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There is a storm coming with the challenges of navigating the TRUSTEE CRISIS. It is one of the biggest blind spots in the “GREAT WEALTH TRANSFER” and will be the source of mountains of litigation for the unwary, https://youtu.be/hwQev88A03M Summary In this conversation, Frazer Rice and Jennifer Zelvin McCloskey discuss the current crisis in trusteeship, highlighting the shortage of qualified trustees amidst a significant wealth transfer. They explore the importance of modern trust planning, the challenges faced by individual trustees, and the need for better education and training in the field. The discussion also covers the emotional and interpersonal aspects of trusteeship, the functions and responsibilities of trustees, and the necessity of managing risk effectively. They emphasize the importance of building a pipeline for future trustees and improving the perception of the profession, while also identifying opportunities within the trust industry. https://open.spotify.com/episode/4qpkrVdaUa2AfDxgl7j3yN?si=XVgG3jE_Qpqq2JTqi8XLXQ Editing and post-production work for this episode was provided by The Podcast Consultant (⁠https://thepodcastconsultant.com⁠) Takeaways The coming crisis in trusteeship is already here. There is a significant shortage of qualified trustees. Trusteeship requires strong interpersonal skills and emotional intelligence. Managing risk is a fundamental aspect of trusteeship. Trustees critically need education and training. The role of a trustee is evolving with increasing complexity. Beneficiaries need to understand their rights and the trustee’s role. Custodial responsibilities are essential for asset protection. There are many opportunities for growth in the trust industry. Trust law and investment management are distinct fields. This Episode is for . . . Anyone that has an estate plan with a trust in it and doesn't know what a trustee does Any advisor who works w/ multi-generational situations (that’s everybody in wealth management) Any RIA looking to sell Financial types worried about compliance world Fiduciary litigators Chapters of “THE TRUSTEE CRISIS: Navigating the Challenges” 00:00 The Coming Crisis in Trusteeship 02:06 Importance of Modern Trust Planning 04:11 Challenges with Individual Trustees 08:03 The Dwindling Pool of Qualified Trustees 10:06 Functions and Responsibilities of a Trustee 12:20 The Emotional and Interpersonal Aspects of Trusteeship 16:05 Managing Risk in Trusteeship 19:07 Building a Pipeline for Future Trustees 22:10 The Role of Education in Trusteeship 25:07 Improving the Perception of Trusteeship 28:19 The Need for Better Trust Education 30:39 Bifurcation of Trustee Functions 33:26 Distribution Functions and Beneficiary Relations 36:52 Custodial Responsibilities in Trusteeship 40:19 Consequences of Poor Asset Management 46:41 Curriculum for Trustee Education 52:13 Opportunities in the Trust Industry Transcript of “THE TRUSTEE CRISIS: Navigating the Challenges” Frazer Rice (00:01.068)Welcome aboard, Jennifer. Jennifer Zelvin McCloskey (00:02.723)Thanks Frazer, how are you today? Frazer Rice (00:04.782)I am doing great. We’re going to dive into a topic that is near and dear to both of our hearts. And that is what I’m describing as the coming crisis in trusteeship, but I think it’s already here. Which is the concept of qualified trustees being in short supply, right in the face of a gigantic wealth transfer. And first of all, before we get into that, just describe what you do on a day to day basis first. Jennifer Zelvin McCloskey (00:33.445)Sure, I actually wear a bunch of hats. Day to day, right now, I’m a full-time practicing trust and estate attorney. I’m also an individual trustee for a variety of trusts that need either somebody here physically located in Delaware for a short period of time or even a successor trustee. But I’ve also spent many, many years building programs in trust management and trust administration. Because there is this crisis of human capital that just does not exist. I built multiple programs. They’re housed out of the University of Delaware. So I act as a trust and estate attorney, do planning, administration, I teach in the area, I build programs in the area, and I serve as a trustee. PEAK TRUST MANAGEMENT CERTIFICATE Frazer Rice (01:23.182)A full plate to be sure. To me, I came out of Wilmington Trust and another trust company served an individual trustee too. I’ve seen all these different flavors of trusteeship. My general sort of bon mot around that is that the individual trustees. I’d say 95 % or higher don’t really have an appreciation of the risk and responsibility that they’re taking on. And then the corporates have their own issues, which we’ll get into in a little bit. If we pull back even further, modern trust planning in wealth management, why is this so important? Jennifer Zelvin McCloskey (02:06.275)That’s massively important. It’s not just for the mass affluent or the ultra high net worth. It’s for everybody. We have all of these assets that we have this hyperfocus on building and increasing our wealth. Making sure that we have the ability to sustain ourselves throughout our entire lives. But if we don’t do this type of planning, if we don’t have structures and implementation for when we die, then our assets that we’ve planned so diligently for will fall off