Category: Wisdoms

The Two Asset Distribution Standards

As an estate planning attorney, I observe how families decide to distribute their assets among their children. I have seen two main standards used to determine the gift.

First is the standard of meeting needs and wants. As parents, we know the needs and wants of our children, and do our best to meet both of these. One child with an interest in music might need and want a guitar; another child with an interest in sports may need and want volleyball. While the dollar value of the musical instrument may not match the dollar value of the volleyball, their needs and wants would be fulfilled equally.

This standard works well while the parents are alive to observe these wants and needs. It becomes difficult and nearly impossible to meet needs and wants once the parents die and are no longer able to make those observations. They could make an educated guess in advance for their child’s future, but naturally, what a child needs or wants today will no doubt be entirely different tomorrow.

Because of this uncertainty, the standard can shift from needs and wants to equal after they die. A last will and testament or living trust can provide this equality. Many children receive these as a statement of how much their parents love them — most parents want their children to know that they are loved equally.

STEPHEN B. YIM, ATTORNEY AT LAW
2054 S. Beretania St., Honolulu, HI 96826
808-524-0251 | www.stephenyimestateplanning.com

As an estate planning attorney, I observe how families decide to distribute their assets among their children. I have seen two main standards used to determine the gift. First is the standard of meeting needs and wants. As parents, we know the needs and wants of our children, and do our best to meet both…
‘No Mom, I’m Not in Jail’

I recently received a telephone call from my mother. Given that I was in a meeting, I didn’t answer it, but instead let it go to voicemail. Almost immediately, the phone started buzzing again from her same number. Usually, my mom would just leave a message, so this second call was very unusual.

I excused myself from the meeting and answered the call. Mom immediately asked, “Scott, are you in jail?”

It took me a second to comprehend what she was asking me and another second to understand what was going on. My parents were being set up for a scam.

While my mother was out playing mahjong, my dad’s caregiver had answered my parents’ home phone and was informed that their child had been arrested. Even though I have a brother and two sisters, it was assumed the child who was incarcerated was me — the one who has worked at the Prosecutor’s Office for 25 years!

My mother came home from her game to find my father in a panic and a caregiver who was now viewing my folks in a different light. But I was very relieved that my mother had the forethought to call me first before contacting the “police” to arrange to post my bail.

Once I explained that this was a common scam, very similar to the Grandma Scam, in which a person is told that a loved one is in trouble and immediate financial help is necessary to avoid harm befalling them, my mother and father realized I did not suddenly turn to a life of crime.

I called the phone number with the New York area code, but no one answered.

A lot of the scams that are brought to the attention of the Elder Abuse Unit involve victims giving money when they are in a high emotional state. These strong feelings can be joy (as in “winning” the lottery and needing to pay taxes and fees first before collecting your “prize”), fear (a message saying a loved one is in need and money will fix the problem) or sorrow (help these poor people who are experiencing the trauma of a natural disaster).

Whatever the angle that is pitched, please don’t make financial decisions when your emotions are running high! You could be setting yourself up as the target of a costly scam.

If you suspect elder abuse, call these numbers:
Police: 911 | Adult Protective Services: 808-832-5115
Elder Abuse Unit: 808-768-7536
For questions, email ElderAbuse@honolulu.gov

I recently received a telephone call from my mother. Given that I was in a meeting, I didn’t answer it, but instead let it go to voicemail. Almost immediately, the phone started buzzing again from her same number. Usually, my mom would just leave a message, so this second call was very unusual. I excused…
Estate Taxes: What’s Around the Corner?

After spending a lifetime of earning, saving and investing — and paying income and capital gains taxes all the way along — you may wonder why our government feels entitled to tax the value of what’s left when you die. However, the IRS and the State of Hawai‘i both want a piece of your estate.

As of 2021, each US citizen residing in Hawai‘i is allowed to pass on $5.49 million free of state estate tax and $11.7 million free of federal estate tax. I call these “coupon” amounts, because it is as if the government gives each of us a coupon to shelter our assets from estate tax. At the current coupon amounts, most of us do not have to worry about the government reaching into our family cookie jar when we die. But, major changes to the coupon amounts may be around the corner.

