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A court decision settling the estate of the late Bill Stroecker will help a $25 million foundation become fully operational in Alaska, eventually providing more than $1.2 million a year to 50 or more groups, 36 of them in Fairbanks. The Bill Stroecker Foundation, under IRS rules that require distributions of 5 percent of the value of the endowment each year, aims to distribute funds to dozens of groups Stroecker named in his will, ranging from the Fairbanks Curling Club and the NRA to the Salvation Army and the Fairbanks Community Food Bank. The foundation members will have the final say on all funding decisions, however. Stroecker said the groups he named were examples of what he had in mind for backing, but he did not specify any dollar amounts. Stroecker dealt with all of the groups he named when he worked in the First National Bank of Fairbanks and in the decades following its sale to Alaska Pacific Bank and then to KeyBank. The estate, with a value estimated at more than $25 million, included bank accounts, oil and gas holdings, 18 cabins, property in Fairbanks, artworks, annuities, business partnerships, coins, books, historical documents, automobiles, antiques and other valuables. Superior Court Judge Michael MacDonald ruled last week that the fees are reasonable. He praised the work of Fairbanks attorney Richard Hompesch and approved his fees of $413,203 and expenses of $39,514. He also approved expenses and fees of the Alaska Trust Co., represented by Matt Blattmachr. Stroecker, born in 1920 in Fairbanks, was a prominent community and business leader for decades. He died at 90 in 2010 and left most of his estate to the foundation. MacDonald said he “specifically rejected” criticism against Hompesch that “the estate was paying a very handsome fee for marginal effort and work.” He said the Alaska Trust Co., also a co-personal representative, charged appropriate fees. In his ruling on the fees, the judge said that Hompesch and the Alaska Trust Co. helped bring about a $1.89 million gain in the value of the estate, as a stock portfolio increased in value and dozens of Stroecker’s remote cabins were sold for a total that topped the appraised value by $385,000. The evidence detailed in the court paperwork filed as part of the proceeding showed that it was at the prodding of Borgeson, a Fairbanks attorney and one of the three members who wanted an external review of expenses, that led to the diversification of the investment portfolio that led to the gain. After the matter reached the court, the foundation members discussed their differences and reached a settlement in July. They agreed to work together to benefit the foundation. MacDonald said Hompesch did masterful work on Stroecker’s wills and trusts and put in a lot of hours at no charge. With even the most remote onshore trust destinations only a few hours from the beaten path, states that still want to interrupt dynastic wealth transfer after a generation or two seem to be headed the way of the dinosaurs. Despite the popular belief that the most trust-friendly jurisdictions in the United States are so far out of the way that it would be easier to charter a flight to the Virgin Islands or Switzerland, these states are actually pretty close. And as near the major transit corridors as they are, there’s really nothing keeping the richest families from hanging around in the more restrictive jurisdictions. That very accessibility basically lets these families hang onto their wealth despite all local efforts to the contrary. Financial tourism is shockingly easy. As a result, old anti-trust provisions like the rule against perpetuities may stay on the books for some time, but the logic behind them has broken down. Take Alaska, for example. It might sound like a foreign planet, but Anchorage is only three hours from Seattle. With as many people as a “mainland” regional hub like Pittsburgh or Cincinnati, Anchorage isn’t a backwater either. The city has the support network of hotels and restaurants and local legal expertise high-net-worth trust creators expect. It’s no wonder that a company like Alaska Trust could build a multi-billion-dollar platform almost entirely out of running trusts for out-of-state millionaires and their advisors. Throw in access to cruise ships and the famous natural wonders, and vacationing rich families from up and down the West Coast and beyond will have plenty to do before and after they sign the paperwork. Sioux Falls in South Dakota and Wilmington in Delaware are even closer to Chicago and New York, respectively. These are also big towns and appeal to different types of vacationers – obviously there aren’t as many glaciers or waterfalls in Delaware. And then, of course, there’s Las Vegas, where the planes keep landing and the affluent tourist rules the roost. But all the hotels in all these cities are really just sizzle to make those tourists comfortable while they open their checkbooks. The real reason Anchorage and Vegas and Sioux Falls are hubs of the cross-border trust business is because they’ve rolled back restrictions that still apply in Seattle and Houston and Minneapolis. Trusts that operate in these states provide better protection from creditors, last longer and tax beneficiaries at lower rates. Unless a client is fiercely loyal to the idea of keeping the money at home, there’s really little objective reason not to book the flight. Those flights represent enough money to get state lawmakers to pay attention as well. Delaware, for example, generates anywhere from $600 million to $1.1 billion a year on its out-of-state trust business, which Northwestern