I let Friday be a day of celebration for the current administration and admittedly a positive sign if you define positive as more people working than staying at home watching TV.
However here's the truth about the jobs report, it is laced with an underlying malaise that requires some follow up comments.
Presidential Candidate Ross Perot summed it up with his comment on trade agreements (while debating President George H.W. Bush and President Clinton, then Governor Clinton) in a nationally televised debate; Ross Perot said trade agreements are great if you want a bunch of seven dollar an hour chicken farmers.
That was over 19 years ago and sadly Ross Perot was right, we have seasonal jobs and also lower wage jobs due to our exporting jobs overseas. Too many traders that I spoke with yesterday said that the numbers look like good news but are a false positive.
This morning on Bulls and Bears on FOX the discussion was on a slow recovery that is shaky.
We'll see if there is a downward revision on the current numbers when we look at the January jobs report. Until then don't be fooled by the stability of chicken farming and seasonal retail jobs.
written by Brad Richdale all rights reserved
blog founded by Bradford Richdale
Saturday, December 3, 2011
Friday, December 2, 2011
Today's Unemployment Numbers What Do They Really Mean? By BRADFORD RICHDALE
It's nice to see good news in today's unemployment numbers, at the age of fifty four I know that a little good news can start an avalanche of belief.
All it takes is for the people with money to start spending it and you would be surprised how momentum can create better opinions for the future of the economy and a recovery.
Despite the good news the lack of a budget deal will continually come back to haunt us. As I said recently, the Super Committee is, was and will always be Super Bologna.
written by Brad Richdale copyright 2011 all rights reserved
blog founded by Bradford Richdale
Brad Richdale is the founder of the Brad Richdale Internet Yellow pages
All it takes is for the people with money to start spending it and you would be surprised how momentum can create better opinions for the future of the economy and a recovery.
Despite the good news the lack of a budget deal will continually come back to haunt us. As I said recently, the Super Committee is, was and will always be Super Bologna.
written by Brad Richdale copyright 2011 all rights reserved
blog founded by Bradford Richdale
Brad Richdale is the founder of the Brad Richdale Internet Yellow pages
Tuesday, November 29, 2011
Jimmy Fallon Under Fire And For Good Reason by BRAD RICHDALE AMAZON
As an Independent I don't come down on party lines but I do think the ethical issue with Michelle Bachman's appearance on Jimmy Fallon's show along with the pre-meditated attack with a theme song too vulgar to mention warrants the firing of the Excutive Producer of Fallon's program and a far more serious reprimand than what NBC offered to Bachman.
We have slipped into behavior that is shameful, yet consistent.
written by Brad Richdale copyright all rights reserved 2011
BLOG FOUNDED BY BRADFORD RICHDALE
design work also found at Brad Richdale Amazon
We have slipped into behavior that is shameful, yet consistent.
written by Brad Richdale copyright all rights reserved 2011
BLOG FOUNDED BY BRADFORD RICHDALE
design work also found at Brad Richdale Amazon
Thursday, September 29, 2011
Why Tom Steyer May Be Right About The Buffet Tax
You might be wondering who Tom Steyer is so I'll begin by sharing with you a little about Tom before I state his argument.
Tom Steyer is a quiet Billionaire who lives in San Francisco and is the co-managing partner of Farallon Capital. His firm focuses on managing funds for high net worth individuals, college endowments and foundations. As of 2011, Farallon Capital Management is the 12th largest hedge fund in the world managing US 21.5 billion in assets. Maybe you're asking a perfectly logical question, "why am I even mentioning this guy?'
Fair question. I went to Prep School with Tom at Phillips Exeter Academy in balmy Exeter, New Hampshire (you will need more than flip flops and board shorts to get through the Winter).
Tom and I entered Exeter in 9th grade. He began in the first semester, I entered quickly after my late first semester interview with the former Admissions Director, Arthur Peekal. After I swam with the varsity team I got out of the pool and was given an invitation to enroll in the academy after the Christmas break. Soon thereafter I met Tom. Coming from a mess of a childhood and no parenting I was receptive to people with character, Tom was one of those people.
Tom was always on time for classes, a great student, a hard nosed athlete (don't ever bet against him in any sport) and one of the few people I looked to as a great model of what I wanted to become. Everyone knew Tom would succeed in his career.
Tom Steyer is advocating the now renowned "Buffet Tax" bantered by the pundits on the left as necessary and on the opposing side as "silly, egregious, and ruinous." You know what they say about opinions don't you?
Tom is vicarious as are most Democrats and Republicans. High net worth Republicans are bitter of the thought of higher taxes despite having plenty of money. Some have threatened to pull up stakes and leave, even renounce their citizenship and head for perceived greener pastures.
Despite the fact I'm a jaded 54 year old Independent who has heard so many silly campaign promises that never materialize, I pondered Tom's primary selling point, frankly after much deliberation it's a pretty good one.
Tom Steyer's rationale is we are blessed to be citizens of the United States. He's right, imagine living (where my best friend lives) in Nigeria? There you are fortunate if you have food and water on a daily basis. Tom is on to something, despite all we complain about, I can list one hundred places in the World where things are not as good as they are here in the United States. Being here and being part of the World's primary economic engine despite shipping jobs overseas, is still better than living in London, Munich or even Beijing.
Republicans have moaned about the "Buffet Tax" and I hear their argument and to an extent it's true, a higher tax on the upper 1% is to some extent pretty silly especially with so much government waste. We may see many high net worth individuals move to Canada where there are no capital gains taxes, or even Hawaii (oops I almost forgot that's part of the United States).
