Posts Tagged alaska trust company
Who’s Charging What for Trust Services?
Posted by Scott Martin in News on April 3, 2010
Trust fees are headed higher according to our pricing survey completed this week. Some firms work strictly from a rate card. Others decide what your client will pay when the business is placed on the table. Either way, it’s good to know what the “market value” of trust services.
There’s still a fair amount of mystery surrounding exactly what’s baked into each of those basis points.
“It’s never as simple as just lining up the fees,” says Mike Flinn, a Phoenix-based trust consultant at Advisory Trust Company. “Once you start drilling down into the basis points, it becomes pretty clear that different firms really do different things,” he added.
To find out where the sizzle hits the steak for various types of trust company, The Trust Advisor Blog conducted a survey below of what they’re charging.
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Who’s Charging What for Trust Services |
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|
Trust Company |
State |
Trust account minimum |
Minimum annual fee |
First $1 million |
Next $2 to $3 million |
$3 to $5 million |
Above $5 million |
|
DE |
$500,000 |
$3,000 |
0.50% |
0.40% |
0.30% |
0.25% |
|
|
DE |
$1 million |
$6,000 |
0.60% |
* |
0.45% |
Neg. |
|
|
NH |
None |
$3,000 |
0.90% |
0.55% |
0.45% |
0.35% |
|
|
IL & |
$5 million |
$20,000 |
0.40% |
0.40% |
0.40% |
0.20% |
|
|
GA |
None |
$3,000 |
0.60% |
0.35% |
0.35% |
0.35% |
|
|
NM |
None |
$4,000 |
0.75% |
0.75% |
0.50% |
0.35% |
|
|
NV |
None |
$1,000 |
0.50% |
0.50% |
0.50% |
0.40% |
|
|
NV |
$100 |
$100 |
1.00% |
0.80% |
0.70% |
Neg. |
|
|
SD |
None |
$4,000 |
0.50% |
0.50% |
0.42% |
0.35% |
|
|
DE |
$1 million |
$8,000 |
0.60% |
0.40% |
0.40% |
0.25% |
|
|
* Breakpoint is $2 million. NOTE:Accuracy is not guaranteed. Please consult the institution directly to confirm costs. The Trust Advisor Blog realizes that this is not a comprehensive list of all firms. To make sure your institution is included or excluded in the July 2nd edition of this survey please let us know. We will be expanding coverage; please also include any other services offered such as investment management, special purpose trusts, HSAs, etc. Advisors and estate planners may reproduce this survey upon request. To contact us, click here. |
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Source: Websites and telephone interviews. ©2010 TheTrustAdvisor.com |
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The Basic Account
One thing we discovered: if you just want a no-frills account, Flinn adds, it’s probably going to cost at least $3,000 a year. “That’s really the minimum anyone can comfortably charge.”
“Maybe $2,500,” he conceded. “But at that level, it’s going to be very difficult to stay in the business.”
While $3,000 happens to be what Advisory Trust charges on the low end, it does seem to be an informal sweet spot within the trust industry. Other companies that start at that level include New Hampshire Trust and Georgia-based Reliance Trust.
There are companies that charge small accounts less (Nevada’s Summit Trust will go as low as $100 a year), but plenty start their fees at $4,000 and up. It all depends on the size of account they’re courting and what makes economic sense, Christopher Holtby, president of Wealth Advisors Trust Company, told me.
“Hitting the sweet spot is part art, part science,” he explains. “There are very specific things that every trust has to do, and everything else is extra.”
Good scale for big fish
Northern Trust doesn’t publish its fee scale, but president Dan Lindley was kind enough to give The Trust Advisor a peek.
Although the $20,000 minimum fee looks steep at first, it makes a lot more sense when you consider that Northern Trust isn’t really interested in personal directed trust accounts with less than $5 million in assets. For a client with that kind of wealth, the $20,000 translates into at most 40 basis points a year—pretty low by industry standards.
(Really big clients get institutional-strength discounts. Once a Northern Trust account grows beyond $30 million, the company will only charge 5 basis points: $500 a year per $1 million.)
The upshot is that by concentrating on high-end clients, a white-glove firm like Northern Trust can build a lot of sizzle into its steak, even though the cost per dollar of AUM is comparable to what bare-bones vendors charge.
“Northern Trust in Delaware charges a reasonable, competitive fee and in return provides comprehensive services to our directed trust clients backed by more than 120 years of experience as a fiduciary,” Lindley told me.
Other high-end trust companies argue that at this level, it’s pointless to advertise your fees because high-net-worth clients and their advisors are happy to pay for the service.
