The Canary in the Mineshaft

October 14th, 2009

The Canary in the Mineshaft-Oh! Atlanta

Buz Livingston, CFP®

www.LivingstonFinancial.net

Originally published October 17, 2009 

“You’ve never seen Little Feat live? It will be fun,” I was promised.  For our anniversary our son, Jim, took us to see them play in the Variety Playhouse.  There are a few things in life better than hearing Little Feat play Oh! Atlanta in Atlanta… but not many.  

Growing up in the other Georgia, it took some time but Atlanta finally earned my respect.  For all of its warts, being too busy to hate turned out to be a lot better strategy than fire hoses.  One of the unintended consequences of civil rights was the unfettered right for black officials to be just as short-sighted as white ones. 

During the 2001 and 2005 Atlanta city elections grandiose pension benefits were promised to current city employees.  There was only one small problem-no one planned how to pay for their generosity. In 2001 pension benefits cost the city $43 million, this year the tab is $136 million and if changes aren’t made expenditures will rise.    Just like the path to hell being paved with good intentions the city’s financial woes had noble goals. City employees don’t pay into Social Security plus their wages are often lower than surrounding counties.  In order to staunch the tide of employees leaving for higher paying jobs, increasing pensions was hailed as the solution.  But the plan didn’t work, employees are still high-tailing it to other jobs.   

What makes the decision even more galling is the fact that The Atlanta City Council, under pressure from unions, caved in and granted increases in pension benefits.  Blissfully ignoring that Atlanta pension funds had been underfunded for years.   Elected officials of all stripes and political persuasions have been kicking the retirement benefit can down the road but there will be a day of reckoning.  It comes a bit sooner in some places than others.   

Atlanta’s dilemma is a microcosm of what Social Security is facing.  Pension benefits are a way to placate voters but there is no free lunch.  Ronald Reagan increased Social Security tax rates (Oh! Yes he did) to stave off financial pressure on the system. Atlanta officials will have to do the same thing.  Plus city services will be cut. Guess what, boys and girls, that’s what must happen with Social Security.  Taxes will have to be increased and/or benefits will have to be cut.  By one estimate, in 2083 Social Security and Medicare will take all of our nation’s Gross Domestic Product.   

Some folks claim the best job in America is an actuary-folks that run complex financial models involving risk and uncertainty.  Personally I consider actuaries the smartest people in the world and they deserve to have the best job.   Actuaries claim that full Social Security benefits can only be paid until 2040. The American Academy of Actuaries website has an interactive tool at http://www.actuary.org/socialsecurity/game.html where you can “solve” Social Security’s problems.  Come up with your solutions. The web site does a good job of presenting alternatives and explains the consequences.   

“Fiddle, Dee, Dee, I won’t be around in 2040 so I don’t care” some say.  Ignorance is not just bliss, sometimes it’s just ignorance. Social Security is currently running a reserve but this reserve has been used for other federal programs and has helped to fund tax cuts. The reserve will go away in less than ten years.  So unless you are planning on leaving this earth in the interim, rethink your strategy.   

Social Security’s ills can be solved but it will take shared sacrifice-the current system is unsustainable.  The longer we delay the more painful the solution will be.    For the Little Feat aficionados who read this far we heard the Waiting for Columbus version of Willin’.

Increased Lending Standards to Impact Housing Prices

October 7th, 2009

Increased lending standards could impact real estate values

Buz Livingston, CFP®

www.LivingstonFinancial.net

Originally published in The Walton Sun, July 27, 2009

Ronald “Stormy” Smith was a plain-spoken, shoulder to the grindstone kind of guy.  He lived most of his life in the hamlet of Eldorendo (last syllable correctly pronounced “dah”) in northern Decatur County (GA). For comparison purposes Paxton would be a metropolis aside Eldorendo.  With an acetylene torch or electric welder Stormy was an artisan. He left this world a bit too soon and I regret not saying good-bye.  Once during harvest I was facing a dilemma; an unforeseen collision with a “lightered knot” caused the bars on my peanut shaker/inverter to be twisted like a pretzel and the parts house was closed.  “Can you fix it, Storm?  “Why hell, yeah” was the answer. “When I get it hot, hit it with that sledgehammer, right where I tell ‘ya”.  After a couple of ineffectual blows, “Get out the damn way and gimme that sledge.” 