Having spent much of my adult life in the top one percent of taxpayers I found myself on the side of Republicans until I heard Warren Buffet and especially Tom Steyer's argument.
There is however a caveat that may be demonstrative of my Independent status, "what about the expense side of the equation?" If I'm going to pay more why don't we cut a billion in expenses weekly and stop debasing the currency by monetizing debt?
Why can't the sanctity of Larry Summers, the Clinton administration and a balance of power in the House and the Senate be revived? There's something to vote for...no new legislation.
The Clinton years were pretty good for the United States and at time things were entertaining to say the least. I knew that President Bill Clinton was effective in his administration's control of spending when I heard several members of the armed forces complain about a lack of things that they grew accustomed to in other administrations. During the Clinton years, the dollar was far stronger for eight years than it is now and you didn't need to sell an internal organ to travel to Europe.
Why can't we cut spending and raise taxes for the wealthiest taxpayers for a specific time period? It worked for President Clinton. Like him or not, he learned a lot about math at Oxford. Larry Summers also has a few sharp number two pencils and understood prosperity comes from the Government living within its means, first and foremost.
A return to sanity would be refreshing. However make no mistake, we are in a Holy War...so the "back to the past" financial model may bring prosperity" but the lack of keeping our foot on the throat of the enemy will allow the enemy to gain strength. I would like us to be more fiscally responsible but we have shoved hundreds of pitchforks into a giant snake pit; leaving will most likely lead to some unparalleled consequences. I am convinced that most of Al Qaeda owns the complete box collection of "24" and the fictional Jack Bauer is no where to be found (he might be hiding out at the Mondrian on Sunset).
Despite my argument for the coordinated fiscal effort, the utopia of a balance of power and fiscal responsibility we are in a real conflict that will come to our door. Either you are on offense or you are on defense in a war. I always liked shooting the ball rather than blocking it. Offense applies pressure, defense often waits for it.
As you may surmise I am now leaning more so towards higher taxes on the wealthiest taxpayers due to the fact that like it or not, the World has changed substantially since President Clinton spent two very prosperous terms as President. We are in the greatest Holy War of all time and don't forget the advantage of being on offense especially when you are already on offense.
Regardless of my leaning towards Tom Steyer's viewpoint, I still think we are pouring billions every month down dark bottomless holes with no regard for the debasement of the Dollar or job creation. I doubt my view on spending and the lack of job creation is unique.
Maybe Tom Steyer can take over when it comes to domestic job creation, he's pretty good at attacking big problems and leading. Come to think of it so is Warren Buffet.
Be grateful and count your blessings you are still in the United States.
written by Brad Richdale copyright 2011 all rights reserved
Tom Steyer is a quiet Billionaire who lives in San Francisco and is the co-managing partner of Farallon Capital. His firm focuses on managing funds for high net worth individuals, college endowments and foundations. As of 2011, Farallon Capital Management is the 12th largest hedge fund in the world managing US 21.5 billion in assets. Maybe you're asking a perfectly logical question, "why am I even mentioning this guy?'
Fair question. I went to Prep School with Tom at Phillips Exeter Academy in balmy Exeter, New Hampshire (you will need more than flip flops and board shorts to get through the Winter).
Tom and I entered Exeter in 9th grade. He began in the first semester, I entered quickly after my late first semester interview with the former Admissions Director, Arthur Peekal. After I swam with the varsity team I got out of the pool and was given an invitation to enroll in the academy after the Christmas break. Soon thereafter I met Tom. Coming from a mess of a childhood and no parenting I was receptive to people with character, Tom was one of those people.
Tom was always on time for classes, a great student, a hard nosed athlete (don't ever bet against him in any sport) and one of the few people I looked to as a great model of what I wanted to become. Everyone knew Tom would succeed in his career.
Tom Steyer is advocating the now renowned "Buffet Tax" bantered by the pundits on the left as necessary and on the opposing side as "silly, egregious, and ruinous." You know what they say about opinions don't you?
Tom is vicarious as are most Democrats and Republicans. High net worth Republicans are bitter of the thought of higher taxes despite having plenty of money. Some have threatened to pull up stakes and leave, even renounce their citizenship and head for perceived greener pastures.
Despite the fact I'm a jaded 54 year old Independent who has heard so many silly campaign promises that never materialize, I pondered Tom's primary selling point, frankly after much deliberation it's a pretty good one.
Tom Steyer's rationale is we are blessed to be citizens of the United States. He's right, imagine living (where my best friend lives) in Nigeria? There you are fortunate if you have food and water on a daily basis. Tom is on to something, despite all we complain about, I can list one hundred places in the World where things are not as good as they are here in the United States. Being here and being part of the World's primary economic engine despite shipping jobs overseas, is still better than living in London, Munich or even Beijing.
Republicans have moaned about the "Buffet Tax" and I hear their argument and to an extent it's true, a higher tax on the upper 1% is to some extent pretty silly especially with so much government waste. We may see many high net worth individuals move to Canada where there are no capital gains taxes, or even Hawaii (oops I almost forgot that's part of the United States).
Having spent much of my adult life in the top one percent of taxpayers I found myself on the side of Republicans until I heard Warren Buffet and especially Tom Steyer's argument.
There is however a caveat that may be demonstrative of my Independent status, "what about the expense side of the equation?" If I'm going to pay more why don't we cut a billion in expenses weekly and stop debasing the currency by monetizing debt?
