#insurance

If you are in the minority of Americans who are contemplating purchasing another home as a rental property or already own a rental property, you are probably doing fairly well in life to be in that position. Without running the numbers on your financial situation, the main question that we hope that you have the answer to is, “What happens to me financially if someone sues me?”. If your answer is anything other than “My household and personal assets are protected and I will be fine”, you hold your financial plan under the microscope and find out where the gaps in your financial plan are. Asset protection strategies like purchasing an umbrella insurance policy or putting your current or future rental property(ies) in an Limited Liability Company (LLC) can help fill in those holes in your financial plan. I’m sure that you worked hard to be in the position financially you are in today and would hate to see your success derailed by a car accident that was your fault or a tenant slipped and fell in your rental home and sued for damages. Let’s walk through a summary of how an umbrella policy and an LLC are used and how they can benefit you.

Umbrella Insurance

An umbrella policy is a type of insurance that is sold in increments of $1 million of coverage and is relatively inexpensive at around $20-40 per month per $1 million of coverage. If we take the example of a car accident that was your fault, the person you hit may not have good health insurance and may require substantial medical bills. If your auto insurance coverage is only good for $500,000, you are personally on the hook for the remainder. Think of auto insurance as a bucket, the money needed to pay the injured person’s medical bills as water, and umbrella insurance as an upside-down umbrella underneath the bucket. Assume that the total cost to make the injured party whole is $750,000. Let’s assume that your auto insurance coverage is only good for $500,000 and in one scenario you have a $1 million umbrella insurance policy and in the other scenario, you do not have umbrella insurance. The diagram below illustrates what happens to you in each case.

I assume that if this was you, you would rather be the person on the left who is dry, thanks to the umbrella policy stepping in and paying the additional $250,000 than having to come out of pocket personally for the $250,000. The person on the right may not have $250,000 in cash to be able to account for this cost and may have to sell stocks in investment accounts, take out a personal loan, or sell a rental property to cover the cost and could end up owing more than $250,000 in the long run due to taxes or loan repayments. This can be costly to your long-term financial goals and could have been resolved with a relatively inexpensive insurance policy.

Limited Liability Company (LLC)

A Limited Liability Company (LLC) is an entity that you can establish to allow you to have your rental property(ies) transferred to the LLC to separate your personal property from your rental property(ies). Assume that you have a tenant who slips and falls down your staircase because you didn’t repair the railing after an inspection. The tenant can then sue you for negligence. If that tenant decides to sue you and you have an LLC set up, the tenant is only suing the LLC and cannot go after your personal property. If you do not have an LLC set up, the tenant can also go after your personal property.

Another nice thing about umbrella insurance is that it can also be used to help cover legal damages incurred from a lawsuit at a rental property up to the coverage limits of the umbrella policy. Unlike umbrella insurance, setting up an LLC or multiple LLCs can be expensive to establish and administer. In California, there is an annual $800 fee that must be paid each year until you cancel your LLC. We also recommend that you go to a reputable attorney to establish the LLC and attorney fees can range from a few hundred dollars to a few thousand dollars. Properties owned outside your state of domicile might also require a separate LLC for each state you own real estate in.

Summary

The exact amount of umbrella coverage and whether or not an LLC is appropriate in your situation depends on your unique financial situation and if you are unsure of how to implement these asset protection strategies, our team of CFP® professionals at BFSG can diagnose your financial plan to help determine what asset protection strategies are appropriate for you. Please feel free to reach out to us at financialplanning@bfsg.com or give us a call at 714-282-1566.

Sources:

1. https://www.bankrate.com/insurance/homeowners-insurance/home-ownership-statistics/#stats
2. https://www.ace.aaa.com/insurance/personal-umbrella-insurance.html
3. https://www.investopedia.com/articles/investing/121015/real-estate-trust-or-llc-helping-landlords-choose.asp

Disclosure: BFSG does not make any representations or warranties as to the accuracy, timeliness, suitability, completeness, or relevance of any information prepared by any unaffiliated third party, whether linked to BFSG’s website or blog or incorporated herein and takes no responsibility for any such content. All such information is provided solely for convenience purposes only and all users thereof should be guided accordingly. Please remember that different types of investments involve varying degrees of risk, and there can be no assurance that the future performance of any specific investment or investment strategy (including those undertaken or recommended by Company), will be profitable or equal any historical performance level(s). Please see important disclosure information here.

(This is the fourth article in a four-part series. Click here to read Part 1, Part 2, and Part 3.)

By:  Henry VanBuskirk, CFP®, Wealth Manager

Everyone’s had that story of their friend or family member that said they got shafted by some seedy financial advisor. However, there is a huge difference between what is legal and what is ethical. The majority of these “seedy” financial advisors are still following the law as constructed, but unfortunately, most of the time it’s up to you to ask questions and know what you’re buying even when buying a product as intangible as financial advice. It’s important to work with a team that is legally required to act ethically and know that they are in danger of losing their business and professional licenses if they don’t put your interests ahead of their own.