Congress is talking about cutting the federal coupon approximately in half and Hawai‘i has been talking about reducing its coupon to $1 million. So there could be tax payable at your death if you own a house and have modest amounts of cash, life insurance, and retirement savings.

Don’t wait until the law changes before you call your estate planning advisors to talk about how to address these possible changes. There may be things you can do to minimize the tax bite and maximize what you leave your family.

SCOTT MAKUAKANE, Counselor at Law
Focusing exclusively on estate planning and trust law.
www.est8planning.com
808-587-8227 | maku@est8planning.com

After spending a lifetime of earning, saving and investing — and paying income and capital gains taxes all the way along — you may wonder why our government feels entitled to tax the value of what’s left when you die. However, the IRS and the State of Hawai‘i both want a piece of your estate.
Retirement Plans for Small Businesses

If you are among the nation’s more than 31 million small businesses owners, you likely spend much of your time juggling day-to-day business activities and put off planning for the future.

If retirement planning has fallen on your back burner, now is the time to bring it to the forefront. As a small business owner, you deal with a different world of retirement plans than somebody who is an employee, making it all the more important to closely explore your options when deciding what’s right for you.

Plan options to consider

Self-employed individuals or business owners should be sure to fund IRAs as much as possible. The annual limit for 2021 is $6,000 ($7,000 for those aged 50 and up). Funding IRAs is only a starting point. A few other options for the self-employed and business owners to consider:

Solo 401(k)s — This offshoot of the traditional 401(k) plan can be established if you(or you and your spouse) are the only employees of your business. It offers the ability to direct the largest potential contribution annually. As much as $58,000 can be set aside in 2021 ($62,500 for those age 50 and older). This comes from a combination of employer and employee contributions. There are initial costs and efforts needed to start and maintain the plan, as it requires a plan administrator. Earnings grow on a tax-deferred basis and contributions made by an incorporated business can be deducted from business expenses. For non-incorporated businesses, the owner can deduct contributions from their personal income. For those with employees, a full 401(k) plan can be established, though different rules will apply.

SEP IRAs — A SEP IRA is very similar in structure to a Solo 401(k), with two main exceptions. Costs are minimal, as it does not require the support of a plan administrator and it can cover employees. In this plan, all contributions are made by the employer equal to no more than 25 percent of compensation (a maximum of $58,000 in 2021). The employer can determine what percentage of compensation to set aside each year, but it must be consistent for all employees, including the owner.

SIMPLE Plans — These plans allow businesses with fewer than 100 employees to establish either a SIMPLE IRA or SIMPLE 401(k) for each employee. Employees can make salary deferral contributions of up to $13,500 ($16,500 for those 50 and older) in 2021. Employers are obligated to provide a matching contribution in SIMPLE 401(k)s of 3 percent of compensation for employees who elected to defer or 2 percent for employees who did not elect to make contributions.

Your business as a retirement asset

Of course, monetizing the value of your business may be another way you fund your retirement. If your business can continue to operate successfully without you, it should have value when you retire. Selling your business to a current employee may be an option or you may want to look for potential outside buyers.

As a business owner, you have unique challenges and opportunities when it comes to planning for a successful retirement. Talk to a financial advisor about how to put a strategy in place to assure your long-term financial security.

MICHAEL W. K. YEE, CFP,® CFS,® CLTC, CRPC®
1585 Kapiolani Blvd., Ste. 1100, Honolulu, HI 96814
808-952-1222, ext. 1240 | michael.w.yee@ampf.com
https://www.ameripriseadvisors.com/michael.w.yee
Michael W. K. Yee, CFP®, CFS®, CLTC, CRPC®, is a Private Wealth Advisor, Certified Financial Planner™ practitioner with Ameriprise Financial Services LLC in Honolulu, HI. Specializing in fee-based financial planning and asset management strategies, he has been in practice for 37 years. Ameriprise Financial cannot guarantee future financial results. Investment products are not federally or FDIC-insured, are not deposits or obligations of, or guaranteed by any financial institution, and involve investment risks including possible loss of principal and fluctuation in value. Investment advisory products and services are made available through Ameriprise Financial Services LLC, a registered investment adviser. Ameriprise Financial Services, LLC. Member FINRA and SIPC. 1 U.S. Small Business Administration, “2020 Small Business Profile.” © 2022 Ameriprise Financial Inc. All rights reserved.