University law professor Max Schanzenbach estimates accounts for a full 2% of the state’s GDP. Alaska, Nevada and South Dakota have yet to attract that kind of scale, but Delaware was in this game first – and lacks a bit of the exotic allure of the midnight sun, the Vegas Strip or the big sky. With Delaware, you’re definitely putting the “financial” part of “financial tourism” first. It’s a great state, but there’s just not as much for you or your clients to see while they’re in town. In any event, that’s just the top tier. While HNW havens like California, Connecticut and New York State are unlikely to roll back their trust blocks any time soon, a substantial minority of other jurisdictions have done so. Out of the 50 states, well over 20 have eliminated rules against perpetuities and only slightly fewer have dismantled blocks on asset protection trusts as well. Naturally, most of them are relatively low in population and a little removed from the traditional Social Register corridors of the country, so they’re hungry for out-of-state assets. Rivals like Ohio are catching on and making more of an effort to give local wealth a reason to stay inside their borders, but for now, jumping the line seems to be the best solution for many. And since anyone with the money to set up a $2 million trust can probably afford a few plane tickets, trust tourism seems to be here to stay. Meanwhile, traditional arguments against perpetuities, asset protection and other road blocks keep eroding. When Alaska was the only state willing to accept asset protection trusts back in 1997, it could be ruled away as an aberration of the arctic. Today, the aberration is practically in the mainstream, or at least on the cutting edge. Likewise, rules against perpetual trusts look a little silly in a world where so many people are extending their odds of leaving a legacy for several generations down the road. Sure, 1,000 years – what Alaska offers, for example – looks like an impossibly long time in the estate planning universe. The IRS itself has barely been around for 6% of that time frame, so an enormous amount can and will change between now and the year 3013. But with more opportunities than ever, it seems worthwhile to at least give your clients the chance to keep their estate plans alive and evolving centuries after you and they are gone. Alaska may not look so far away after all. The big player there is Alaska Trust. Their office is open long after Delaware shuts down for the night. And as the flows go, the statutes will follow. The Alaska State Legislature has unanimously passed Senate Bill 65, which further enhances Alaska’s trust and estate laws. That passage of this bill represents the third trust-related bill in the last five years and the eighth bill since 1997. This shows Alaska’s commitment to achieving and maintaining great trust laws. While Alaska has been considered a top-tier trust jurisdiction since the passage of the 1997 Alaska Trust Act, SB 65 provides several key enhancements. Directed Trust Statutes: While Alaska has always had a directed trust statute, many interpreted the statute to be vague and cryptic. The new language provides for expanded authority and is now specific and clear. Stronger Decanting Provisions: With these updates, Alaska’s decanting law is now, arguably, the strongest in the nation. It now specifically allows for the ability to extend the duration of a trust, the ability to grant a lifetime power of appointment to a beneficiary and the ability to decant for purposes of protecting public assistance benefits. Lifetime Transfers of IRA Interests: Many states prohibit the transfer of IRA interests during the lifetime of the owner. Now IRA owners can transfer their interests in Alaska IRAs prior to death and the acceleration of the inherent income of the IRA should be avoided if the interest is transferred to a disregarded entity, such as a single member LLC or Grantor trust. This permits a very unique planning opportunity that is not available in any other state. Use of Trusts to Avoid State Income Tax: Under a series of private letter rulings, the IRS has held that trusts drafted with certain provisions allow for transfers to the trust to be incomplete for gift tax purposes and for the trust be deemed a non-grantor trust. Under this structure, the trust is able to avoid state income tax, provided the trust is created in a state without an income tax and avoid making a taxable gift. These trusts are most commonly referred to as DING trusts. This update brings Alaska law in line with Nevada’s which recently received PLR 201320002 regarding this structure. Beneficiary Property Rights: Provision clarifies that under Alaska law, a beneficiary does not have a property right in his or her beneficial interest of a discretionary trust but rather has a mere expectancy. Therefore, creditors of a beneficiary have no legal interest to attach. Additionally, there is now a provision that allows a trustee to directly pay the expenses of a beneficiary of a discretionary trust.  