your prospecting activities.

While they probably wouldn’t mind if readers used Wealth Advisors Trust exclusively, they recognize that there are a lot of directed trust companies out there and that the important thing is finding the right client-trustee-advisor fit.

In fact, some of the best advice in the white paper is on how to interview prospective trust companies to make sure an individual client gets the best possible service.

No need to compete with advisors

Directed trusts formally split the duties of running the trust from the responsibility for managing the assets in it.

The trustee handles the complex paperwork and earns an administration fee. The investment manager — usually the advisor who suggested that a client open the trust in the first place — keeps control of the investment account.

Because the advisor isn’t losing the assets, this arrangement eliminates a lot of the internal conflict that putting client assets into trust used to entail.

On the one hand, wealthy clients can reap big benefits from shielding their money from estate and income tax or from creditors.

But on the other side of the coin, advisors were understandably reluctant to refer their best accounts to full-service trust companies that have built up aggressive in-house wealth management teams of their own.

However, directed trust companies like Wealth Advisors Trust are happy to handle the trust side of the business and leave the investing to the specialists. In fact, very few even have the ability to manage the investment side even if they wanted to do so.

Scott Martin, contributing editor, The Trust Advisor Blog.

To receive a copy of the report, click link belowhttp://www.thetrustadvisor.com/email/scripts/watc_sr_requests_subscribe.html

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How Provident Trust of Nevada Went from Zero to $750 Million in 24 Months

Founder Theresa Fette’s marketing machine seems to be generating income faster than the federal government can spend money. Her institution’s rags-to-riches story will inspire big and small trust firms alike.

Three years ago, tax lawyer and entrepreneur Theresa Fette was not expecting to become the CEO of one of the most successful trust firms in Nevada.

Today, she’s running Las Vegas-based Provident Trust Group, which has evolved into a $750 million trust company. The average trust account is in the $50 million range, the company is inking huge 1031 exchange deals and high-end lawyers from around the country keep calling in to place assets.

All of this comes from an opportunity that fell into place two years ago when Trust Company of the Pacific (TCP) lost its trust license after getting on the wrong side of the Nevada banking regulator.

When TCP’s owner P. Sterling Kerr, a prominent Las Vegas attorney, saw the writing on the wall, he contacted Fette and made a deal to sell all 7,000 of his company’s now-refugee accounts—crown jewels valued at nearly $300 million—to her group.

The problem was that Fette had no immediate home for the accounts. As a tax lawyer, she could not just pull a trust charter out of her hat, but after lining up a holding company and support from the Nevada banking regulator, within a few months Provident Trust was up and running.

With some of the best and the brightest people in the industry on her team and 7,000 accounts already in place, there was no question the day the operation opened its doors, it was pulling a handsome profit.

Today, Fette is not too shy about discussing the enormous success her trust firm has experienced after that jump start. Having more than doubled its assets under administration, Provident has also expanded its trust product offering to include retirement accounts, alternative assets and the highly sought-after Nevada asset protection trusts.

The Trust Advisor Blog asked Steve Oshins, one of Nevada’s best-known estate planning attorneys, if he had ever heard of Fette and Provident. He said no.

“In a small community of Las Vegas, you’d think we’d know each other, considering that we’re both in the same industry,” he says. “But she’s obviously smart because she contacted you to gain attention for her trust firm’s success story.”

Networking is key

Provident has kept a fairly low profile because just keeping up with word of mouth has kept the team busy.

“There really hasn’t been any advertising,” Fette says. “We network with members of the legal and financial advisory community and that’s our biggest source of referrals.”

One big plus with the advisors: As a strictly directed trust operation, Provident Trust doesn’t offer in-house wealth management services, so there’s no worry that it will try to poach client assets.

“We see all the trouble come when people try to dip their hands in too many buckets,” she says. “And how truly independent can a trustee be if you’re also managing money?”

Good point! And for many trust firms wrestling with conflicts of interest and unbundling trust fees to comply with Knight vs Commissioner, she might be right on the money.

Speaking of networking, Fette is one of the younger members of the trust community. A few months ago, the M&A Advisor Network flew her to Los Angeles for a black tie gala to honor her and other under-40 movers and shakers in the advisory world.

Flat fee for small accounts

We found one aspect of Provident’s business model especially intriguing. Under their self-directed IRA banner, they take relatively small-sized accounts ranging from $50,000 to $100,000.

This is not the norm for most trust firms, which tend to prospect for accounts north of $5 million. Provident’s key to success is charging these relatively low-maintenance IRA customers a flat $395 a year for providing custody service no matter how much—or how little—money is in the account.

Naturally, for a $50 million dynasty trust, $395 per year wouldn’t work, but Provident’s normal basis point billing structure ensures that taking care of those larger accounts remains a profitable enterprise.

When you work the math out, 8,000 accounts times $395 means you’re billing over $3 million a year. And in a world where retirement accounts are relatively dormant most of the time, both risk and turnover are comparatively low.

With ideas like that, coupled with the team’s stellar reputation, it’s clear that Provident will be well over $1 billion in assets shortly.

Scott Martin, contributing editor, The Trust Advisor Blog. Jerry Cooper and Steven Maimes contributed to the research and reporting.

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