In the early 80s while trying to arrange financing for his home, Stormy observed, “A bank won’t loan a fellow no money, les he can show ‘em he don’t need it”.  Rural banks were reluctant to provide financing unless there was sufficient collateral and/or adequate income.  Fast-forward two decades and banks were quite the opposite.  You didn’t just have to fog a mirror to get a loan, you could have fogged a mirror previously and someone would loan you money.  Those days are gone and they are not returning.  More stringent lending requirements will be the norm. 

Tightened lending standards will dampen the recovery of local land prices.  . Let’s be clear, even though there are hundreds of residential lots within easy strolling distance of my abode that will never surpass the boom time prices I like real estate – a lot. And still think real estate is a good place to invest.  A rental piece of property with a paid off mortgage or steady cash flow is hard to top.  Gulf front and bay front property; those are unique places.  Exclusive Walton County locations -some of the prettiest places in the world will be OK.  Just like after the dot.com boom Apple Corp has kept on clicking, along with Hewlett Packard.  Those two outfits are analogous to Watersound Beach or The Retreat.  Real estate investing means a long term commitment.   

What we experienced nationwide (more dramatically, here) was a real estate balloon popping.  Just like when a real balloon explodes, it’s a waste of time to keep blowing in it; you only get hot air. Even after the technology bubble blew up there are Dell Computer shareholders who still have profit even if the price is 15% of its peak.  Dell won’t see $50 bucks again and there are vacant lots from Pensacola to Port St Joe in the same predicament.  Some folks still have a profit (or maybe that’s their perception) because they bought land a years ago.  Depending on the location (think old town of Santa Rosa) those places won’t ever see the boom time values.  On my daily constitutional there are scores of lots in the same sad shape.    

In the feeding frenzy boom time days, properties appreciated rapidly.  Banks now have their “Come to Jesus” alter call.  If something sold for “X” dollars, lenders won’t be inclined to magically value it as “X+Y”.  Going forward banks will be more conservative.  Maybe we won’t have pony up for bailouts again.  Not such a bad idea.   My point is ignoring the impact that lax lending standards played in the nationwide real estate bubble could be a dangerous strategy.  

Today’s column is in memory of my old friend Stormy and Paul Hemphill whose New York Times obit appeared with a small error.  Growing up I cut my teeth on Mr. Hemphill’s Atlanta Journal columns.  He abandoned journalism in the 1970s but continue penning Southern genre novels and non-fiction.  Northwest Florida was the locale of his first novel, Long Gone-a story about a baseball team named the Graceville Oilers, sex and racial tensions in the Deep South. His memoir, Leaving Birmingham, was nominated for a Pulitzer Prize.  I wager Mr. Hemphill would be proud to share a memorial with a top-notch welding professional and to know a small southern weekly corrected the mighty New York Times.

Condo Prices Still on the Decline

October 7th, 2009

South Florida Condo Prices Could Sink Further

Buz Livingston, CFP® All Rights Reserved

www.LivingstonFinancial.net 

Published in The Walton Sun, October 10, 2009 

 “Dad, don’t you read anything other than financial stuff?”   Jason Zweig’s book, Your Money and Your Brain is scientific/financial so you can kill the proverbial two birds. Plus it is nice to re-read a chapter late in the afternoon as the sun sinks low. Most of my reading is online now: the local news, Atlanta and Athens papers along with The Wall Street Journal and NY Times.  Barrons,  Dow Jones business weekly, is the lone newsprint redoubt for me.  Reading Alan Ableson is like being in a master craftsman’s workshop.

Barrons’ September 21st issue featured Steve Bergsman’s Florida Condos: No Bottom in Sight.  Bergsman is no neophyte. His new book, After the Fall: Opportunities and Strategies for Real Estate Investing in the Coming Decade wins high praise. Jack Cohen of real investing icon Cohen Financial calls After the Fall “a fresh look at opportunities and strategies for real estate investing”.   Bergsman focuses on the South Florida market and the numbers are still scary. Yes, there are folks scooping up properties but according to Bal Harbour real-estate consultant, Peter Zalewski, while happy to see the business, “The reality is they will be riding out these units for quite some time.”  