Take, for example, Mr. and Mrs. Impulsive. They are emotionally driven decision-makers that have $200,000 across investment accounts and bank accounts and spend $100,000 per year. Mr. and Mrs. Impulsive make $120,000 per year but are under duress since they want to pay for their 5-year-old’s college tuition in the future and aren’t sure how. On a whim, Mr. and Mrs. Impulsive meet with a financial advisor her friend recommended and he recommends buying a $750,000 cash-value life insurance policy and paying for the future college tuition through cash-value loans on the life insurance policy. There are no mentions of alternative savings vehicles for minors, such as 529 plans or UTMA accounts, just a life insurance illustration. The specifics on why the life insurance recommendation is not appropriate are not important for purposes of this whitepaper, but what is important is to illustrate why the recommendation may have been made in the first place (the example I am using is based on a real client we met with recently). Here are two pages of the illustration that illustrates why:

If your eyes glazed over these diagrams and the Charlie Brown Teacher “wha wha whaaa wha” started going off in your head, don’t worry. The reason this recommendation is most likely not appropriate is simple. Notice the TP and Target Premium numbers of $20,078. That’s how much the financial advisor would be paid upfront in gross commissions if the client agreed to move forward with the life insurance recommendation. The insurance agent would then get a residual gross commission of around 2% ($401.56/yr.) or so after the first year. Not a bad payday for a couple of hours of work and usually explains why it is generally hard to have ongoing life insurance servicing 5+ years later. Also, Mr. and Mrs. Impulsive would have to pay $53,018.81 for 7 years to fund this policy and they won’t have the liquid cash available to do so. Some other alternatives to save for college are a 529 plan or a UTMA account, which can be done for a fraction of the cost. Note: BFSG does not sell any product, nor do we receive any compensation from any source other than our clients. This helps us strive to always put our clients’ interests first and to remain objective. 

Annuities:

Mrs. Impulsive knows that she needs to talk to her husband before signing the paperwork.  Mr. Impulsive during their conversation thinks about their plans to retire in 10 years but is concerned about the current market volatility.  He likes the sales pitch by the financial advisor and decides to meet with him to discuss this. The financial advisor asks, “Did you want to move forward with the life insurance recommendation?”. Mr. Impulsive says, “Mrs. Impulsive and I need more time to think about this. I wanted to ask you about our retirement plans in 10 years, but I am concerned about market volatility.  Do you have any suggestions?”. The financial advisor then proceeds to recommend moving $200,000 to a Fixed Indexed Annuity and taking withdraws from it in 10 years. The financial advisor exclaims, “The withdrawals of $10,935 would be guaranteed for the rest of your life. Keep in mind that you would be subjected to surrender charges if you took more than 10% of the contract value in any one year within the first 10 years (this is called a surrender schedule).”. Here is an illustration (again a real client situation).

Again, the reasoning why the recommendation may not be appropriate is just as important as why the recommendation may have been made. A fixed indexed annuity commission is paid out in schedules that the advisor chooses. Since the annuity is a 10-year annuity, the commission schedule is 10% over that 10-year period and most likely would be one of the following schedules (as permissible by the insurance agent’s brokerage firm). The annuity commission over a 10-year period is 10% regardless of what Schedule is chosen:

1. Schedule A: 10% upfront gross commission and no trailing gross commission
2. Schedule B: 7% upfront gross commission and 0.333% trailing gross commission starting in year 2
3. Schedule C: 3.5% upfront gross commission and 0.667% trailing gross commission starting in year 2
4. Schedule D: 1% upfront gross commission and 1% trailing gross commission starting in year 2

The calculus on which Schedule the agent wants to choose is frankly dependent on how long the agent actually wants to work with the annuity purchaser. Annuities, like cash value life insurance, are not inherently bad recommendations, but they are typically oversold since they are easy money for the agent or advisor selling them. The financial advisor didn’t mention that annuities can come in the form of advisory annuities, where no commissions are paid out and the advisor is paid based on an agreed-upon percentage of the annuity’s account value and there is no surrender schedule.  The financial advisor might not be properly licensed to sell advisory products, so this might be the reason why this was not mentioned. In any case, Mr. Impulsive stops thinking with his amygdala and starts utilizing his frontal lobe. He tells the financial advisor, “So let me get this straight.  For meeting with us for 4 hours, you’re about to make at least $40,078 off of us if we sign this paperwork. Thanks, but no thanks. We will find a different financial advisor to work with.”.