The creditors cannot seek a court order to attach trust assets or distributions nor can they obtain a court order to compel the trustee to make a distribution to the creditor. Equitable Remedies as Applied to LLC and LP Interests: New provisions clarify that a charging order is the sole remedy for a judgment creditor and expressly states that both legal and equitable remedies are not available and cannot be ordered by a court. The law now clarifies that charging order remedy applies to single-member LLCs as well. Extension of UTMA Custody Term: Current law mandates that a Uniform Transfer to Minor Account must terminate at either 18 or 21, depending on how the account was created. The new law provides for extensions of this term, provided that the minor is given notice, to age 25 and beyond. This could be useful in situations where the minor is unable to manage the assets. Senate Bill 65 provides an update to Alaska’s trust laws and ensures that Alaska remains one of the premier trust and estate planning jurisdictions. We continue to expect good things to come in future updates. Matthew D. Blattmachr is a trust officer at the Alaska Trust Company in Anchorage, Alaska. “I had reached a point where I could not grow anymore,” says Malcolm Liles, whose Nashville-based financial advisory firm currently manages about $600 million in assets and is affiliated with R.W. Baird. Enter Liles’ son, William, a graduate of University of Georgia and Vanderbilt’s MBA program who, in 2010, became his employee and eventual successor. Liles is not unusual.  In a ferociously competitive market, successful advisors are scrambling for young associates who can help them maintain and expand their businesses. Even so, last year, only 32% of financial advisors had a succession plan in place, according to a survey by investment consulting firm SEI. Fewer than half had planned a strategy for attracting younger investors. Those looking to hire younger professionals face daunting odds.  That same SEI survey found that only 3% of advisors are currently under the age of 30. As a result, a small but growing number of advisors are finding that the search for talent begins at home. For instance, Matt Blattmachr worked for his father Doug’s company, Alaska Trust, summers and part-time all through college and high school. When the firm’s three-person operations team left, Matt took over and streamlined the company’s back office. His father says he made it work better than it ever had before. Still, joining his dad’s firm was never a foregone conclusion. When Matt graduated from the University of Alaska with a degree in logistics, he got an attractive offer from BP in Anchorage. About to lose one of his star employees, Doug Blattmachr went to his board. Brandon Crooks also had other options than working at his father’s company, Counsel Trust in York, Pennsylvania. After majoring in finance, Brandon went to work for Bank of America Securities. He was an investment banker working in the mortgage-backed securities business. As the mortgage market soured and Brandon was moved into the corporate side of the bank, however, he began to talk to his dad about joining him. “I think in the back of my mind, I always wanted to do that,” says Brandon. All three of the dads we talked to said that they would have hired their sons even if they hadn’t been related. The first hurdle, then, is making sure that your son or daughter is qualified. “You have to look and see whether your child is really capable of doing the work, and is he doing the work?” says Doug Blattmachr. “One of the reasons that our business relationship works is that I was qualified for the business,” says William Liles. The father-son pairs we spoke to started talking about the business at an early age, around the dinner table and after school. That easy give-and-take pays dividends when the son comes to work for the father. “We communicate with each other all day every day,” says Malcolm Liles. Different family businesses have different structures. Malcolm Liles describes himself as a ”benevolent dictator” with ultimate say over business decisions. Edward and Brandon Crooks make decisions together, along with two others on their executive committee. Whatever the management style, fathers need to make sure their children are comfortable with it before joining the business. Sons at all three companies bring their own strengths to the partnership. Matt Blattmachr understands the operations side of Alaska Trust better than anyone else. William Liles has a strong analytical bent, which he brings to bear on researching stocks, bonds, funds and wealth planning strategies. And Brandon Crooks has taken the lead on developing a directed trust business at his father’s company. Their fathers have made an effort to recognize and put their sons’ abilities to work, allowing them the flexibility to find their own particular niches within the overall company. Yet while sons and daughters may specialize, they also need to gain an overall understanding of the business so that they can take over one day. None of the fathers we spoke to were ready to retire yet, but all three had started thinking about the skills their children would need to succeed them. “I wanted to make sure that there wasn’t chaos in the event of my death or disability,” says Edward Crooks. For Malcolm Liles, the goal was to make William and himself interchangeable to clients. “I want my clients to understand that if they call and I’m out, that he can handle it,” he says. This final element of family and business succession is, perhaps, the most difficult one, and one that none of the three fathers we talked to were ready for quite yet. Still, at some point, the older generation will have to step aside, however gradually, to make way for the next one. “At my age — I’m 63 — I’m not really looking at it as a transition,” says Edward Crooks. As Congress dithered over the fiscal cliff, independent trust firms worked around the clock to process a flood of last-minute accounts. Some booked a year’s business in three weeks. Where now? Firms celebrate year-end rush of new business. December is usually anything but calm for investors scrambling to lock in the tax year’s opportunities, but the last few weeks pushed all the industry’s buttons at