 In June, July and August 2009, an average of 45 condos sold per month in Miami.  Contrast that with over 2400 condos remaining on the market. The glut leads Jack McCabe, a Deerfield Beach consultant to forecast a 10%-15% decline next year.  McCabe notes that bulk deals (multiple sales to one buyer) below construction cost or replacement value still may not be good investments. Brickell Station units in Miami are selling for $200/sq foot, a drop from $400 – $800 the units fetched in the heady glory days.  Since flipping is gone with the wind, renting is unavoidable and even at those prices you “might not cover your operational expenses”.     

The epicenter of the Florida real estate collapse is Lee County. In February 2006, there were 12 homes listed for less than $100K.  By February 2009, there were over 4000 homes listed under 100K.  To paraphrase the incomparable Larry Munson, there was some property value destroyed.    But this is Walton County and we are different, location, location, you know the rest.   People crave our beaches but the truth is both areas will be fighting some of the same demographic headwinds.  An NPR report recently noted that Florida school enrollment had dropped for four consecutive years. Historically, Florida has led the Southeast in population growth. But Harry Fishkin, an Orlando economist, claims that over the last two years North Carolina and Georgia have supplanted the Sunshine State in new residents. 

 

This year, University of Florida researchers report the first decline in population since 1946.  McCabe thinks the researchers may be low-balling the estimated drop.  I am not surprised that no one in Gainesville can do advanced math.  Florida’s lure as a retirement mecca is definitely on the wane. In 1980, over 25% of people over 60 who moved across state lines settled in Florida.  By 2007, the number slid to 12.5%.  William Haas, a professor at University of North Carolina-Asheville, speculates it will drop to 8% in the next decade.  However the total number of newcomers could remain the same since there will be an expansion of the 60-plus demographic.    

Most Americans don’t have sufficient resources for retirement. Whether it is South Beach or South Walton, high property taxes and insurance rates will affect where people choose to live.   According to Bergsman, our property tax structure is “inhospitable” since permanent residents are favored and not investors or second-home buyers.    

The economic engine that spurred Florida from an agricultural to metropolitan state has been emigration  and the gas is running out.  Going forward, Florida must develop industry with decent wages.  A good definition of insanity is doing the same thing repeatedly and expecting a different result.

An Investing Lesson From Mother Nature

September 25th, 2009

An Investing Lesson from Mother Nature

Buz Livingston, CFP®   All Rights Reserved

www.LivingstonFinancial.net

Published in Walton Sun-September 26, 2009 

The snake did not hesitate and slipped into the cold water of Morrison Springs.  Fear is the default emotion when I see a snake but this was different. It was serene and beautiful watching the green snake glide across the stream. I steered the bow of my kayak around and showed the critter to Joe Wyatt, a naturalist for Hammock Bay.  Leslie Kolovich, 30A Radio, and Lori Ceier, Walton Outdoors had enlisted Joe to explain some of the local fauna and flora as part of their “Day at Morrison Springs”. 

Before you could say scat, Joe had the green tree snake wrapped around his arm.  “Skinny short snakes aren’t venomous; they have to constrict their prey. The exception being a coral snake.  Short fat snakes may be venomous since their venom can kill larger prey.” Snakes are a part of our ecosystem. You need to know the ones that will hurt you. The venomous snake of Eastern Diamondback heritage spotted crossing the Joe Baker Walkover in Blue Mountain Beach is one to avoid. 

On the way home through Red Bay, it dawned on me that annuities are like snakes; some will hurt you, others won’t.  The prior week I recommended a retiree use a portion of his deferred compensation to buy a single premium immediate annuity to bolster his retirement income but gave the opposite advice to someone else.  Why the difference? In the latter case the annuity in question was a variable annuity with annual costs coiled menacingly like a snake around 3%. 

The Journal of Financial Planning, August 2009 examined several different withdrawal strategies-mutual funds, immediate annuities, combinations of the two along with variable annuities with and without guaranteed withdrawal benefits.  There was no clear-cut winner.  