Mr. and Mrs. Impulsive then learn that there are alternative methods for saving for retirement. They also learn that crafting a comprehensive financial plan can help indicate how to save for retirement in a realistic way and how aggressive or conservative you want or need to be. The issue with annuities is advisors that pigeonhole everyone nearing retirement to make them buy an annuity or obfuscate the story to make it seem like the prospective client has to be conservative near retirement in order to make their financial plan work. This leads to advisors who overuse and oversell the annuity, leading to upset prospective or current clients that may have never needed an annuity in the first place. This is not illegal, just unethical from our point of view. To distance ourselves from this potential conflict of interest, BFSG does not sell annuities or life insurance.

Key Takeaways from this Series:

The problems that we’ve addressed in this series are:

• Advisors sometimes do not know the ramifications of the advice given.
• Clients sometimes do not question the validity of advice received.
• Clients not understanding how the person giving the advice gets paid. 

Comprehensive financial planning is a meticulous, collaborative process between planner and client. If you’ve seen yourself in one of the examples we listed in this series, we offer you to reach out to us for a complimentary financial planning meeting so we can discover what your unique needs are, what assets you have to work with, and how realistic your financial goals are. We offer objective advice and are a fee-only RIA. We do not sell any product, nor do we receive any compensation from any source other than our clients.

We are a team of CFP® professionals, CPAs, CFA® charterholders, and PhDs ready and willing to help you on your journey.  We look forward to working with you to help you achieve your financial goals and grow our wealth of financial planning knowledge with you.

Disclosure: BFSG does not make any representations or warranties as to the accuracy, timeliness, suitability, completeness, or relevance of any information prepared by any unaffiliated third party, whether linked to BFSG’s website or blog or incorporated herein and takes no responsibility for any such content. All such information is provided solely for convenience purposes only and all users thereof should be guided accordingly. Please remember that different types of investments involve varying degrees of risk, and there can be no assurance that the future performance of any specific investment or investment strategy (including those undertaken or recommended by Company), will be profitable or equal any historical performance level(s). Please see important disclosure information here.

By:  Paul Horn, CFP®, CPWA®, Senior Financial Planner

At one point in my professional career, I sold insurance policies. I always joked that though I was raised a gentleman, I had to ask women the two things you are never supposed to ask, “How old are you?” and “What is your weight?” Luckily, we do not sell insurance at BFSG, which has saved me from having more of these awkward conversations.

When insurance makes sense:

Our clients’ insurance needs can vary from life, disability, long-term care, umbrella liability, medical, or even to business insurance. Insurance at its core tries to make you “whole” when a catastrophic event occurs. Simply put, when something major in life happens, insurance is supposed to provide enough benefit for the victim to maintain the same standard of living they enjoyed before the unfotunate event occurred.

When to avoid insurance:

Insurance products are not designed to be investment products. They are designed to solve a problem. Unfortunately, unscrupulous salesman pitch insurance as an excellent investment vehicle for retirement. If anyone pitches insurance as an investment, you should see nothing but red flags.

What to consider when looking at insurance:

Every insurance discussion is best held in the context of one’s comprehensive financial plan. Any discussion should be framed around two very simple questions:

If something happens, can you afford to pay the bill?

As we already stated, the idea of insurance is to make you “whole” if a catastrophe occurs. A very common example is, if a spouse dies prematurely, can the surviving spouse and kids maintain the same standard of living? If you do not have enough assets to handle the circumstances on your own, then insurance is needed.

If you do have sufficient assets, then I like to ask a second question:

If something happens, do you want to pay the bill or do you want someone else to pay the bill?

There are times where people may have enough assets but may still want to have insurance. A common example of this would be long-term care. If a spouse gets sick they may have enough assets to cover the costs for a while, but what happens if the need is longer than anticipated? In these situations, it can be beneficial to have insurance in case it is ever needed, and to provide our clients peace of mind and more assets for their heirs.

If you have an insurance-related question, please do not hesitate to ask for our opinion to see how we may be able to help!

Disclosure: BFSG does not make any representations or warranties as to the accuracy, timeliness, suitability, completeness, or relevance of any information prepared by any unaffiliated third party, whether linked to BFSG’s website or blog or incorporated herein and takes no responsibility for any such content. All such information is provided solely for convenience purposes only and all users thereof should be guided accordingly. Please see important disclosure information here.

As life emerges from the pandemic to a “new normal,” a mid-year financial checkup may be more important than ever this year.  Here are some ways to make sure that your financial situation is continuing on the right path.

Reassess your financial goals

At the beginning of the year, you may have set financial goals geared toward improving your financial situation. Perhaps you wanted to save more, spend less, or reduce your debt. How much progress have you made? If your income, expenses, and life circumstances have changed, you may need to rethink your priorities. Review your financial statements and account balances to determine whether you need to make any changes to keep your financial plan on track.

If you are a BFSG client, please remember to contact your financial advisor if there are any changes in your personal or financial situation for the purpose of reviewing our previous recommendations.