of a cliff. We lose the ability to control ultimately what happens to those assets. Layered on top of that, of course, is the tax component for ultra high net worth folks who are trying to really focus and direct their assets to make and create generational wealth transfers. Without this type of functionality and wealth planning and estate planning long-term, people lose control of what they’ve spent so much time building. Frazer Rice (03:13.338)One of the things I tell people as far as trusts are concerned is that, you know, we’re putting these structures together. They’re durable enough to withstand taxation or creditors or other asset protection features, create some guidelines around distributing the assets to the next generation or other constituencies. But also have some flexibility to be able to deal with the things we can’t look into the crystal ball and figure out over time. And that those three things just putting a document together that tries to do all that is hard enough, but then to put it in the hands of somebody or something to administer and to exercise discretion around it. That’s where the real art and science kind of stitched together and create this issue. You know, as we think about that too, the idea, the history of these types of scenarios kind of goes back to, you know, you’d put a structure in place and then you’d go hire a bank and they’d take care of everything. How do you look at that and say, all right, we’ve gone well past banks to individuals and then to dedicated institutions. What is the problem there? Jennifer Zelvin McCloskey (04:22.956)Now the problem, there’s two problems. In my opinion, what I see is that, you know, your individual trustee by and large is Uncle Joe, right? He’s the guy that everybody goes to in the family. The responsible one. He’s the smart one. The wealthy one who, great, doesn’t know what the fiduciary duties are. He doesn’t know that he has a duty of impartiality. He doesn’t know that… Frazer Rice (04:32.419)Right. Jennifer Zelvin McCloskey (04:48.475)He can’t self deal unless the instrument says so. Doesn’t understand how the instrument works. He doesn’t understand the nuance and the legalese written into the instrument. But he’s flying by the seat of his pants and everybody looks to him as the respected one in the family. No one knows that they have the ability to challenge him. So with your individual run of the mill trustee named in the instrument, they just don’t have the expertise, they don’t have the technical knowledge. Don’t know what they don’t know. They can get into trouble in that way. The other problem that you have with professional individual trustees oftentimes is that they are not formally trained. They may be an attorney who is working in that area, who’s doing plans for people who may or may not know what the full scope of being a trustee is. They may not realize, I have to get a special insurance policy because my malpractice insurance policy doesn’t actually cover this type of fiduciary engagement. There’s a lot of landmines that individuals can run into when they’re doing this type of work. On the corporate side, the problems that we run into is that there’s just a complete and utter lack. Frazer Rice (05:50.061)Hmm. Jennifer Zelvin McCloskey (06:12.059)Of available educational programs to teach people the proper way to be able to understand trusteeship. It has always been, and it just has developed over time through, you know, oh, we’ll give it to the bank, the bank will do it. This apprenticeship model, and that just does not scale well because if you learn improperly at the edge of a desk from somebody that learned improperly at the edge of the desk. Then the person that you’re teaching now at the edge of the desk is learning what you learned improperly. So anecdotally, I did karate for a long, long time. And the man who taught me karate, I’m almost a secondary black belt to like, was serious in karate. And the man who taught me karate said, you practice, it makes permanent. Don’t practice wrong. Because when you’re practicing wrong, you’re making permanent wrong things. And that’s what the apprenticeship model has the risk of lending itself to. It’s not that every trustee that learns at the edge of the desk learns wrong, but the risk is too high because the fiduciary responsibilities and the duties are too high to run that risk. The other problem is that we have a dwindling pool of really qualified senior trust officers because of just the nature of the job. You’re a human being, you’re an individual, you age, you retire. And it’s not something that people go to school and say, when I grow up, I want to be a trustee. They fall into it sideways. And unless there are academic programs that are out there that people are aware of and that they can get some formal training, some formal education to enter into the field. Frazer Rice (07:49.742)Yeah Jennifer Zelvin McCloskey (08:03.82)Separate and distinct from, I’m in the field and now I want to get a CTFA. I want to earn my certification to really show that I have the chops in this area. We have this shrinking pool of expertise. We have a lack of knowledge, a lack of formal education, and an apprenticeship model that doesn’t scale. On top of, with the individual side and the corporate side, this massive wealth transfer and an explosion of trust complexity that’s all taking