Ask Liz Weston

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Liz Weston

Q&A: Should you pay for a financial plan before hiring an advisor?

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Dear Liz: My spouse and I are retired. We have substantial investment assets, significant cash reserves and considerable equity in our home. Over nearly 40 years together, we’ve worked with several financial advisors, but every decade or so, we’ve become dissatisfied and moved on. Now, at this stage of life, we want a clearer roadmap for the next five to 10 years and beyond.

We’ve read your columns for years and have taken your advice about fiduciary financial advisors seriously. We’re currently looking for a new independent advisor, but we’re finding that many only offer financial planning if we also hire them under an assets-under-management (AUM) arrangement. Others will provide a standalone financial plan for a flat fee prior to having a client come on board for asset management.

We feel strongly that before committing to a long-term advisor relationship, we should first get an independent, comprehensive financial plan — essentially a snapshot of where we are now and how best to move forward. Does that approach make sense? Should we prioritize paying for a standalone financial plan before deciding whether to hire someone for ongoing investment management?

Answer: As you’ve discovered, many fiduciary fee-only advisors bundle financial planning advice with investment management because AUM fees are more lucrative than charging for plans. But that doesn’t mean it’s the best approach for every client.

Paying for a financial plan means shelling out more money up front, but you’ll get the opportunity to check out the advisor’s approach, communication style and attention to detail before entrusting them with your investments. The plan should include all the usual areas such as insurance, taxes, asset allocation and estate planning, with a special emphasis on the topics that are important at your stage of life, such as sustainable withdrawal rates, paying for long-term care and protecting your assets from fraud and cognitive decline.

Q&A: What should you do if an accountant ignores you?

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Dear Liz: When my sister became somewhat disabled, I started handling her financial affairs. (I have a power of attorney.) She hadn’t paid her taxes for several years, so I worked with her accountant to get them filed and pay the necessary penalties. I thought she was up to date with both her federal and state taxes. With no warning (to my knowledge), the state tax agency suddenly withdrew over $12,000 from her checking account.

After an attempt to contact the agency for an explanation, I decided to ask her accountant if he could help me understand where she stood tax-wise so we would not be hit with any similar financial shock. He had prepared her taxes for her for many years, but has not returned my calls or emails. I am at a loss as to how to obtain more information about her tax liabilities. I believe she had given him the authority to view her tax accounts. What else can I do to feel satisfied that she will not be subject to any further garnishment?

Answer: Many tax pros struggle to keep up with client communications in the weeks before the April 15 deadline. If you were trying to contact him during crunch time, that could explain why you didn’t hear back immediately. If he still hasn’t reached out, however, you should start looking for a new accountant who can help you sort this out.

State tax agencies don’t usually act without warning. Typically, they mail multiple notices about delinquent taxes and give taxpayers time to respond before taking money from a bank account. It’s possible these notices went to an old address, or that your sister received them but didn’t understand their importance.

Since you have the power of attorney, you should be able to get information directly from the state tax agency. They’ll have a form that allows you to establish your right to communicate with the agency on your sister’s behalf. Once filed, you can access her account history. That information can help you and the new accountant piece together what happened, determine if there are any outstanding liabilities and figure out a plan for preventing future collection actions.

You’ll also probably want to pull her credit reports to look for any other tax liens or collection actions. If she’s struggling to manage her money, you may need to take more proactive steps, such as taking over bill payment. Consider working with a fiduciary financial planner or an elder law attorney who can help you create a system to avoid future catastrophes.

Q&A: Advisor may have overlooked tax bill alternatives

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Dear Readers: The following comment was prompted by my response to the letter from a couple in their 70s asking if they had made a mistake moving their $2-million portfolio, including $340,000 in a taxable account, to a new advisor. The advisor recommended investment sales that resulted in a $50,000 capital gain tax bill, and their accountant disapproved. I wrote that the tax pro might not be in the best position to judge whether the sales were necessary, since accountants are typically focused on reducing tax bills but sometimes diversification is necessary to avoid even bigger financial consequences down the road. Here’s another perspective.

Dear Liz: The comment that the accountant is not in the best position to evaluate is correct, as the accountant is only looking at the taxes. However, as a retired portfolio manager and chartered financial analyst, I really doubt that it was appropriate for the investment manager to take this large of an amount of capital gains. It would only make sense if this taxable portfolio had nothing but speculative issues in it, which I would find doubtful for a couple in their late 70s. If the taxable account was too high in equities or poorly diversified by industry weightings, adjustments can be made in the larger retirement account to bring the combined account into better balance. It may have been appropriate to take some gains, but they can certainly be spread out over several years, as taking them all at once likely puts the couple in a higher tax bracket.

Answer: You’re making a good point that the couple had other options besides “ripping off the Band-Aid” and incurring one big tax bill rather than taking the gains more gradually. Their new advisor, as a fiduciary, should have discussed the options with them and helped them understand the impacts, including the expected tax bills and potential impact on Medicare premiums. If those discussions didn’t happen, that’s all the more reason to seek out a second opinion from another fee-only financial planner.