If you are among the nation’s more than 31 million small businesses owners1, you likely spend much of your time juggling day-to-day business activities and put off planning for the future. If retirement planning has fallen on your back burner, now is the time to bring it to the forefront.
How to Choose the Best Fiduciary

Two of the most frequently asked questions I hear are “How do I choose a trustee?” and “Am I choosing the right trustee?” Here are six criteria to help you choose the right fiduciary for you:

1) Do you TRUST him/her? Trust is crucial. You are trusting the fiduciary to care for you during periods of incapacity and to carry out your wishes when you pass.

2) Is he/she AVAILABLE? Ideally, the fiduciary will live near you or have immediate access to you when you need assistance.

3) Is he/she ABLE? Being a fiduciary can be stressful and require “running around” on your behalf. You will want to make sure your fiduciary is able to respect your values and beliefs so they are able to carry out your wishes.

4) Is he/she WILLING? Make sure he/she is willing to be your fiduciary.

5) Does he/she KNOW your beneficiaries? Having an existing relationship and understanding the needs of the beneficiaries is crucial to ensure the beneficiaries are taken care of.

6) Does he/she have any GHOST PLAYERS? Ghost players are people that may adversely influence the fiduciaries decision-making.

Your best choice will be a fiduciary who meets all these criteria. If no one suitable can act your fiduciary, hiring a professional third-party fiduciary to act on your behalf may be appropriate.

STEPHEN B. YIM, ATTORNEY AT LAW
2054 S. Beretania St., Honolulu, HI 96826
808-524-0251 | www.stephenyimestateplanning.com

Two of the most frequently asked questions I hear are “How do I choose a trustee?” and “Am I choosing the right trustee?” Here are six criteria to help you choose the right fiduciary for you.
Family Business Succession Basics

Only about 25 percent of family businesses survive for 15 years or more, and only about 25 percent of the “survivors” will survive the transition to the next generation. There are many contributing factors.

Most parents want to treat their children equally, but not all children are capable of running a business. And not all children want to continue in the family business, irrespective of their capabilities.

It is critical to take a sober look at your business and your descendants, and consider: Can my business be successful for another generation? Your business may have provided a brilliant solution to a pressing need back when you founded it, but markets, technology and spending patterns have changed since then. Unless your business is nimble enough to make adjustments, it may not continue to be viable.

Moreover, what is more important to you: the continuation of your business or passing on your wealth? These goals may go hand in hand, but if none of your children will carry on your dream, selling your business and passing on the proceeds may be your best option.

Your trusted advisors can help you leave the kind of legacy that best honors you, your business and your family.

SCOTT MAKUAKANE, Counselor at Law
Focusing exclusively on estate planning and trust law.
www.est8planning.com
808-587-8227 | maku@est8planning.com

Only about 25 percent of family businesses survive for 15 years or more, and only about 25 percent of the “survivors” will survive the transition to the next generation. There are many contributing factors.
Navigating Today’s Housing Market

In many parts of the country, home prices have been soaring. According to the National Association of Realtors, the median existing-home price rose more than 17 percent in the one-year period ending in March 2021. This reflects just how competitive the market has become for homebuyers.

If you are among those looking to purchase a new home, you should have a solid strategy in place before entering the market. Assume that any house you are interested in has drawn the attention of other potential buyers. In this environment, it helps to be prepared. Here are five steps that can put you in a more competitive position in today’s home buying market:

1) Get your financial house in order

A top priority is to have a good handle on your current financial situation. If you are already a homeowner, this means having a clear idea of the value your home will bring in today’s market and how much equity you have available. Another question is how much money you have set aside to cover a down payment on a mortgage or other expenses related to moving into a new place. It makes sense to sit down with your financial advisor so you are aware of your current financial capabilities to participate in today’s market.

2) Look to professionals for help

Seek out the guidance of a real estate professional. Finding an agent through a referral from someone you trust is the best way to identify a qualified agent. Don’t be afraid to interview more than one to find the right fit. Also, talk to a lending institution to get preapproved for a mortgage (if you require financing). This is especially important for first-time homebuyers who want to reassure sellers about their creditworthiness.