Why can't the sanctity of Larry Summers, the Clinton administration and a balance of power in the House and the Senate be revived? There's something to vote for...no new legislation.
The Clinton years were pretty good for the United States and at time things were entertaining to say the least. I knew that President Bill Clinton was effective in his administration's control of spending when I heard several members of the armed forces complain about a lack of things that they grew accustomed to in other administrations. During the Clinton years, the dollar was far stronger for eight years than it is now and you didn't need to sell an internal organ to travel to Europe.
Why can't we cut spending and raise taxes for the wealthiest taxpayers for a specific time period? It worked for President Clinton. Like him or not, he learned a lot about math at Oxford. Larry Summers also has a few sharp number two pencils and understood prosperity comes from the Government living within its means, first and foremost.
A return to sanity would be refreshing. However make no mistake, we are in a Holy War...so the "back to the past" financial model may bring prosperity" but the lack of keeping our foot on the throat of the enemy will allow the enemy to gain strength. I would like us to be more fiscally responsible but we have shoved hundreds of pitchforks into a giant snake pit; leaving will most likely lead to some unparalleled consequences. I am convinced that most of Al Qaeda owns the complete box collection of "24" and the fictional Jack Bauer is no where to be found (he might be hiding out at the Mondrian on Sunset).
Despite my argument for the coordinated fiscal effort, the utopia of a balance of power and fiscal responsibility we are in a real conflict that will come to our door. Either you are on offense or you are on defense in a war. I always liked shooting the ball rather than blocking it. Offense applies pressure, defense often waits for it.
As you may surmise I am now leaning more so towards higher taxes on the wealthiest taxpayers due to the fact that like it or not, the World has changed substantially since President Clinton spent two very prosperous terms as President. We are in the greatest Holy War of all time and don't forget the advantage of being on offense especially when you are already on offense.
Regardless of my leaning towards Tom Steyer's viewpoint, I still think we are pouring billions every month down dark bottomless holes with no regard for the debasement of the Dollar or job creation. I doubt my view on spending and the lack of job creation is unique.
Maybe Tom Steyer can take over when it comes to domestic job creation, he's pretty good at attacking big problems and leading. Come to think of it so is Warren Buffet.
Be grateful and count your blessings you are still in the United States.
written by Brad Richdale copyright 2011 all rights reserved
Sunday, September 25, 2011
How Does Phototherapy and PBM Work On The Human Body by Brad Richdale
- Increase RNA and DNA synthesis. This helps damaged cells to be replaced more promptly.
- Light therapy has been shown to increase vascular circulation by increasing the formation of new capillaries, which are additional blood vessels that replace damaged ones. New capillaries speed up the healing process by supplying additional oxygen and nutrients needed for healing.
- Increase lymphatic system activity. Edema, which is the swelling or natural splinting process of the body, has two basic components. The first is a liquid part which can be evacuated by the blood system and the second is comprised of the proteins which have to be evacuated by the lymphatic system. Research has shown that the lymph vessel diameter and the flow of the lymph system can be doubled with the use of light therapy. The venous diameter and the arterial diameters can also be increased. This means that both parts of edema (liquid and protein) can be evacuated at a much faster rate to relieve swelling.
- Stimulate the release of adenosine triphosphate (ATP). ATP is the major carrier of energy to all cells. Increases in ATP allow cells to readily accept nutrients and expel waste products faster by increasing the energy level in the cell. All food turns into ATP before it is utilized by the cells. ATP provides the chemical energy that drives the chemical reaction of the cell.
- Reduce the excitability of nerve tissue. The photons of light energy enter the body as negative ions. This requires the body to send positive ions, calcium among others, to flow to the area being treated. These ions assist in regulating the nerves, thereby relieving pain.
- Stimulate fibroblastic activity which aids in the repair process. Fibroblasts are present in connective tissue and are capable of forming collagen fibers.
- Increase phagocytes, which is the process of scavenging for and ingesting dead or degenerated cells by the phagocyte cells. This is an important part of the infection control process. The healing process depends upon the Destruction of infection and cellular clean up.
- Induce a thermal like effect in the tissue. The light raises the temperature of the cells although there is no heat produced from the diodes themselves.
- Stimulate tissue granulation and connective tissue projections, which are part of the healing process of wounds, ulcers or inflamed tissue. Stimulate acetylcholine release. Acetylcholine causes cardiac inhibition, vasodilatation, gastrointestinal peristalsis and other parasympathetic effects.
written by Brad Richdale copyright 2011 all rights reserved
Thursday, September 22, 2011
Phototherapys Mood Altering Effects by Brad Richdale Marketing Newsletter
story written by Brad Richdale
blog founded by Bradford Richdale
Monday, September 19, 2011
Congrats To Ryan Lochte For USA SWIMMER OF THE YEAR by Brad Richdale
I've known Ryan Lochte for 15 years. He was just a kid who didn't comb his hair when I first worked out with him. Three years later he rocketed to 99th in the world in the 800 meter freestyle for his first FINA World Ranking. That summer he turned 16 and came from behind with 50 meters to go and mowed down a field of college swimmers in the 400 meter freestyle at Bolles to win at just above four minutes. He was on his way and now has made history once again.