once. Up until the last minute of 2012, nobody knew whether the $5 million gift and estate tax exclusions would survive a full-court Congressional debate. Money poured into trusts and other vehicles designed to take advantage of the current tax code, leaving independent trust companies buried in paperwork but flush with cash to expand. And with everyone from the wealthiest Americans on down to mere millionaires feeling like they dodged a bullet, insiders suspect this was a game-changing moment for the industry. “We did two years’ worth of business in one month,” says Matthew Blattmachr at Alaska Trust. Down in Nevada, trust companies stayed open past midnight on December 31 to make sure new clients got their gifts approved and the forms signed ahead of the deadline. Premier Trust was turning around accounts in hours if not minutes as long as the grantors and their attorneys knew exactly what they wanted, says CEO Mark Dreschler. “Even if people weren’t on our system yet, we could get them checked out and the assets transferred that day,” he explains. These weren’t simple self-directed IRAs, either, but family businesses, farms and other alternative assets that require special handling to ensure advisor-friendly treatment. Across Las Vegas, Provident Trust was also seeing the normal uptick in year-end business turn into a blizzard of business. A sense that the looming fiscal cliff would translate into a whirlwind of last-minute business gave many well-run firms time to prepare. New York Private Trust was another Delaware-chartered trust company ready to roll with the punches. But while existing relationships primed the pump, ability to execute was crucial. The real question here is whether the asset flows will continue. On the one hand, the immediate threat seems to have receded, taking the urgency to lock in the now-“permanent” $5 million exemption with it. Clearly, the election gave a lot of millionaires a motive to push the button on formerly slow-moving estate plans that might not have turned into trusts for another year or two. But while a few trust companies are looking forward to an empty 2013 pipeline, most are eager to build on their recent successes as Americans wake up to the realities of higher taxes. “We will have a year or two of very good business opportunities,” admits George Brown, chief marketing officer at Summit Trust, of Nevada whose marketing office is in Colmar Pennsylvania. All it takes is one act of the incoming Congress to overturn the results of the fiscal cliff deal and put everyone back into the planning fog. In the meantime, the sheer number of truly last-minute estate plans has already started generating follow-up opportunities. Some firms are ramping up to decant rushed last-minute trusts created to beat the clock without getting every single detail of jurisdiction or structure right. Others are moving to take over trusteeship from attorneys who accepted short-term responsibility themselves in order to make the deadline. And quite a few are simply looking forward to taking care of utility business that piled up while the emergency accounts took priority. Either way, trust firms are now focused on new opportunities created in a post-cliff environment. Those who proved that they can work well with advisors as well as their clients have been rewarded. Let’s see where they go from here. Teamwork is key for a whole generation of trust officers who have little motive and less opportunity to cut the advisor out of the game. Unlike football, everybody wins. After decades of financial advisors and trust companies fighting over client loyalty, a few members of each of faction are realizing that it’s more profitable to work together. The most advisor-friendly of all made it into our latest special report. They don’t have proprietary investment products to push into trust portfolios. And they don’t even mind if your preferred custodian hangs onto the money. Get inside the list Operationally, the most advisor-friendly trust companies out there emphasize flexibility and service. Whether they’ve been around for a few years or close to a century, every single one is willing to work with any custodian you care to name: TD Ameritrade, Pershing, Schwab, Fidelity. Between them, just about all the major accounting platforms are on the table, so if you want plug-and-play integration with Schwab, SunGard or anything else, you’re probably going to find it somewhere on the list. And big surprise: all of the top trust jurisdictions are well represented. Dynastic trusts, which run for centuries or even forever, are a popular offering. So are asset protection trusts, unitrusts and other specialized vehicles. On the service side, most have the in-house expertise in place to promise extremely fast turnaround. A trust that could take weeks to set up elsewhere can be up and running in under a day here. Not willing to hog the ball The very idea of an “advisor-friendly” trust company might come as a shock to the 85% of advisors worried about losing the assets their clients move move into trust. For too long, that account “migration” was a painful fact of life for advisors who wanted the best for their clients. Wealthy clients quite rightly demanded the ability to incorporate trusts into their financial plan to protect their property from taxes, nuisance lawsuits and ultimately mortality itself. The clients were happy. The trust company was overjoyed to get the business and active management rights over the portfolio. And the advisor suffered. Needless to say, a lot of advisors were less than eager to recommend that their best clients take their assets elsewhere, and so the adoption of trusts