Guaranteed benefit riders are prevalent on variable annuity contracts.  This product appeals to investors who are wary of market losses.  However ignoring the fees is as dangerous as playing with snakes. “Wealth balance in the low fee scenario is roughly $184,000 higher” based on a $1M initial investment. 

Contrasted with variable annuities containing guaranteed benefit riders, a mix of mutual funds and immediate annuities “can generally provide investors with greater purchasing power”.   Also, a mix of mutual funds and immediate annuities yields “similar or even higher income flows than variable annuities with guaranteed minimum withdrawal benefits”.   It is pretty elementary. Variable annuities with guaranteed minimum withdrawal benefits assess mortality and expense charges along with fees for the withdrawal benefit rider on the entire portfolio.  These costs are absent from mutual funds.   

Even with this headwind under some circumstances a variable annuity with guaranteed withdrawal benefit may outperform.  Under some circumstances it makes sense to pick up a rattlesnake…most people would wisely defer though.  From the article’s executive summary: Mutual funds combined with immediate annuities “deliver solutions broadly similar to and even more flexible than a variable annuity with a guaranteed minimum withdrawal benefit”. 

Annuities are easy to understand-they provide a lifetime income stream.  If your annuity does anything else, you pay for it, each and every year.  Freedom from stock market fluctuation or guaranteed account balances are benefits you buy, sometimes dearly, and are often unnecessary. 

In certain circumstances an annuity with low annual costs may be appropriate for you.  But buying an annuity without understanding the product is not dissimilar from picking up a snake without knowing what kind it is.  In nature or investing what appears to be a good idea can turn out to be the opposite.  Joe told us that the chilly spring water could have killed the snake or shocked it so much a predator would have nailed it for Sunday dinner.

Housing Market Has Two Sides

September 25th, 2009
Housing Market Has Two Sides

www.LivingstonFinancial.net

Buz Livingston,CFP® All Rights Reserved

Originally published in The Walton Sun August 22, 2009

Last month I pointed my vintage but still sporty Acura west on I-10 bound for Louisiana. The Cajun wing of my extended family had three good reasons to party. Aunt Mary had just retired from the Louisiana Department of Agriculture. She never could escape those north Florida farm girl roots. Uncle Bob, former head of LSU’s Food Science department, had just turned 84 and it was their 50th wedding anniversary. Laissez les bon temps roulez!  

In most families those topics would be the highlights-au contraire not with my five aunts. Before all pleasantries could be exchanged I was facing a Sotomayor-like inquisition from my aunts. “What do you think about Blair’s friend Michael?” Like most fathers before me I answered the question incorrectly. I should have designated her great-aunt Eleanor as spokesperson (she knows more about this situation than me).

Mighty Mike (call him Michael, Dad!) is a home builder/developer in Houston and Austin. He is a bright guy not only because he dates our daughter but he focused his business on affordable homes-one segment of the housing industry that is showing some signs of life.

The Wall Street Journal recently reported on the dichotomy of the real estate market. Upper-end homes and second homes are near comatose while affordable homes are perking up albeit slightly. Lower priced-homes have been buoyed by the Obama administration’s stimulus plan. First time homebuyers can qualify for a tax credit of as much as $8000. Since this tax credit is limited to couples whose AGI is less than $150,000 (single-$75,000) lower-priced homes are the obvious target. Plus the Federal Housing Administration now guarantees mortgages for qualified buyers with as little as a 3.5% down payment. But this is of little value to the upper-end market, generally homes over $750,000, since these mortgages are above the limits set for FHA guarantees.

In addition, mortgages for higher priced homes exceed the limits for Freddie Mac and Fannie Mae which means borrowers end up with a non-subsidized “jumbo” loan. Rates on these loans have always been higher, To add insult to injury, the spread in interest rates between “jumbo” and conventional loans has widened. Borrowers for “jumbo” loans can face more scrutiny and often have to have larger down payments.

Real estate, like politics, is local and the Texas market has not been squashed like the local market. Local internet message boards tout local sales increasing but Blair’s friend is selling new homes-at his asking price and moving spec houses to boot. What is selling locally is homes that somebody paid too much for the first go-round.  I surmise that there are some local parallels with the Wall Street Journal report which pointed out in Las Vegas home sales were up 70% spurred by falling prices.