Some vendors refused to participate in the survey because they either work on an a la carte basis (Alaska Trust) or figure out what to charge once they see the trust paperwork (Commonwealth Trust). As Alaska Trust founder Douglas Blattmachr told me, it’s pointless to advertise how much a generic offering would cost when the fact is that at this level, one size fits none.
“It really does depend on what the client wants us to provide,” he says.
When asked to present a benchmark, he estimated that a relatively bare-bones Alaska Trust account might charge 50 basis points a year or an annual minimum of $3,500. That’s about where vanilla Commonwealth trusts start, Jim McMackin, who runs the company’s marketing, told me.
Splitting smaller pies
Naturally, it’s going to cost extra if the trust company also manages the underlying assets. But there are a lot of vendors out there that are happy to offload the investment responsibilities and knock a bit off their fees in return.
Companies like Wealth Advisors Trust, Advisory Trust and Santa Fe Trust, cater exclusively to investment advisors looking for a place to refer their clients who need to open a trust.
Account minimums tend to be relatively low—Wealth Advisors Trust and Santa Fe Trust can theoretically start a trust with as little as $1—but expenses can be a little higher to cover the fixed cost of administering these tiny trusts.
For example, Santa Fe Trust accepts very small accounts, but according to its published fee scale it will still charge them at least $4,000 a year. At an annual fee of 75 basis points, this suggests that a trust really needs to have more than around $533,000 in it to “earn out” that $4,000 minimum fee.
By comparison, Wealth Advisors Trust’s scale “earns out” at a slightly higher level ($800,000 in the account), which indicates that its platform is built to support a somewhat more affluent clientele. Others on our list (Advisory Trust, Reliance, Saturna, New Hampshire Trust) justify their minimums at lower levels.
Whatever happens, says Kathy Roberts, the CEO of Santa Fe Trust, small accounts shouldn’t be loss leaders.
“We don’t take a trust that isn’t going to be profitable,” she told me. While she’ll take on a tiny trust if the grantor insists, she warns that advisors should recognize that the trust company will pass on the cost of running it and sometimes it just doesn’t make sense.
Where we go from here
Most of the people I talked to say the cost of running a trust has already gone about as low as it can go.
Mike Flinn from Advisory Trust and Douglas Blattmachr of Alaska Trust agree that the cost of fiduciary compliance and routine service probably isn’t going any lower than around $3,000 per trust any time soon, especially given the current trend toward higher regulation.
“It’s expensive to be a fiduciary,” Blattmachr acknowledged in our conversation. “So that provides a floor on what people can offer.”
But beyond that level, technology keeps improving and letting efficient trust companies bring down their overall cost proposition. Blattmachr says low-end players can use technology to better serve the mass market. Kathy Roberts of Santa Fe Trust agrees.
Either way, Christopher Holtby of Wealth Advisors Trust told me that there’s always room for enthusiastic competitors.
“Wherever fees go,” he says, “there are going to be a lot more entrants in the trust service business.”
Scott Martin, contributing editor, The Trust Advisor Blog. Steven Maimes contributed to the research and the editing.
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Do You Own an Apple iPad?
The Trust Advisor will be publishing an upcoming article on wealth management applications for the new Apple iPad device.
I have seen the device and its amazing. Forbes reported that Apple sold between 600,000 and 700,000 iPads today alone.
We would like to include any comments our readers have about their experience with the device, either good or bad and what applications they may be using.
Click this link to submit your iPad comments
Thank you — Jerry Cooper, Sr. Editor, the Trust Advisor
Would an Asset Protection Trust Work for Tiger Woods?
Posted by Scott Martin in News on February 19, 2010
Alaska practitioner claims asset protection trusts are good advice in marital disputes. But others disagree.
If Tiger Woods is lucky, coming clean about all those affairs will help him salvage his marriage. But if he and Elin split up anyway, apologizing might at least have earned him some time to shelter his hard-won $600 million fortune from the divorce court.
Estate lawyer David Shaftel of Anchorage, Alaska says that even people who’ve been married for years can set up an asset protection trust. “We can do them after the marriage,” he told The Trust Advisor.
Community property laws can raise questions about trusts funded with marital assets without spousal consent, Shaftel says, but since Tiger lives in Florida, a non-community property state, there’s no problem. He doesn’t need his wife’s consent to fund the trust, and his wife’s lawyers would have a hard time touching his assets as long as he keeps enough cash on hand to meet the terms of the prenuptial agreement.