lagged. As a result, according to Fidelity, a full 40% of high-net-worth households have yet to set up trust arrangements, even if it’s in their financial interest to do so. A shot at a shared win The trust companies on our list saw that natural resistance as an opportunity to offer advisors a better deal and capture that elusive 40% of the market. The trust company does what it does best: run the trust. All the bookkeeping, reporting and fiduciary responsibilities remain with the trust company, which earns a nominal fee for the service. If there’s a problem, it’s up to the trust company to deal with. From the advisor’s point of view, nothing changes. The assets remain on the book of business and keep generating the same fees. With few exceptions, the trust company has no legal right or duty to interfere in the investment choices. The client is happy to have an advisor looking out for his or her ultimate best interests. The advisor-friendly trust company gets new trust accounts to run. And the advisor doesn’t lose. Scott Martin, senior editor, The Trust Advisor. Steven Maimes assisted with the research. As 2012 begins, every advisor in the business is already hunting the competitive edge they need to stand out from the crowd and capture new assets. Many acknowledge that it’s no longer enough to offer prospects a traditional investment management and financial planning approach. There has to be an angle, a differentiating factor. With $41 trillion at stake as the baby boomers retire and start pondering their legacies, that angle increasingly involves estate planning. And modern estate planning means being able to support trusts. Unfortunately, most trust companies only want advisors’ business so they can get control of the underlying assets. These vendors aren’t really partners. They’re just competitors, wealth managers in trust officer clothing. So how do advisors find a partner they can trust? That’s what we set out to discover. Our next report on directed and delegated trust providers will zero in on who in the trust industry is catering to registered investment advisors , family offices and broker-dealer representatives. There are a few obvious choices in the form of trust companies owned by advisors or dedicated exclusively to their business: Wealth Advisors Trust Company, Advisory Trust, Provident Trust, National Advisors Trust Company, Alaska Trust, Summit Trust and a few others. But due diligence is the name of the game here. Advisors need to weigh all the options they can before picking a trust partner, much less diverting their clients’ assets to someone else’s custody. With that thought in mind, the Trust Advisor has been tracking advisor-friendly trust companies for years now. The 2012 list will be available on a complimentary basis for download beginning in our February 6 issue. As in previous years, we’ll rank the technologies used for each of the trust providers, reveal custody arrangements and compare fees side by side so you can be sure you’re getting the value your clients deserve. Anecdotal commentary and extensive interviews will give you a sense of the types of trust each company can handle and the level of customer service it provides. This year, we’re also looking at how well these firms educate their partners and potential partners. Can they explain to advisors how to cultivate trust relationships and build their own businesses, or are they simply waiting to absorb whatever assets the advisors send over? Let’s make 2012 the year of the win-win scenario. You will be able to receive your complimentary download.  Just check our February 6 issue. Lack of premarital planning gives Vanessa even more financial leverage, and the fact that he was the one caught cheating left her with all the cards. Half his fortune is forfeit. Vanessa Bryant was legendary among basketball fans as the iron-willed Yoko Ono of the Los Angeles Lakers, complete with ICE QN vanity plates. Last week, trust gurus from every corner sounded loud sirens to register both discontent and caution over a recent federal bankruptcy decision that could shape the future use of domestic asset protection trusts. Lawyers around the country have been heating up the Internet fretting over whether a seemingly routine bankruptcy hearing invalidates an entire class of trusts and could leave thousands of their wealthiest clients exposed to nuisance lawsuits. After Alaska geologist Tom Mortensen filed for bankruptcy protection on about $250,000 in debt, the credit card companies came after his 1.25-acre vacation property in the vicinity of Anchorage. Alaska Trust says frugal fees are better for both clients and advisors alike. New low fixed fees and advisor controlled directed trust program makes Alaska Trust a top choice for trust services. Best known as a provider of full-service managed trusts at made-to-measure prices, Alaska Trust has started turning heads for offering its directed trusts at a flat fee. Critical mass pushes outsourced approaches into the industry mainstream and big players keep lining up. The future is here, grab while you can. We’re coming up on the seventh anniversary of the Lehman Brothers crash and I can’t help but notice that the post-traumatic wounds have finally healed. Displacing $11 billion in assets creates a teachable moment for the entire industry. Creating a recovery that turns a disruptive surprise into a transformative opportunity. Life insurance is one of the least understood financial products in the world. In just a few minutes of study, one can reasonably grasp the concept of equity interests in a business , bonds and other forms of debt. Even more complicated financial products, such as derivatives and options can be readily understood. Shifting from accumulation to the distribution phase can dramatically simplify your clients’ lives. With the right technology, it can have a similar effect on an evolving wealth management operation. A few days ago the IRS quietly folded a long-standing claim that Detroit industrialist and basketball fan Bill Davidson’s heirs owed $2.9 billion on a fortune that might have been worth $3.5 billion at its peak.