Q&A: Are IRS quarterly payments mandatory?

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Dear Liz: I live totally on my investment income. I receive the majority of my income at the end of the year, mostly dividends from my brokerage account.

A couple of years ago, when talking to an IRS agent about another matter, I asked when I should make my estimated tax payment. I was told that I had to make the payments quarterly. This year, when I was talking to my accountant, she told me that I could make a lump-sum payment at the end of the year without incurring a penalty. Who is correct, the IRS agent or my accountant?

Answer: Ours is a pay-as-you-go system, and the IRS assumes that your income is received evenly throughout the year, says Mark Luscombe, principal analyst for Wolters Kluwer Tax & Accounting. Therefore, the agency typically expects four estimated tax payments of roughly equal size, with the payments due April 15, June 15, Sept. 15 and Jan. 15. If the payments aren’t made as expected, you can get hit with an underpayment penalty.

However, the IRS allows a taxpayer to show that their income is not earned equally throughout the year by filing a Form 2210 with a related Schedule AI (Annualized Income Installment Method), Luscombe says. Schedule AI allows you to show when income was earned during the year so you can match your estimated payment dates to when you actually received the money.

Schedule AI is more work, since it requires you to report adjusted gross income for each of the four quarters, as well as your itemized deductions and other tax details items, Luscombe notes. But if your income comes at the end of the year and the corresponding estimated tax payment was made on Jan. 15 of the following year, filing this paperwork may be sufficient to avoid a penalty for underpaying estimated taxes, he says.

Q&A: How to find an estate planning attorney

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Dear Liz: Is there a specific website to research estate planning attorneys in Southern California? Our attorney has retired and I elected not to have my file transferred to her successor attorney. Our trust documents are only six years old and there have been no material changes to our financial situation or beneficiaries.

Answer: The internet is overloaded with lawyer directories of limited value. Either the sites themselves are questionable or they return so many options that choosing feels like an impossible task.

So the best way to find a good estate planning attorney is the old school way: word of mouth. If you have a CPA or other financial professional, ask who they recommend. Know any lawyers? Check with them. Friends, relatives and neighbors also may be able to offer referrals.

Once you have a few names, the internet becomes a bit more helpful. The state bar of California offers an attorney search function that allows you to confirm the attorney’s license status, education and any disciplinary history. The attorney’s website can also provide information about their background, experience and approach.

Since estate planning is a complex area, you’ll want an attorney who specializes rather than dabbles. Ideally, estate planning is their sole or primary focus, not an add-on to other areas of practice. For more complex needs, you can consider seeking out an attorney who is certified by the California State Bar as an estate planning, trust and probate law specialist. If you need help with issues around aging, such as Medicaid planning, long-term care or protection against exploitation, consider seeking the help of an elder law attorney. You can get referrals from the National Academy of Elder Law Attorneys at www.naela.org.

Q&A: How do I find out if an advisor is a fiduciary?

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Dear Liz: You often emphasize the importance of using a financial planner or advisor who is a fiduciary. But how does one know whether a given planner or advisor is a fiduciary? Is it just the planner or advisor claiming to be one? Are there any licensing laws or professional organizations that grant such a designation?

Answer: Many people assume financial advisors are required to put their clients’ best interests first, but that’s typically not the case. Most advisors are held to a lower “suitability” standard, which means their recommendations must be suitable for the client’s situation but not necessarily the best choice. The advisor can recommend an investment that is more expensive or that doesn’t perform as well as available alternatives, simply because the recommended investment pays the advisor a higher commission.

Fiduciary advisors commit to putting their clients’ interests ahead of their own. Certified financial planners (CFPs), certified public accountants (CPAs) and attorneys all have fiduciary duties to their clients, as do registered investment advisors (RIAs).

The gold standard for fiduciary advice is the fee-only model, in which the advisor is compensated only by fees the client pays. Fee-only means the advisor does not accept commissions or other compensation paid by third parties. Fee-only compensation can take a number of forms, including hourly, retainer or flat fees or a percentage of assets the advisor manages for the client.

The first step in determining whether an advisor is a fiduciary is to simply ask. The answer should be yes, full stop, and the advisor should be willing to put that commitment in writing. Next, ask to see the advisor’s Form ADV, which details how the advisor is compensated.

Theoretically, a fiduciary advisor may be able to accept commissions, but they’re obligated to clearly disclose the compensation to clients and maintain the clients’ interests as their top priority.

The phrase “fee-based” is sometimes used by advisors who want to appear to be fiduciaries when they’re not. An ethical advisor is crystal clear about how they’re getting paid.

Before hiring any financial advisor, you should also use BrokerCheck at https://brokercheck.finra.org/ to research their backgrounds and look for any disciplinary history. Also, check with the organization that granted their credentials to verify that those credentials are current.