Once the assets are in the trust, he no longer has the keys to the safe and can tell the court that he doesn’t have access to the money. If she divorces him and can get what he’s already promised to settle on her, he’s home free. The asset protection trust did its job.
Needless to say, the public probably wouldn’t like the idea of him shielding his assets from the court using the trust. Personal finance gurus like Jean Chatzky—who loves prenuptial agreements for being less “cold-blooded”—bristle at the notion.
“When they’re used in that way, I find trusts sneaky and underhanded,” one Chatzky column warned Money readers. “A well-executed prenup or post-nup will do the same thing.”
Before the Honeymoon Even Starts
For better or worse, Tiger’s original prenup reportedly gave Elin $20 million if she stayed with him through 2014; rumor has it he’s since sweetened the deal substantially to keep her from walking out. Estate lawyers around the country say their clients who don’t want to follow in his footsteps are showing a lot of interest in asset protection trusts before walking down the aisle.
“I’ve probably set up as many asset protection trusts as I have prenuptial agreements since we had the trust option,” Bryan Howard, a founding partner of Nashville, Tennessee estate planning firm Howard & Mobley PLLC, told The Trust Advisor.
“More than half of the 20-somethings don’t do prenuptial agreements any more. Protecting these assets is just not something that occurs to young kids. But it definitely occurs to their wealthy parents.”
In fact, Howard says his clients are so enthusiastic about these trusts that they’re setting them up for the kids before that special someone is even in the picture. Unlike a traditional prenup, which requires a bride or groom to sign the papers, an asset management trust can be created early on and then filed away; even if the kids elope, the assets are safe.
This sort of preemptive divorce protection works well for Shaftel too. Since so many couples prefer not to talk about the money, getting the transaction out of the way before they’re even a couple keeps it from getting bogged down in personal issues or questions of marital consent.
Opinions vary as to whether couples need both a prenup and a trust. Howard has a belt and suspenders philosophy and recommends both types of paperwork for his clients if possible. He argues that a prenup provides a useful structure for discussions about alimony—Tennessee trusts are vulnerable if payments are delinquent—and wealth that the couple may acquire during marriage.
Alaska, Nevada and Beyond
If Tiger’s lawyers decide he needs a trust, where should they go? In most asset protection states, spouses are “exempted creditors,” which means that they can get around the protection that trusts normally provide. But in Alaska and Nevada, an ex-spouse is considered just another creditor, says Douglas Blattmachr, founder of the Alaska Trust Company.
“We’re one of the only states that I’m aware of that doesn’t have that special class of creditor,” he told me. “In Delaware, there’s a whole string of creditors that can get the assets. Same with South Dakota.”
It’s a relatively minor difference, but one that still drives some out-of-state trust traffic to Alaska, says Blattmachr, who knows the state’s statutes better than most. His brother drafted the law that opened the state up to independent trust companies in the first place.
Alaska offers confidence when it comes to estate tax treatment. As of July 15, the IRS resolved a gray area in the tax code by confirming that the state’s self-settled spendthrift trusts—the formal name for these vehicles—are in fact exempt from estate tax even though the grantor can still draw on them as needed.
Both Blattmachr and Anchorage attorney David Shaftel agree that this “sweet spot” between favorable tax treatment and accessibility in an emergency helps to create a lot of interest in Alaska-based trust structures.
“It’s become almost a default technique here,” Shaftel told me. “People are much more comfortable gifting or selling assets to the irrevocable trust if they can enjoy the psychological security of knowing they can draw on these assets if they need them.”
“Hell No!”
Another, often overlooked benefit of the trust environment in states like Alaska and Nevada where divorce planning is concerned: These trusts protect the family’s assets not just for the current generation, but for centuries. In other words, even if the kids or grandkids make a terrible match, the trust remains secure.
“In the estate planning field, the creditor the older generation is most concerned about is the ex-spouse if a child gets divorced,” Shaftel said. “Is that inheritance going to be divorced and given to the ex? That’s a very high driver of interest.”
Blattmachr sees this too. “That one-in-two chance that a couple will get divorced applies to future generations as well. Do you want your ex-son-in-law to get your assets? Whenever I ask a couple that, they say ‘Hell no!’ Whatever happens with the estate tax, that ‘Hell no’ will be with us always.”
Tiger’s kids aren’t old enough to worry about, but with $600 million on the line, it’s a good bet the family lawyers are at least thinking that far ahead.
Scott Martin, contributing editor, The Trust Advisor Blog. Steven Maimes contributed to the research and editing.
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