The upper-end market is not a good place to be and things will get worse. Overall home inventories are down to slightly more than nine months from over eleven months a year ago. For homes priced over $750,000 the inventory is more than seventeen months and still rising.  Ominously, the default rate on “jumbo” mortgages now surpasses conventional loans. As of May, the 60-day delinquency rate for “jumbo” mortgages was 7.4% versus 4.9% for their conventional brethren.

The Journal also points out that buyers may be abandoning the concept of stretching to buy the most expensive home they can afford. The idea of a big payoff when comes time to sell has turned into a disappointing mirage for many.

The worst thing about that Texas boy is his delusion that the powerhouse of football is The Big 12 and not the SEC. 

 

 

Retirement-The Times Are A-Changin’

September 21st, 2009

Two of the four worst bear markets in a century coupled with declining home values and abysmal personal savings rates means you will have to reexamine your retirement plans according to a recent Marketwatch.com article.

Lobbyists Rule America

September 18th, 2009

Democracy is Dead, Lobbyists Rule America

Buz Livingston, CFP®

www.LivingstonFinancial.net

Published Walton Sun September 19, 2009 

“Hey, hey, my, my, rock and roll will never die.” Neil Young 

An event permanently enshrined in my Top Ten List of Stupid Accomplishments is foolishly declining an invitation from a most winsome lass to attend Neil Young’s 1973 Atlanta show.  At least she was smart; my derriere was unequivocally kicked to the curb rather quickly. 

While rock and roll will never die, in a recent Marketwatch.com column Paul B. Farrell argues democracy is dead and lobbyists now rule America. Before you dismiss Mr. Farrell as a gadfly don’t overlook that he is an attorney and holds a doctorate in psychology.  He has also penned several books including The Lazy Person’s Guide to Investing, Zen Millionaires, and Millionaire Meditation but most importantly his pedigree includes Staff Sergeant Chevrons of the United States Marine Corps.  You can slur a pointy-head academic if you like but no one talks bad about the Marine Corps to me. 

Ferrell writes that lobbyists now own, rule and run America.  Politicians are puppets for “a private club of America’s richest few on Wall Street, in Washington and in corporate America.”  The usurping of democracy began during the 1970s (which coincides with the rise of disco) and currently we find over a quarter million influence peddlers in Washington, DC alone.  Ferrell missed one thing the same tune is played out in state capitols around the nation, too.  Walton County pays a crew to wrangle money from Washington and Tallahassee. 

Republicans and Democrats alike are puppets.  Take former Democratic Senator Tom Daschle who is paid millions of dollars by the insurance industry while he works as a middleman between the Obama administration and insurers. On the other side, all summer long the GOP has spent a million dollars each and every day by hiring over 300 mercenaries to thwart health care reform.  

Think it’s all just goofy talk.  Don’t be blind.  Just look who got bailed out, not mortgagees or credit card debtors-the winner was Goldman Sachs who got paid 100 cents on the dollar for the derivative trades they made.  Sure auto unions can make some unreasonable demands but lobbyists make sure folks who take a shower before they go to work are treated royally compared to those who rinse off after they come home.   It is no mere coincidence when international banking giant UBS hires former GOP senator Phil Gramm after he championed deregulation of commodity derivative swaps.   Gramm’s bone-headed legislation was a major contributor to the financial meltdown of 2008.  President Bill Clinton could have vetoed the bill, too but his after-office speaking schedule would have been curtailed. To borrow a line, “A plague on both your houses.” 

Farrell’s Lobbyist Nation of America principles include “Lobbyists must invest millions to elect officials favorable to special interests”. Farrell cautions that “lobbyists are the new unseen hand of American capitalism”.  

All is not lost.  Plan ahead for the next meltdown and there will be one.  Farrell claims the next bull market will be in cap and trade derivatives.  Or it could be another goofy derivative based on life insurance “settlements” (NY Times, September 6, 2009).  America needs a bubble, quick.  You don’t have to be a sucker though.   