Ryan proved all the experts wrong and in the post era of swimmers using wet suits that shattered records in Rome in the 2009 World Championships. Lochte broke the World Record in Shanghai this summer r
London 2012 will rock, the Americans are coming!
http://www.usaswimming.org/ViewNewsArticle.aspx?TabId=0&Alias=Rainbow&Lang=en&ItemId=3753&mid=9874
Ryan Lochte story written by Brad Richdale on his Swimmer of The Year Award
Ryan proved all the experts wrong and in the post era of swimmers using wet suits that shattered records in Rome in the 2009 World Championships. Lochte broke the World Record in Shanghai this summer r
London 2012 will rock, the Americans are coming!
http://www.usaswimming.org/ViewNewsArticle.aspx?TabId=0&Alias=Rainbow&Lang=en&ItemId=3753&mid=9874
Ryan Lochte story written by Brad Richdale on his Swimmer of The Year Award
Saturday, August 27, 2011
INSURANCE REFUNDS IN CALIFORNIA by Brad Richdale
Disagreements
sometimes arise regarding an amount due on an insurance bill, the amount a
company has paid on a claim, or even the nonpayment on an insurance claim. posted by Brad Richdale When
you’ve been taken advantage of monetarily by an insurance broker, it’s often
very difficult to navigate through a library of resources on the Internet and
through insurance commissioners to find the appropriate information on how to
file a dispute. In this chapter, we will discuss what to do before you file an
insurance complaint along with a step-by-step process on how to file a dispute
with your state’s insurance commissioner.
To begin, an
insurance commissioner is an elected executive office or cabinet position who
is also in charge of the Department of Insurance in the state in which you
reside. Each office differs state by state. The individual’s duties are to:
Oversee and direct all functions of the Department of Insurance; licenses,
regulates and examines insurance companies; answers public questions and
complaints regarding the insurance industry; and enforces the laws of their
state’s Insurance Code and adopts regulations to implement the laws.
In some states,
the insurance department or division is autonomous; in other states, the
department is part of a larger body of government. The National Association of
Insurance Commissioners (NAIC) is the professional association for these
officeholders.
Before you file
an insurance complaint, there are a few factors you should go over and fulfill
before bringing the case to an official commissioner. Varying by each state,
the commissioner handles most insurance problems involving home, business,
auto, health, HMO, life, dental, among others. These problems may include claim
disputes, sales misrepresentations, coverage issues, premium problems, policy
cancellations and refunds. Some insurance commissioners will also investigate
complaints against insurance producer/brokers and public adjusters. Depending
on which state you reside in, it could take upward of 45 days for investigation
and resolution of a complaint.
Contact your
insurance company first if you have a claim dispute. When contacting your
insurance company, have your policy number on hand. Ask the insurance representative
where your written dispute needs to be sent. State your complaint and how you
anticipate the company to resolve it. Keep in mind that sending the dispute in
writing encourages a written response.
Remember to
always document your phone calls by noting the phone number you called, name of
the person with whom you spoke, date of the call and a concise summary of the
conversation. Keep copies of all written communications for future use. Along
with the written complaint, send copies of letters, invoices, notes,
advertising collateral, canceled checks, or other certificates that support
your complaint and keep the original copies safely stowed away.
There are also a number of
items that your state’s insurance commissioner cannot aid you with during the
filing process:
- Take on the role as your legal representative, in or out of court.
- Get involved in a pending lawsuit or case where you are represented by legal counsel, or execute a judgment.
- Give a medical decision of an individual’s medical condition. However, some commissioners can investigate to conclude if the denial is arbitrary or impulsive and whether or not the denial decision was made in accordance with the terms of the insurance contract and state insurance laws and regulations.
- Determine disputes between policyholders or claimants and insurance companies, or their representatives, that involve the following matters:
- Who is negligent or at fault;
- The facts surrounding a claim, meaning who might be telling the truth in the matter when accounts of the case differ;
- The value of a claim or the total of money owed to you; or
- Any other factual disagreements between you and any other party.
- Classify an insurance company with whom a person may have a policy;
- Settle complaints against service providers unless the objections involve the actions of insurers.
In order to
resolve your dispute efficiently and agreeably, consider these following steps
on how to file a dispute with your state’s insurance commissioner.
Gather all the information and documents available regarding the insurance
policy. If you know where the actual policy is physically, then make sure it is
available to you. Check all your files for any communication between the
insured and the insurance company. Any suggestion that the policy exits and
that the insurance company had a contractual obligation will be significant to
your case. It is important to also look to see how the policy was being paid.
Speak with the adjuster associated with your claim. Ask for an
explanation of the details reason why your insurance claim was denied, unpaid
or taken advantage of. They will tell you if it a policy interpretation
question or any other concern that may have risen. They will be prepared to
offer you more information than simply denying your claim.
For more information go to http://insurance.ca.gov/
written by Brad Richdale 2011 all rights reserved
For more information go to http://insurance.ca.gov/
written by Brad Richdale 2011 all rights reserved
QDIA QUESTIONS ANSWERED BY BRAD RICHDALE
- that would be caused by large amounts of stable value investments being liquidated and moved to other QDIAs. posted by Brad Richdale
- No Redemption Fees or Expenses – The regulation provides that (a) any transfers or withdrawals within 90 days from the QDIA by a participant “shall not be subject to any restrictions, fees or expenses (including surrender charges, liquidation or exchange fees, redemption fees and similar expenses charged in connection with the liquidation of, or transfer, from the investment)...”, but (b) that restriction “shall not apply to fees and expenses that are charged on an ongoing basis for the operation of the investment itself (such as investment management fees, distribution and/or service fees, ‘12b-1’ fees, or legal, accounting, transfer agent and similar administrative expenses) and are not imposed, or do not vary, based on a participant’s....decision to withdraw, sell or transfer assets out of the qualified default investment alternative...”