Take a look at your taxes

Completing a mid-year estimate of your tax liability may reveal new tax planning opportunities. You can use last year’s tax return as a basis, then factor in any anticipated adjustments to your income and deductions for this year. Check your withholding, especially if you owed taxes or received a large refund. Doing that now, rather than waiting until the end of the year, may help you avoid owing a big tax bill next year or overpaying taxes and giving Uncle Sam an interest-free loan. You can check your withholding by using the IRS Tax Withholding Estimator or by talking with your tax advisor. If necessary, adjust the amount of federal or state income tax withheld from your paycheck by filing a new Form W-4 with your employer.

Tax planning typically is backwards looking at just the past year. We recommend you take a proactive forward-looking approach by coordinating with your tax professionals to find ways to reduce your taxes now and in future years.

Check your retirement savings

If you’re still working, look for ways to increase retirement plan contributions. For example, if you receive a pay increase this year, you could contribute a higher percentage of your salary to your employer-sponsored retirement plan, such as a 401(k), 403(b), or 457(b) plan. For 2021, the contribution limit is $19,500, or $26,000 if you’re age 50 or older. If you are close to retirement or already retired, take another look at your retirement income needs and whether your current investment and distribution strategy will provide the income you will need. Check out BFSG’s recent webinar on Retirement Accounts (Traditional vs. Roth) and learn ways to maximize your retirement savings.

Evaluate your insurance coverage

What are the deductibles and coverage limits of your homeowners/renters insurance policies? How much disability or life insurance coverage do you have? Your insurance needs can change over time.  As a result, you’ll want to make sure your coverage has kept pace with your income and family/personal circumstances. The cost and availability of life insurance depend on factors such as age, health, and the type and amount of insurance purchased.

Ask questions

Finally, you should also ask yourself the following questions as part of your mid-year financial checkup:

• Do you have enough money in your emergency fund to cover unexpected expenses?
• Do you have money left in your flexible spending account?
• Are your beneficiary designations up-to-date?
• Have you checked your credit score recently?
• Do you need to create or update your will?

As always, our team of CERTIFIED FINANCIAL PLANNERS™ stands ready to assist: financialplanning@bfsg.com.

Prepared by Broadridge Advisor Solutions. Copyright 2021. Edited by BFSG, LLC.

Disclosure: BFSG does not make any representations or warranties as to the accuracy, timeliness, suitability, completeness, or relevance of any information prepared by any unaffiliated third party, whether linked to BFSG’s web site or blog or incorporated herein and takes no responsibility for any such content. All such information is provided solely for convenience purposes only and all users thereof should be guided accordingly. Please see important disclosure information here.

One of the most common questions people ask is why they need (or what is the best) to use an LLC or umbrella coverage if they own rentals. If you are sued, you will want to have some form of protection to make sure your other assets like your primary residence and retirement accounts are safe. This is an important part of planning when you have rental property but unfortunately is often overlooked. Let’s review using an LLC or umbrella policy and discuss the merits of both.

Basics of Umbrella Policy

As the name implies umbrella insurance is a sort of catch-all that provides additional protection for the “What If’s” that works to protect you when you reach the limits of other insurance policies like homeowners or auto. Imagine you are sued for $1 million for a car accident you caused, and your auto insurance coverage only goes up to $500,000. If you are found at fault you would be on the hook for $500,000 without umbrella coverage but if you have umbrella coverage it would cover the remaining amount up to policy limits. Take a look at the example below:

The great thing is that with an umbrella policy you are protected whether something happens to you personally (i.e. auto accident) as well if something happens at your rental properties. Umbrella insurance provides great benefits for a relatively low cost. The downside is that if the claim exceeds your umbrella policy you are on the hook for the excess amount.

Basics of an LLC

A Limited Liability Company (LLC) is designed to provide asset protection by separating your personal property from your rentals. By establishing an LLC, if you get sued, they are suing the LLC and thus you are protecting your personal assets from the lawsuit and only the assets in the LLC are at risk.

If you have multiple properties it becomes expensive and difficult to qualify for the proper insurance amount. If there are multiple properties it is common to establish an LLC for each property for further protection. If you have a property in multiple states, you will need to establish an LLC in each state you have a rental. The disadvantage to LLCs is that the paperwork can be a pain and they can be expensive. For example, in California, it costs $800 a year for each LLC you have. This can be very expensive if you have multiple rental properties. Another drawback is getting a mortgage for a property in an LLC is more difficult and typically has higher interest rates.

What is best for me?

It will depend on your rental property strategy, your cash-flow, the risks you are willing to take, and your situation. Neither strategy is full proof, and both have important strengths and weaknesses.  Please understand your state rules also impact which strategy is best for you. Please contact us or your attorney to discuss your situation in greater detail.