Think Farrell is off his rocker? One of his principles is “Lobbyists must defeat or gut financial literacy programs.”  To wit, the Obama administration has proposed the Consumer Financial Protection Agency (CFPA) to provide investors added safeguards.  The opposition to the CFPA is led by Wall Street banks and brokers-the same yokels who almost single-handedly led us to economic ruin.   

Unless you like making the rich richer, strive to make better decisions-financial or otherwise.  You can make better decisions. The last time Neil Young was in The ATL, I was there with a pretty girl in tow.

I.O.U.S.A-The Warning Sign

September 16th, 2009

I.O.U.S.A – The Warning Sign

Buz Livingston,CFP®

www.LivingstonFinancial.net  

Column originally published January 24, 2009 

During January CNN’s Your $$$$ featured excerpts of the acclaimed documentary I.O.U.S.A. Whether we want to admit it or not our looming financial crisis is more dangerous than the attacks of September 11, 2001. The husband and wife team of Patrick Creadon and Christine O’Malley dissect with surgical precision and explain with clarity America’s unsustainable fiscal policies.   

To some, the problem is simple.  Follow the conservative (or liberal) rhetoric, voila, our quandary will end.  To paraphrase H.L. Mencken “For every difficult problem there is a simple solution…and it’s usually wrong.” The first thing we have to change is the fact that this situation is neither a Democratic problem nor a Republican problem.  The old conservative/liberal dichotomy is part of the predicament.   It is an American problem.  Quit banging your gums.   Change is the political buzzword of 2009 and we have to change our profligate spending or economic disaster is unavoidable.  Featured on the CNN special was a panel discussion with former Nixon Commerce Secretary Peter Peterson, former Senator (and N.Y. Knick forward) Bill Bradley, former U.S Comptroller General David Walker and former director of the Office of Management and Budge Alice Rivlin.  All four agreed a strong economic stimulus package was essential to combat the worst economic crisis since the Great Depression but all also agreed that serious reforms must be made.   

The financial hole our nation is in can not be solved with theatrical sound bites. Earmarks are often touted as an example of wasteful government abuse. In reality, earmarks account for only 1% of our financial deficit.  The Bush tax cuts (10%) and the war in Iraq (3%) are expensive but together they account for only a fraction of our monetary hole.  Serious changes are going to have to be made entitlement programs like Social Security, Medicare and government pensions.   

In addition to budgetary shortfalls, we are facing a tremendous trade imbalance. In fact the U.S.A is dead last among all nations in difference between imports and exports. Our culture is tied to foreign oil from the Middle East and consumer goods from China.   Economics and national security are intertwined.   Persistent large trade imbalances are unsustainable.   

I.O.U.S.A features a young Chinese couple who save 30% of their salary -which is not unusual in China. Even in the 1970s, American’s savings rate hovered around 10%; currently that number is less than 1%.  Shipping dollars overseas and not saving any money at home is unsustainable.  

In addition to the savings, trade, and budget deficit, there is a lack of leadership on the national level.  The CNN special opened with clips of every president in my lifetime lamenting some fiscal crisis.    In the 1960’s President Johnson was lambasted (and rightfully so because it led to inflation) for pursuing a policy of guns (Vietnam) and butter (increased spending programs).  40 years later President Bush told us that we could have guns, butter and tax cuts.  In the movie, former Bush Treasury Secretary Paul O’Neill described being “fired” for the first time in his life because he did not support the second round of tax cuts.  You don’t have to be an economics guru to figure out that a tax cut is not a tax cut if you have to borrow the money for it…then stick your children and grandchildren with the bill. 

Raising taxes will not get us out of our dilemma although some taxes will have to be raised.  Reducing the rate of growth of entitlement programs will have to a priority but eliminating the safety network would be barbaric. People are going to have to save more money. Thrift is not a dirty word.  After World War II our nation’s debt was almost 300% of our Gross Domestic Product, but most of that debt was held by Americans. Quite the opposite today; most of those liabilities are held by foreigners. Like Laura Wingfield in The Glass Menagerie America will soon find itself depending on “the kindness of strangers”. 