The proposed
regulation had prohibited any penalties on transfers or withdrawals, without
time limit. This limits any transfer fees or restrictions, but only for 90
days. As a result, plans need to determine whether their default investments
impose redemption fees for short-term trading; if so, those investments will
not be QDIAs and will not have the fiduciary safe harbor.
- 100 Percent Equity Funds Are Not QDIAs – The regulation provides “...the Department believes that when an investment is a default investment, the investment should provide for some level of capital preservation through fixed income investments. Accordingly, the final regulation, like the proposal, continues to require that the qualified default investment alternatives, defined in paragraph (e)(4)(i), (ii) and (iii), be designed to provide degrees of long-term appreciation and capital preservation through a mix of equity and fixed income exposures.” In other words, as we interpret it, for lifecycle, lifestyle or balanced funds, or managed accounts, to be QDIAs, they must have an allocation to fixed income. The unanswered question is whether a lifecycle, or target maturity, fund’s “glidepath” to an allocation in fixed income satisfies this condition. This discussion also raises the issue of how much is enough? For example, is a three percent allocation to fixed income satisfactory for a 2050 fund? We have posed these questions to the Department of Labor (DOL).
- Asset Allocation Models – The proposed regulation, in effect, required that asset allocation models be managed by a fiduciary investment manager. The final regulation changes that requirement and allows plan sponsors to manage the asset allocation models for participants, which is consistent with existing practices. This is a welcome “surprise.” (As a disclosure, we commented to the DOL that this change should be made, as models are used successfully for many participants. Also, in large plans, the models incorporate the plans’ low-cost funds – such as institutional shares and collective trusts, thereby substantially reducing the cost to the employees.)
As you can see there were many
requirements that these corporations were given to comply to. The biggest issue
they had was handing this responsibility off to the mutual fund companies who
were yearning to get the extra assets, which allowed for more fees. The burden
was on the corporations and unfortunately they believed the mutual fund
companies had kept them in compliance. In many cases they weren’t kept in
compliance, which opened them up to massive amounts of liability.
written by Brad Richdale copyright 2011 all rights reserved
QDIA QUESTIONS CONTINUE DESPITE SEMINAR by Brad Richdale
institution.
As a practical matter, we believe plans will use money market accounts or
similar short-term vehicles for this purpose. posted by Brad Richdale
The long-term QDIAs are
target maturity funds or models (e.g., lifecycle or target date funds),
balanced funds or models (including risk-based lifestyle funds) and managed
accounts.
The grandfathered QDIA is
a stable value investment. The regulation defines it generally as a product
“designed to guarantee principal and a rate of return generally consistent with
that earned on intermediate investment grade bonds.” (Note that there are
additional limitations in the definition.) Defaults in this grandfathered
option on the date the regulation was issued (October 24, 2007), plus any
additional amounts that are deposited into the stable value option on or before
December 23, 2007, will be grandfathered as a QDIA. However, to obtain
fiduciary protection for deposits for those previously defaulted participants
that are made after December 23, the new amounts must be placed in a long-term
QDIA.
In a future bulletin, we
will discuss each of these QDIAs in more detail.
Q: What must fiduciaries do after
selecting a particular category or type of QDIA investment?
Once
a fiduciary has identified the type of QDIA that will be used by the plan, the
fiduciary must engage in a prudent process to select the particular investment
fund, model portfolio, or managed account service. In addition, the fiduciary
must monitor that selection to ensure that it remains a prudent choice.
The preamble states the
general rule regarding a fiduciary’s duties and provides an example to
illustrate the application of those duties: “the plan fiduciary must prudently
select and monitor an investment fund, model portfolio, or investment
management service within any category of qualified default investment
alternatives in accordance with ERISA’s general fiduciary rules. For example, a
plan fiduciary that chooses an investment management service that is intended
to comply with paragraph (e)(4)(iii) [the investment manager alternative] of
the final regulation must undertake a careful evaluation to prudently select among
different investment management services.”
Similar standards would
apply to other forms of QDIAs, for example, to the selection of a suite of
target maturity funds.
Q: Were there any surprises in the
regulation?
- 120-Day Short-Term Investment Option – The money market QDIA – for the limited period of 120 days – was not in the proposed regulation. As a result, it was somewhat of a surprise. We assume it is primarily intended to coordinate with the provision in the Internal Revenue Code allowing automatically enrolled participants to request the withdrawal of their accounts within 90 days. However, it will also be helpful for avoiding transfer fees (e.g., redemption fees) for withdrawals and transfers within the first 90 days.
written by Brad Richdale copyright 2011 all rights reserved
blog founded by Bradford Richdale
Saturday, August 20, 2011
THE INS AND OUTS OF ESTATE PLANNING TRUSTS by BRAD RICHDALE
1.
By
avoiding the probate process, the trust agreement won’t become public record
and therefore will protect your property and the beneficiaries after you pass
away.
A
revocable living trust follows three different phases of the individual’s life:
while the trustmaker is alive, if the trustmaker becomes mentally incapacitated
and after the trustmaker dies. I go into more detail about this on Brad Richdale scam in last month's column.