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James J. Maskowitz is an associate in the Tampa office of Quintairos, Prieto, Wood & Boyer, P.A. His practice focuses on long-term care defense and general liability. Mr. Maskowitz received his Juris Doctor from Florida Coastal School of Law in May 2009 and Bachelor of Science from the University of Arizona in May 2006, graduating with a major in political science.  While in law school, he participated in the National Mock Arbitration competition in New Orleans, LA and also obtained Pro Bono and Sports law certificates. Mr. Maskowitz is licensed to practice law in Florida and is a member of The Florida Bar.
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Oshins insists that by even mentioning the statutory 365-year trust period, the judges were probably sending a message to out-of-state critics who questioned whether the rule would hold up to a state constitutional ban on perpetuities. The Blattmachrs have fired back that any veiled contextual statement here would be at best tricky to interpret, much less apply in a constitutional challenge. Jonathan Blattmachr, a key architect of Alaska’s trust code, questions whether his “friend Steve Oshins” might be leaping to conclusions, while nephew Matt points out that “the decision does not even appear related to trusts” in an upcoming article on the estate planning ramifications. These are fighting words in the elite estate planning world. With an estimated $100 billion in cross-state trust assets in the balance, there’s good reason for both sides to read so deeply between the lines. Nevada guards its position as one of the most attractive trust jurisdictions in the country extremely jealously. Its closest rivals – Delaware, Alaska, South Dakota – are constantly looking for an opening to take the upper hand. If the state constitution technically overrules more recent statutes that let non-charitable trusts run longer than 90 years, then its prestige fades in the eyes of ultra-high-net-worth families looking for the best place for their money. Once again, the distinctions may appear narrow, but every infinitesimal edge makes a difference as people with enough money to last for more than a few generations weigh the decision of where to park immense sums for centuries. And with that much money on the table, the fine shadings of risk cast a huge shadow. If a trust created in one state has a lower chance of surviving a challenge from creditors, rival heirs or the IRS, the family’s advisors will note it and move on. That’s why the knives are out. Oshins says the latest decision confirms that Nevada dynasty trusts would survive a constitutional challenge. The Blattmachrs say the hypothetical outcome remains in doubt. I’m not going to pick sides and none of the third-party bystanders I talked to were especially eager to do it either. Bob Moshman, a New Jersey attorney and publisher of the Estate Analyst, threads the diplomatic needle. As Moshman points out, the recent outbreak of controversy here derives from an article the Vanderbilt Law Review published last summer from Harvard professor Robert Sitkoff and Chicago lawyer Steven Horowitz. The article questions the idea that any statute in jurisdictions like Nevada – as well as Wyoming, Tennessee, North Carolina and Arizona – explicitly overrides what’s written in each state’s constitution. Moshman calls it “a brilliant 54-page speculation,” but warns that any court that starts to overturn rules that have been on the books for years if not decades starts to look like a “constitutional bogeyman” – especially when there are pragmatic considerations to consider. However the wind blows, rich families are still going to park their money in the states that offer the surest situation and best overall protection in the here and now. Whatever happens, they’re not going to settle for the paltry 90 years that the default trust code provides. They’re going to demand that their trusts be set up in jurisdictions that give the great-grandkids at least a shot at partaking in the family fortune before the IRS gets its cut. “A dynasty trust should be the cornerstone of virtually every wealth transfer plan for families desiring to protect their wealth,” sums up Robert Keebler, an estate planner in Wisconsin. “When designed correctly and sitused in the proper jurisdiction, you obtain protection from both future estate taxes and from the claims of your heirs’ creditors and spouses, “he explains. With that in mind, Keebler’s thoughts turn to figuring out how to best fund a theoretical trust. Picking one state out of several that offer blue-ribbon protection is almost a secondary concern. When we asked Trust Advisor readers to name the best state for trust accounts, we were expecting a tight race between the top-tier jurisdictions. After all, the gap between Nevada, Alaska, South Dakota and Delaware is surprisingly thin from a statutory point of view. But the way the narrowest distinctions are playing out in the court of public opinion is shocking. According to our numbers, Nevada wins by a landslide. When they heard, Las Vegas trust company Premier Trust volunteered to explain why they and their clients