There has been a grave lack of leadership in Washington DC – Democratic, Republican, conservative and liberal.  But that’s not their problem, it’s ours. We want it all, we want it now, and we don’t want to pay for it.   One of the reasons the Roman republic ended was fiscal irresponsibility.  Americans have been eating a free lunch too long and that’s the change we have to make.  It is not an impossible task… we are Americans and we can do it.  

Download your copy of the film at www.usathemovie.com.

IRS to Use Home Interest Deduction to Snare Tax Cheats

September 16th, 2009

The Internal Revenue Service estimates  their new program can garner as much as $900 million in additional tax revenue annually.   Form 1098 is the documentation lenders provide showing the mortgage-interest borrowers paid.   Form 1098 makes perfect sense, this allows the IRS to track home interest deduction taxpayers claim along with interest received by lenders. 

The Treasury Inspector General for Tax Administration (TIGTA) issued an August 2009 report focusing on non-filers and taxpayers who under-report income.  Basically TIGTA found a substantial number of filers paid mortgage interest that was not congruent with their reported income.

Planning for Unmarried Couples is Different

September 11th, 2009

Planning for Unmarried Couples is Different

Buz Livingston, CFP®

www.LivingstonFinancial.net

Originally published August 2009 

The Garrett Planning Network holds our annual convention in Kansas City every August.  No one has been able to snare the most colorful writer award except me (no shock for Walton Sun readers) but this year I was surprised with another honor-MVP.  There was a three-way tie fortunately there was no sudden-death and a jump drive is preferable to a trophy.   

I woke up Sunday morning and attended a lively panel discussion about couples living together without the sanctity of marriage.  In the eyes of many unmarried couples living together means same-sex partners. Lo and behold, there are more heterosexual partners, either family members moving in with each other or people choosing not to get married.  All of these have specific planning options but there are some universal elements.   

Whether the relationship is going to move to marriage or not planning is imperative. This sounds commercial but the reality is that there are social norms and laws that surround marriage.  Marriage kicks in some legal definitions- a spouse is entitled to benefits that a partner does not have.   Assuming the relationship is going to have some permanence (not just hiking the Appalachian Trail) then the parties should consider putting a few basic things in writing.  I like the term little “c” contract-while that will irk a lawyer or two – it makes sense.  We are talking about basic money management – who pays which bills.  Tune into an episode of Judge Judy and you will see what happens if couples split up.  

Most of the time the law favors married couples. However Social Security benefits are an exception if the surviving spouse benefit is higher than your own.  Another benefit unmarried couples have is with Roth IRAs.  For single filers the Roth phase-out begins at $105,000 while married couples have a phase-out that starts at $166,000. 

How do partners blend their assets?  The key is communication and each situation is different.  That why they call what we do personal financial planning.    Make sure you don’t unintentionally disinherit a child or grandchild while trying to avoid an economic hardship for your partner.  One option is to buy equity in your partner’s home.  Paying rent is an alternative, too.   Don’t just stick a name on a deed willy-nilly.  For unmarried couples a will is essential if you want any assets to pass to a partner.  Without a will your partner can be left out in the cold.     

A side effect of the health care debate has been the increased focus on advanced medical directives like health care proxies and living wills.  While essential for everyone, advance medical directives are exponentially more important for unmarried partners. Health care proxies merely allow you to designate who makes medical decisions if you can not. Spouses have a voice regarding healthcare decisions while an unmarried partner will be ignored or even denied visitation privileges.  Before she decided health care proxies were a nefarious plot, former Alaska Governor Sarah Palin recognized their importance when she signed the following proclamation:  

“WHEREAS, the Foundation for End of Life Care in Juneau, Alaska, and other organizations throughout the United States have endorsed this event and are committed to educating the public about the importance of discussing healthcare choices and executing advance directives. WHEREAS, as a result of April 16, 2008, being recognized as Healthcare Decisions Day in Alaska, more citizens will have conversations about their healthcare decisions; more citizens will execute advance directives to make their wishes known; and fewer families and healthcare providers will have to struggle with making difficult healthcare decisions in the absence of guidance from the patient. NOW, THEREFORE, I, Sarah Palin, Governor of the state of Alaska, do hereby proclaim April 16, 2008, as Healthcare Decisions Day in Alaska”

Thanks but no thanks, Governor; you were right the first time. Health care directives are important.