3) Consider all of your options

It is easy to get your heart set on a particular community or neighborhood. If the supply is limited in your targeted areas, you may need to expand your horizons. Drafting a list of the priorities that define your ideal home and setting can be helpful when reviewing available properties and narrowing down your choices. It can also open doors to other areas that may meet your needs. Also, be careful not to get too set on what you may imagine to be your “perfect” home. Flexibility is important in today’s market.

4) Set a budget and prepare to work with it

A deciding factor in assessing the affordability of a home is to calculate the maximum monthly mortgage payment and property taxes that can fit into your budget. This will help you determine a realistic price range for your circumstances. It is becoming more common today to see home prices bid up beyond the asking price. To prepare for that possibility, you might want to lower your sights a bit to make sure homes you are pursuing stay within your budget, even if you have to offer more than the list price of the home.

5) Be patient and persistent

Buying a home in such a competitive marketplace is not likely to happen overnight. The process may take some time. In many markets, there are a fair number of potential buyers for quality homes. Sellers have the upper hand right now. It may become frustrating at times, but persistence is necessary to find the right property and be in a position to present the winning offer. If buying a new home is a priority for you, stay committed to the idea and have faith that the right opportunity will come along at the right time.

MICHAEL W. K. YEE, CFP,® CFS,® CLTC, CRPC®
1585 Kapiolani Blvd., Ste. 1100, Honolulu, HI 96814
808-952-1222, ext. 1240 | michael.w.yee@ampf.com
https://www.ameripriseadvisors.com/michael.w.yee
Michael W. K. Yee, CFP®, CFS®, CLTC, CRPC ®, is a Private Wealth Advisor, Certified Financial Planner ™ practitioner with Ameriprise Financial Services, LLC in Honolulu, HI. He specializes in fee-based financial planning and asset management strategies and has been in practice for 37 years. Investment advisory products and services are made available through Ameriprise Financial Services, LLC, a registered investment adviser.
Ameriprise Financial Services, LLC. Member FINRA and SIPC.
© 2021 Ameriprise Financial, Inc. All rights reserved.

In many parts of the country, home prices have been soaring. According to the National Association of Realtors, the median existing-home price rose more than 17 percent in the one-year period ending in March 2021. This reflects just how competitive the market has become for homebuyers. If you are among those looking to purchase a…
Define Your Legacy’s Intentions

According to the book, Preparing Heirs: Five Steps to a Successful Transition of Family Wealth and Values, “60 percent of transition failures were caused by a breakdown of communication and trust within the family unit.” With the aging demographic of baby boomers, the high cost of living in Hawai‘i and the increase in multigenerational homes, the potential influx in trust litigation is foreseeable. Where it is appropriate, I believe that encouraging clients to partake in difficult and potentially messy family discussions about their legacy and explaining “the why” behind their intentions is an integral part of preventing unwanted litigation. It may protect the overall health of the family. When willing clients feel the need for assistance in engaging in family discussions, a mediator may be effective in resolving any family disputes.

I also recommend that clients further solidify their intentions by writing them down as the foundation of their estate plan. Those creating a trust should prepare written guidance as to its underlying intentions. Having a well-defined estate plan will help give you and your family more peace of mind and promote harmony. But please make sure that when you are working with your estate planning attorney that your intentions are clearly defined. It can make all the difference.

STEPHEN B. YIM, ATTORNEY AT LAW
2054 S. Beretania St., Honolulu, HI 96826
808-524-0251 | www.stephenyimestateplanning.com

According to the book, Preparing Heirs: Five Steps to a Successful Transition of Family Wealth and Values, “60 percent of transition failures were caused by a breakdown of communication and trust within the family unit.” With the aging demographic of baby boomers, the high cost of living in Hawai‘i and the increase in multigenerational homes,…
Ingredients for Cooking Up a Scam

In the dozen-plus years I have specialized in prosecuting elder financial fraud cases at the Prosecutor’s Office, it has become pretty easy for me to spot and disassemble how the majority of scams work. Like how a master chef can taste a dish and tell you the ingredients he tastes, I can smell a “business opportunity” or a get rich quick scheme and identify the individual parts of it that will reveal it to be an actual scam.