Phase One: The
Trustmaker Is Alive and Well
While
the trustmaker is alive and well, the trust agreement allows for specific
provisions that the individual must manage, invest in and spend the assets for
his or her own benefit. Throughout the person’s life, he or she will go on as
usual regarding the assets that have been funded into the trust and the
trustmaker will sign as a “trustee” instead of as an individual. The trustmaker
will also have to file different tax forms.
Phase Two: The
Trustmaker Becomes Mentally Incapacitated
The
trust will specify what should happen if the trustmaker becomes mentally
incapacitated. If the trustmaker is no longer able to act as the trustee due to
mental illness, the agreement will name a successor “Disability Trustee” that
will handle the management and investment of the trust funds. The Disability
Trustee will then be able to follow through with the trustmaker’s finances and
pay the bills.
Phase Three: The
Trustmaker Dies
When
the trustmaker dies, the “Successor Trustee” will take hold of the trust and
pay any of the trustmaker’s final bills or debts. The agreement will also
contain instructions about who will get the balance of the trust funds and they
will be distributed accordingly.
How and When To Fund A
Revocable Living Trust
A
revocable living trust can be opened at any time and you’d be surprised to know
that you don’t need to put anything into it when you set it up. Some
individuals will put a small amount of money into the trust initially, which is
known as an “unfunded” trust. These are intended to be used in the future, in
case of disability or during old age. Although the trust is empty, you can add
to it when you want and still benefit from not having your property bound to a
trust. Those looking for an alternative to a future guardianship also use
unfunded trusts.
Irrevocable Trusts
An
irrevocable trust is designed so it can’t be changed, amended or revoked. Once
the trust has been established, the written terms of the agreement are set in
stone and can’t be changed for any reason. There are two types of irrevocable
trusts.
A
living irrevocable trust, also called an Inter Vivos irrevocable trust, is
created and funded by a living trustmaker. Some examples include lifetime
gifting trusts like a Qualified Personal Residence trust, irrevocable life
insurance trusts and lifetime charitable trusts. The other type is called a
testamentary irrevocable trust and is created and funded after someone’s death
and no living person has the legal authority to change the terms of the trust.
Irrevocable
trusts can take on a variety of different forms and are ideal for estate
planning goals. For example, an irrevocable life insurance trust is used to
remove the value of property from a person’s estate so the property isn’t taxed
when the person passes away. Therefore, if the beneficiary doesn’t own the
assets, they can’t be taxed when the person dies.
written by Brad Richdale copyright 2010 all rights reserved
blog by Bradford Richdale
Follow me on Twitter https://twitter.com/BradRichdale
written by Brad Richdale copyright 2010 all rights reserved
blog by Bradford Richdale
Follow me on Twitter https://twitter.com/BradRichdale
THE TRUTH ABOUT OFFSHORE TRUSTS By Brad Richdale
In
some cases, investors will actually design their irrevocable trust to expire
after five or ten years in order to prevent themselves from becoming victim of
medical bankruptcy. Assets can also be protected by this type of trust because
the trust maker gives up complete control over and access to the assets and
creditors are not able to deplete the funds.
Offshore Trusts
Offshore
trusts are another way that investors are keeping their funds safe in a
volatile environment. An offshore trust is formed under the laws of an offshore
jurisdiction. Low taxes and lightly regulated jurisdictions apply to the trusts
that many commercial and corporate businesses use to hold their assets. The
arrangement begins when a trust is settled with an offshore institution where
favorable secrecy and trust laws have been applied. Entrepreneurs and
corporations especially enjoy using this type of trust because it becomes
virtually impossible for another person to raise a claim on their asset if they
are brought to court.
The
trust involves three parties: the grantor or settler, the trustee, and the
beneficiary. The grantor or the settler is the entity that settles the trust.
He or she will transfer assets and properties to the trust. The trustee becomes
the legal owner of the assets that the grantor has transferred. The grantor can
be in the form of an institution, company or individual and must still file a
tax return to the IRS regarding the trust.
The
trustee is an institution or person who accepts the trust and becomes the legal
owner of the assets under the trust. He or she has the responsibility to take
care of the beneficiaries of the trust, according to the contract written up
and agreed upon by the grantor and the trustee.
The
beneficiaries, who could be an individual, company or institution, are those
who collect the payment and other benefits from the trust. The beneficiary must
also still file a tax return to the IRS regarding the income they received from
the trust.
Financial
centers, such as the Bahamas ,
the Channel Islands, the Cook Islands and the Cayman
Islands are ideal places to settle a trust because of the lenient
laws that protect these institutions.
To
best determine if an offshore trust is advantageous for your situation, here
are the benefits to establishing an offshore trust.
1.
The
trust will be subject to little or no taxation if the trustees, grantor and
beneficiaries are residents of another country. Therefore, the value of the
trust will accumulate at a greater rate and assets will be protected from any
future taxation changes. A large number of offshore jurisdictions have also
avoided double taxation based on their agreements.
2.
An
offshore trust is a private and confidential arrangement between the grantor
and trustees. The trustee doesn’t have to disclose the names of the grantor or
the beneficiaries to any type of legal authority. Documents about the trust
don’t have to be registered or made available to anyone for public knowledge.
3.
Some
offshore jurisdictions have low depository requirements that can prove to be
extremely useful to those who don’t plan on depositing large sums.
4.
The
protection of the grantor’s estate from governmental interference is another
advantage of this trust.
There
are just a couple disadvantages to establishing an offshore trust:
1.