are so happy with the state. You can sign up for their September 16 webinar HERE. As always, it’s free and should run about an hour. Nevada ended up with 64% of the response to a very simple question: which trust state is best? Alaska, Delaware and South Dakota –the other names in the traditional bulge bracket – barely scraped up the remaining 36% of the vote between them. We were expecting a much more balanced result, so I suspect trust officers around the nation will be sneaking into the Premier webinar to see what one of the top firms in Nevada considers the reason the state is so dominant in advisor consciousness right now. Maybe it just blows down to marketing and tireless promotion. On a deep level, the playing field is roughly level, so each state should get roughly the same respect from the industry. All four support roughly the same level of protection from creditors, roughly the same favorable tax treatment and support for comparably lengthy “dynastic” trust periods. Nevada often has a tiny edge somewhere, but on the whole it’s too close to really call a winner. But while Nevada may only capture a slight lead before a rival changes its rules to keep up, trust companies that operate there have become very savvy about communicating their edge while they have it. And as we know, the basis of long-term success often boils down to the multiplication of the smallest and most transitory edges from month to month, year to year and decade to decade. Other states may try hard to catch up or challenge whether all wealthy families need or even want every perk in the Nevada trust code, but that’s at best a reactive strategy. Think of how you interact with your prospects. Do you spend more time telling them all the ways you’re great, or do you focus on explaining why they don’t really want what your fiercest competitors are bragging about? Maybe the nation’s richest families really think they might have to lean on all the fine points of Nevada’s asset protection environment in their lifetimes. Or maybe they simply want to know the rules are there to protect future generations from a bad choice of spouses, for example. In any event, it’s a long game that Nevada seems to be winning at the moment. If Nevada’s blowout performance was the biggest surprise in these numbers, the way the other states stacked up behind it was only a little less revealing about how each of them is getting the competitive message out there. Alaska batted far above its weight class. The state has two trust companies on the books and as of three weeks ago, the Alaska Trust team runs them both. Nonetheless, that team has managed on its own to keep Alaska alive as an attractive destination for assets from the Lower 48. Because it’s the only game in Anchorage, Alaska Trust effectively garnered every vote for Alaska, which comes out to 15% of the total. That’s huge. At best, only a few heavyweights in Nevada could even hope to match that performance. Matt Blattmachr, a vice president and trust officer at the firm, was thrilled to hear Alaska ranked No. 2. “We are very excited that Alaska has been chosen as one of the leading jurisdictions by clients throughout the U.S. looking for the most advanced estate planning solutions,” he says. South Dakota, with its dozens of independent trust companies, paradoxically looks a lot less impressive with its 11% of the vote to split so many ways. Over the last few years we’ve seen South Dakota institutions become extremely quiet about the benefits their state provides cross-border accounts. It’s still one of the better trust jurisdictions in the country, but it’s hard to put a finger on when exactly it would be the best choice for a given trust. Arguably a lot of the ways South Dakota excels are behind-the-scenes operational factors. The state obviously shines when it comes to luring trust companies to move their charter or set up shop in its territory. Whether that translates into new accounts remains to be seen. And then there’s Delaware. With just 10% of the vote, the white-glove standard of the traditional trust industry seems a little defensive as non-conventional competitors keep popping up in far-flung states. But let’s be realistic here. Delaware’s trust industry barely bothers to market itself because these firms have sheer gravity on their side. The tiny state has captured close to quadruple its rightful share of the nation’s personal trust assets on a raw state-by-state basis. Per capita, these trust companies are 18 times as successful as their rivals anywhere else. Given the often-tiny distinction between what a trust can get in Delaware and Nevada, gravity and convenience evidently pushes a lot of dollars toward Wilmington. Do the distinctions outweigh inertia where your clients are concerned? The Premier Trust team will provide their view on September 16. Obviously they’re a little biased toward Nevada. That’s why they chose to set up shop in Las Vegas. But if you’d like to hear the secret of their success, you can still register HERE. “I had reached a point where I could not grow anymore,” says Malcolm Liles, whose Nashville-based financial advisory firm currently manages about $600 million in assets and is affiliated with R.W. Baird. Enter Liles’ son, William, a graduate of University of Georgia and Vanderbilt’s MBA program who, in 2010, became his employee and eventual successor. Liles is not unusual.  In a ferociously competitive market, successful advisors are scrambling for young associates who can help them maintain and expand their businesses. Even so, last year, only 32% of financial advisors had a succession plan in place, according to a survey by investment consulting firm SEI. Fewer than half had planned a strategy for attracting younger investors. Those looking to hire younger professionals face daunting odds.  