There are always certain ingredients present in a successful con. These elements, or red flags, of a scam can include anything from creating a sense of urgency in the victim, to playing on strong emotions, like fear or joy. The more of these elements present in the con, the more likely the con will be successful.

For example, the lottery scam (where you are told you won a prize but have to pay a fee to collect it or lose it) has a lot of these scam components. First, you are told you won a prize (getting something for nothing and the strong emotion of joy created). You have to keep the winning of the lottery a secret because of “reasons” (secrecy and isolating the victim from seeking advice). You have to pay taxes or a fee very soon before you collect your winnings (create a sense of urgency and the strong emotion of fear of losing your prize). You make a payment, only to be told there are more unexpected payments to be made (fear of losing out on your initial investment — you start chasing your money).

Once you recognize individual components of a deal, it becomes easier to realize when something may be actually a scam as opposed to a deal of a lifetime. The IRS is calling to say you are going to be arrested unless you pay them with a gift card immediately, or you receive a message from someone claiming to be a family member in peril in need of money, aka, the Grandma Scam (sense of urgency, creation of fear and isolating the victim from seeking good advice).

The one main ingredient that all cons seem to share is that the scam artist wants a person to make an emotional decision about money. If you find yourself about to take any action where you are about to give up anything of value and you are doing it in response to a strong emotion, stop, take a breath and see if you can smell any scam ingredients that may be present.

If you suspect elder abuse, call these numbers:
Police: 911 | Adult Protective Services: 808-832-5115
Elder Abuse Unit: 808-768-7536
For questions, email ElderAbuse@honolulu.gov

In the dozen-plus years I have specialized in prosecuting elder financial fraud cases at the Prosecutor’s Office, it has become pretty easy for me to spot and disassemble how the majority of scams work. Like how a master chef can taste a dish and tell you the ingredients he tastes, I can smell a “business…
Give While You Live

Kingdom Advisors founder Ron Blue takes an interesting approach to estate planning. He advocates lifetime giving as a way to assure that the objects of your bounty are worthy recipients of your wealth. This could play out in a couple of different ways.

Making gifts to your loved ones during your lifetime will enable you to see how your beneficiaries handle newfound wealth. This could be a great way to “test drive” your estate plan and determine how well it works while you are still able to make adjustments. If one beneficiary turns out to be a poor steward of your wealth, you can always direct assets to other beneficiaries upon your death.

The same principles apply to charitable gifts. Your favorite charity could turn out to be a poor manager of donated assets. It would be far better to find that out during your lifetime than to leave your loved ones regretting your philanthropic choices. If a charity does what you hope it will do with your gift, you can add to it upon your death. Not only that, but your gift may have far greater impact the sooner you make it.

As Ron Blue says, you should consider “giving while you’re living so you’re knowing where it’s going.” It’s sound advice for anyone who prefers to test the water before diving in head first.

SCOTT MAKUAKANE, Counselor at Law
Focusing exclusively on estate planning and trust law.
www.est8planning.com
808-587-8227 | maku@est8planning.com

Making gifts to your loved ones during your lifetime will enable you to see how your beneficiaries handle newfound wealth. This could be a great way to “test drive” your estate plan and determine how well it works while you are still able to make adjustments. If one beneficiary turns out to be a poor…
Demystifying Life Insurance

The COVID-19 pandemic reminded Americans how fragile life is. Applications for life insurance policies in the United States increased 4 percent in 2020, according to the MIB Life Index. If you’re thinking about purchasing life insurance coverage, here’s some basic information to help you make an informed decision.

Why you need it

Death can occur when we least expect it. Life insurance provides financial support for loved ones left behind after a death from illness, accident or natural causes. Dependents or other named beneficiaries receive the proceeds of the policy, which are intended to compensate for lost income.

Clearly, breadwinners should have life insurance to protect those who depend upon their income. But life insurance is also appropriate for others. A child with a life insurance policy is guaranteed coverage into adulthood, regardless of pre-existing health conditions. For families with young children, if a non-income-earning spouse pre-deceases the working spouse, life insurance proceeds can help cover the cost of childcare. Single people without dependents should consider purchasing a policy that covers funeral costs and any outstanding debts, so these responsibilities are not left to family members.