Some
non-supporters believe that it may be difficult to conduct transactions to
these remote islands and countries. However, there has been an increase in the
use of technology to make these transactions simple and safe.
2.
The
cost to prepare and claim an offshore trust is a little higher and there are
mandatory trustee fees that must be paid each year.
copyright Brad Richdale 2010 all rights reserved
blog by Bradford Richdale
story also found at Brad Richdale Customer Reviews
copyright Brad Richdale 2010 all rights reserved
blog by Bradford Richdale
story also found at Brad Richdale Customer Reviews
THE TRUTH ABOUT FAMILY LIMITED PARTNERSHIPS BY BRAD RICHDALE
1.
Legacy
planning – Not only can a trust be used to minimize or eliminate estate taxes,
but it can also be used to create an ongoing legacy for future generations.
Several states will allow for the trust to continue on for hundreds of years so
that the individuals can establish the trust for their current and future
family members. Legacies can also be created in a community by setting up a
trust or foundation that will provide a gift that will last for many years.
2.
Asset
protection – There are many types of trusts that also offer the added bonus of
protection of judgments and even divorce decrees. For example, offshore trusts
are used to keep assets away from creditors and gifting through a family
limited liability corporation offers protection for the property owned by the
company.
Family Limited
Partnerships
Family
limited partnerships (FLP) have been popular for several years as asset protection
and tax planning. It’s a type of limited partnership that is formed by an
official filing with the Secretary of the State in the state in which you
reside. Family members control the entity and are used to own family assets and
permits transfers of interests to be discounted for gift and estate tax
purposes. The partnership is a separate legal entity and any income or loss is
reported on the tax return. Factors such as family investments, savings and
titles to businesses and real estate investments are transferred into the FLP
and are protected from potential claims and lawsuits if the partnership is
properly structured. The partnership is also used to transfer land and other
assets from one generation to another, all while reducing the total value of
the asset and reducing estate taxes.
To
get a clearer understanding of how FLPs work, here’s an example. Two parents
establish an FLP and transfer $1 million in assets and give 40 percent of the
limited partnership interests to their children. The parents maintain full
control over the property and the interest cannot control of affect the
decisions made about how the asset will be dispersed, nor can it be sold or
converted into cash. Tax law says that the interest is not $400,000, but is
worth something less than that amount. In turn, the parents have transferred
that $400,000 value to their children and have reduced their future estate
taxes by more than $75,000. The actual savings is based on the actual value of
the assets transferred into the FLP, the size of the gift adopted and the
amount of the discount applied.
It’s
pretty clear that the IRS is greatly opposed to these partnerships in regards
to death taxes because they lose out on potential gains. When an FLP is created
around the same time of a parent’s death for the sole purpose of reducing
estate taxes without considering legal formalities, the challenge made by the
IRS is successful.
FLPs
are known as a little tax loophole when it comes to asset protection and estate
planning and even Forbes Magazine claimed
that people were successfully using this technique to get a discount on the
value of their estate by up to 90 percent.
Revocable Living Trusts
A
revocable living trust is the more popular of the two types of trusts, mainly
because it can be changed at any time. This type of legal document is created
to hold and own the individual, or trustmaker’s, assets. In turn, the trusts
are invested and spent to benefit the trustmaker as the beneficiary by a
trustee. In many cases, the trustmaker is also the trustee, and some people may
opt to have an institution manage their property. The three parties involved
are you, the settler or grantor who creates the trust; the trustee, the person
who agrees to accept the property and manage it according to the trust
agreement; and the beneficiaries, those who will receive the income of the
property or the property itself in the trust.
The
downside of a revocable trust is that assets funded into the trust are still
considered to be personal assets for creditor and estate tax purposes. For
instance, if you’re sued, the trust offers no creditor protection and you will
be subject to state and federal estate taxes.
Since
the assets of a revocable living trust will no longer be owned by the
trustmaker but by the trustee of the trust, the assets will avoid going through
probate to prove ownership by the courts. Instead, the Administrative Trustee
can settle the trust without any court supervision.
There
are three main reasons why revocable living trusts are preferred:
1.
In
the case that the trustmaker becomes mentally incapacitated, a Disability
Trustee can manage the trust, rather than a court-supervised guardian.
2.
Assets
in a revocable living trust will avoid probate and pass directly to the
beneficiaries named in the agreement.
written by Bradford Richdale
copyright Brad Richdale TM 2010 all rights reserved
written by Bradford Richdale
copyright Brad Richdale TM 2010 all rights reserved
THE INSIDE TRACK ON LIVING WILLS
Living Wills
Even
if you’re not a frequent visitor to the doctor’s office or rarely get sick,
it’s important to make decisions now about your future healthcare. A living
will is a document or description on how you want future healthcare issues to
be handled in the event that you become unable to make those decisions on your
own. It’s never pleasant to think about what would happen if you couldn’t think
or act for yourself, so make sure to take care of this issue early on. Your
wishes could still be carried through, even if you aren’t able to communicate
them properly in the future. In a living will, you will be able to specify what
should happen regarding life-sustaining procedures and treatments, as well as
artificially provided nutrition. It might also be smart to look into the option
of “double power of attorney,” which is a status where you can enlist your
spouse or family member to make decisions on your behalf.
What Happens If You
Don’t Have a Will or Trust?
Dying
intestate is the legal term used for someone who died without a will. If you
don’t specify who will receive your personal belongings once you pass away, the
state will control and distribute your property to your spouse and/or your
closest heirs.