That same SEI survey found that only 3% of advisors are currently under the age of 30. As a result, a small but growing number of advisors are finding that the search for talent begins at home. For instance, Matt Blattmachr worked for his father Doug’s company, Alaska Trust, summers and part-time all through college and high school. When the firm’s three-person operations team left, Matt took over and streamlined the company’s back office. His father says he made it work better than it ever had before. Still, joining his dad’s firm was never a foregone conclusion. When Matt graduated from the University of Alaska with a degree in logistics, he got an attractive offer from BP in Anchorage. About to lose one of his star employees, Doug Blattmachr went to his board. Brandon Crooks also had other options than working at his father’s company, Counsel Trust in York, Pennsylvania. After majoring in finance, Brandon went to work for Bank of America Securities. He was an investment banker working in the mortgage-backed securities business. As the mortgage market soured and Brandon was moved into the corporate side of the bank, however, he began to talk to his dad about joining him. “I think in the back of my mind, I always wanted to do that,” says Brandon. All three of the dads we talked to said that they would have hired their sons even if they hadn’t been related. The first hurdle, then, is making sure that your son or daughter is qualified. “You have to look and see whether your child is really capable of doing the work, and is he doing the work?” says Doug Blattmachr. “One of the reasons that our business relationship works is that I was qualified for the business,” says William Liles. The father-son pairs we spoke to started talking about the business at an early age, around the dinner table and after school. That easy give-and-take pays dividends when the son comes to work for the father. “We communicate with each other all day every day,” says Malcolm Liles. Different family businesses have different structures. Malcolm Liles describes himself as a ”benevolent dictator” with ultimate say over business decisions. Edward and Brandon Crooks make decisions together, along with two others on their executive committee. Whatever the management style, fathers need to make sure their children are comfortable with it before joining the business. Sons at all three companies bring their own strengths to the partnership. Matt Blattmachr understands the operations side of Alaska Trust better than anyone else. William Liles has a strong analytical bent, which he brings to bear on researching stocks, bonds, funds and wealth planning strategies. And Brandon Crooks has taken the lead on developing a directed trust business at his father’s company. Their fathers have made an effort to recognize and put their sons’ abilities to work, allowing them the flexibility to find their own particular niches within the overall company. Yet while sons and daughters may specialize, they also need to gain an overall understanding of the business so that they can take over one day. None of the fathers we spoke to were ready to retire yet, but all three had started thinking about the skills their children would need to succeed them. “I wanted to make sure that there wasn’t chaos in the event of my death or disability,” says Edward Crooks. For Malcolm Liles, the goal was to make William and himself interchangeable to clients. “I want my clients to understand that if they call and I’m out, that he can handle it,” he says. This final element of family and business succession is, perhaps, the most difficult one, and one that none of the three fathers we talked to were ready for quite yet. Still, at some point, the older generation will have to step aside, however gradually, to make way for the next one. “At my age — I’m 63 — I’m not really looking at it as a transition,” says Edward Crooks. Alaska Trust says frugal fees are better for both clients and advisors alike. New low fixed fees and advisor controlled directed trust program makes Alaska Trust a top choice for trust services. Best known as a provider of full-service managed trusts at made-to-measure prices, Alaska Trust has started turning heads for offering its directed trusts at a flat fee. Critical mass pushes outsourced approaches into the industry mainstream and big players keep lining up. The future is here, grab while you can. We’re coming up on the seventh anniversary of the Lehman Brothers crash and I can’t help but notice that the post-traumatic wounds have finally healed. Displacing $11 billion in assets creates a teachable moment for the entire industry. Creating a recovery that turns a disruptive surprise into a transformative opportunity. Life insurance is one of the least understood financial products in the world. In just a few minutes of study, one can reasonably grasp the concept of equity interests in a business , bonds and other forms of debt. Even more complicated financial products, such as derivatives and options can be readily understood. Shifting from accumulation to the distribution phase can dramatically simplify your clients’ lives. With the right technology, it can have a similar effect on an evolving wealth management operation. A few days ago the IRS quietly folded a long-standing claim that Detroit industrialist and basketball fan Bill Davidson’s heirs owed $2.9 billion on a fortune that might have been worth $3.5 billion at its peak.
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