Types of life insurance

There are two main types of life insurance:

• Term life insurance — Term life insurance covers a set period of time, such as 10, 20 or 30 years. If the policyholder dies during the term of the policy, the named beneficiaries receive the death benefit. There is no residual benefit to this type of policy if the term expires and the policyholder is still living. All the money paid over the years of the term belongs to the life insurance company. On the plus side, term policies are less expensive than whole policies. Many workers choose a term policy during their working years to provide income protection to their dependents.

• Whole life insurance — Whole life insurance offers permanent, lifelong coverage. It does not end at a certain age. Once you have a whole life policy, the state of your health does not impact what you pay (whereas with a term policy, if you want to extend your coverage, your health and age determine how much more you pay each month and whether you even qualify for continued coverage). A portion of your whole life premium is invested and grows in a tax-deferred account, managed by the life insurance company, and accumulates what is called “cash value.”

Whole life is more expensive than a term life policy, but the policyholder retains the option to borrow money against the cash value or cash in the policy. High net worth individuals sometimes use this type of policy to offset estate taxes for their heirs. Families with a special needs child may prefer this type of policy for the guaranteed income it can provide. Others simply prefer whole life for the flexibility it offers as both an investment and life insurance product.

Get covered

Life insurance is an important aspect of a comprehensive overall financial plan. Your financial advisor can help you review your life insurance options and select a suitable level of coverage. Buying while you are young and healthy can help you lock in a more affordable rate.

MICHAEL W. K. YEE, CFP,® CFS,® CLTC, CRPC®
1585 Kapiolani Blvd., Ste. 1100, Honolulu, HI 96814
808-952-1222, ext. 1240 | michael.w.yee@ampf.com
https://www.ameripriseadvisors.com/michael.w.yee
Michael W. K. Yee, CFP,® CFS,® CLTC, CRPC,® is a Private Wealth Advisor, Certified Financial Planner™ practitioner with Ameriprise Financial Services Inc. in Honolulu, Hawai‘i. He specializes in fee-based financial planning and asset management strategies, and has been in practice for 36 years. Investment products are not federally or FDIC-insured, are not deposits or obligations of, or guaranteed by any financial institution, and involve investment risks including possible loss of principal and fluctuation in value. Investment advisory products and services are made available through Ameriprise Financial Services LLC., a registered investment advisor.

Ameriprise Financial Services LLC. Member FINRA and SIPC.
© 2021 Ameriprise Financial Inc. All rights reserved.

The COVID-19 pandemic reminded Americans how fragile life is. Applications for life insurance policies in the United States increased 4 percent in 2020, according to the MIB Life Index. If you’re thinking about purchasing life insurance coverage, here’s some basic information to help you make an informed decision.
Passing on Keepsakes

Question: Should I write instructions regarding my jewelry and other personal assets in my will?

Answer: The best method for passing on keepsakes is to use a Personal Property Memorandum.

The State of Hawai‘i allows you to make your own list of beneficiaries of tangible personal property. Just hand-write the list of property and the beneficiary, sign it and date it.

What are the Benefits of Creating a Personal Property Memorandum?

Passing on keepsakes to those we care about and who we know will cherish them can be a meaningful experience. We hope that the recipient of these items will continue to find value and meaning in the keepsake long after we are gone.

• It can help reduce any conflict that might occur between siblings after parents die. A parent’s death can be a very stressful time as people are asked to deal with assets while they are grieving. This can strain relationships. A parent making the decision rather than leaving it up to the children to decide can greatly reduce conflict.

• It can reduce legal fees. A Personal Property Memorandum does not require the assistance of an attorney, thus eliminating attorney costs.

• Enrich your relationships by fostering communication now. It can bring relationships closer when you engage in a conversation with each beneficiary, in person, to tell the story and value of the item you intend to leave for him or her.

STEPHEN B. YIM, ATTORNEY AT LAW
2054 S. Beretania St., Honolulu, HI 96826
808-524-0251 | www.stephenyimestateplanning.com

Passing on keepsakes to those we care about and who we know will cherish them can be a meaningful experience. We hope that the recipient of these items will continue to find value and meaning in the keepsake long after we are gone.