If
you don’t nominate a guardian for your minor children before you pass away, the
state makes the decision in appointing who the legal guardian will be. Also, if
you don’t appoint a person to carry out with your wishes, the state can appoint
anyone to be the administrator of the property. The administrator may also have
to pay various fees at your expense of your estate before he or she can
distribute your assets.
The Importance of Estate
Planning
Estate
planning: It’s something no one ever wants to deal with or plan. It’s only
human that we don’t want to spend too much time thinking about what would
happen after we’ve passed away. However, it is extremely vital that a person’s
assets and/or estate are properly taken care of. Without proper assessment of a
comprehensive estate plan, all of the work you’ve done throughout your life
could be lost or given to the wrong beneficiaries.
In
prior generations, it was believed that only the wealthy population ever had to
deal with estate planning. However, in today’s age, even middle-income earners
are learning for optimal ways to invest their money throughout their lifetime
to make the most of their income.
The
purpose of estate planning is to aid in the preparation of the transferring of
your assets to others upon your death. You will be able to specify where each
of your assets will go once you pass away, by determining the recipient, what
he or she will receive and how to carry out each transfer with minimal tax
consequences to the recipient, provided that the estate has enough liquidity to
meet its instructions. Estate taxes can also be minimal to the owner of the
estate given that advanced estate planning has been established.
It’s
also extremely important to understand that property laws can vary from state
to state so it’s imperative that you speak with an estate attorney and a
professional in the finance industry to properly engage your situation under
the appropriate state regulations.
Net Worth: The First
Step
Before
you start thinking of the people who will benefit from your assets, you’ll first
need to determine what you have when you die. The term “estate” refers to all of the assets you own, such as material
investments, real estate, property, life insurance, personal possessions, cash
retirement accounts and anything else of value. At the time of death, any debts
should be subtracted from your total asset amount to best determine your
overall net worth.
Taxation
is another factor to keep in mind when determining your net worth. Figure out
how much you will have to pay in taxes and this will best reveal how much your
beneficiaries will receive. For instance, some states have estate taxes, paid
by you, and other states have inheritance taxes, paid by the beneficiary.
Reasons for Advanced
Estate Planning
There
are three main reasons for advanced estate planning:
1.
A
reduction in estate taxes – This happens when assets are distributed as a gift,
such as a highly appreciated stock into a trust for the benefit of a spouse or
children, or for the benefit of a charitable organization, corporation or business.
Once the asset is gifted into a trust, the estate owner can no longer use the
asset for their own tax purposes.
written by Brad Richdale TM copyright 2010 all rights reserved
blog by Bradford Richdale
Brad Richdale is the creator of the Brad Richdale Internet Yellow pages
written by Brad Richdale TM copyright 2010 all rights reserved
blog by Bradford Richdale
Brad Richdale is the creator of the Brad Richdale Internet Yellow pages
Brad Richdale for: Brad Richdale Book Writing Strategies BULLET PROOFING FROM LAWSUITS IN THE UNITED STATES
How to Bulletproof Yourself from Lawsuits and Medical
Bankruptcy
Most
people think they have enough time to plan for the dispersion of their assets
and estate later in life, but the sad reality is that people can become bed
ridden or pass away without a moment’s notice. Because of the morbid reality of
the entire topic, many people will wait until after retirement or even after
their children have left the nest before they even think about writing a will
or deciding how to hand over their belongings when they are no longer alive.
Trusts and Wills
Both
trusts and wills can be utilized to help distribute your assets and belongings
at the time of your death. However, it’s best to understand both options and
decide which route will be the best in your personal situation.
Trusts
The
main difference between a trust and a will is that your property won’t go
through the probate process when you die, meaning that the beneficiaries won’t
need the court system to determine the legalities of the will. During probate,
much of the estate is taxed and also feeds attorneys’ fees. Attorneys and
financial advisers can help with professional advice when creating a trust and
do-it-yourself kits are also available, but make sure you cover all parts of
the document before submitting.
Wills
A
will is a legal document that helps to map out where and to whom your property
and other personal items will be distributed to at the time of your death. The
executor of the will is the person who will designate that your wishes are
followed through. A will is subject to probate proceedings and provides court
supervision for handling any beneficiary challenges and creditor disputes.
Wills also become public record at the time of your death, so if this is a
concern, you may want to look into other options. The cost of a will is much
more affordable, but probate proceedings can be incredibly substantial. If your
children are still minors at the time of your death, a will allows for you to
nominate a guardian to be responsible for your child.
Living Trusts
Unlike
a will, a living trust can start benefiting you while you’re still alive. A
living trust is established during your lifetime and is revocable, meaning you
can make changes to it as needed. You can transfer all or most of your property
into the living trust throughout your lifetime and any excluded assets can be
transferred into the trust when you die through a pour-over will. Like other
options, a living trust is used to manage your property before and after your
death and also determines how those assets and the income earned are
distributed at the time of your passing.
If
you become disabled or incapacitated, a successor trustee will be able to
manage your financial affairs. One of the best reasons to opt for a living
trust is that it’s not subject to probate and all provisions of the trust will
remain private. This type of trust will cost more to prepare, manage and fund,
but avoids all of the probate costs if all of the assets were held by the trust.
written by Brad Richdale copyright 2010 all rights reserved
blog founded by Bradford Richdale
written by Brad Richdale copyright 2010 all rights reserved
blog founded by Bradford Richdale
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