place at the same time. Frazer Rice (08:31.918)One of the issues at the corporate level too is that as you say that the impregnance model is not necessarily the best way to do it. They’re cutting back on training programs. The business model around being a trustee or even a specific trustee does not make the big money. And so the ability for those types of institutions to develop the people.who ultimately are now in a very sort of pro-employee environment where there’s such a demand for trustees that they can kind of switch around and get a 10 or 20 % bump each time they go because people are desperate to have them. There’s a real cavern there to try to create the permanence that you’re looking for in a structure that really rewards consistency over time, especially as it relates to discretion and process of decision-making. Jennifer Zelvin McCloskey (09:23.15)Yeah, that’s exactly right. And that leads to this revolving door in the industry, because people are just trying to make more money and they’re going and bouncing to different trust companies. And there isn’t that backfill. Just because it’s a trust company and there’s policies and procedures, trusteeship is about relationships that you make with your beneficiaries, the relationships that you develop with multiple generations in a family. And when you have somebody that’s acting and serving in that and they move, they leave, they’re no longer acting and serving in that capacity, a new personality comes into the mix and it can really be disruptive. So having that consistency and minimizing the attrition is so valuable. Frazer Rice (10:06.766)The other thing I try to bring up, especially to individual trustees, is that the thing that you’re signing up for is probably going to look a lot different in five or 10 or 15 years when people are aged on, they remarry, they have kids, etc. That the conditions are a lot different than what they were before. And it’s going to be difficult to take on a structure that has eight people when before there were two. Jennifer Zelvin McCloskey (10:37.517)Yes, and that’s that complexity, that increased sophistication and complexity of trust structures that are available now to people. With the increase in the exemption, these trust structures, they’re not necessarily changed. For example, qualified personal residence trust, if people really need that anymore, but there’s a ton of them sitting around there. Are trustees properly administering it? Did you actually transfer the real estate into the trust at the time? So there’s all kinds of sophisticated structures that the trustees may or may not have the right skills. But they’re saddled with having to do it. Frazer Rice (11:19.47)Let’s take a step back and just talk about the functions of a trustee for a second. I break them down basically into three. Which is the first one. You have to administer the trust, meaning you have to dot the I’s, cross the T’s, make sure things get executed, tax returns are filed, statements get sent out to the extent that that happens, and that the administration of a structure like that occurs. Then I talk about the concept that the investments have to be made monitored moved around decided and that they’re appropriate for all classes of beneficiary that are in there and then the distribution function which is The assets have to be distributed according to the law. First the trust then maybe the intent or the law if everything is silent and that those three things are very different components and that it’s tough to find somebody who’s great at all three housed within one brain. Jennifer Zelvin McCloskey (12:20.217)Yeah, I agree with that 100%. It is a three legged stool. It’s the investments, the administration and the distributions. And in that administration umbrella in and of itself, there’s a tremendous amount of work that sort of goes unsung. know, it’s not the sexy stuff where you’re investing and making a bunch of money for your income beneficiaries and managing to preserve the corpus for your principal or your remainder beneficiaries. And it’s certainly not the personal interaction that you’re doing with your beneficiary day to day. Making distributions, helping them, seeing the product of that help. It’s the making sure you file ax returns are properly. Understanding how to read that tax return. Even if you’re not preparing it, making a proper selection on the accountant that you’re using to prepare those tax returns if you’re not preparing it. Make sure to set up statements properly, make sure that in this world of silent trust documents that you’re not sending a statement to somebody who’s not supposed to have it. Communicating with beneficiaries on an even keel. Making sure that you’re not inadvertently violating your duty of impartiality because it’s more than just a substantive duty, there’s a procedural duty as well. That’s really, really challenging to find within one human being, let alone add on top of it somebody who’s financially savvy enough to understand investments and all of the different complex investment tools that are out there, as well as having the personality and the interpersonal skills to keep beneficiaries engaged and happy. Frazer Rice (13:56.426)Just on top of that, the EQ, the bedside manner, and the ability to simplify the complex, et cetera. At the same time, that dedicated note taker that is able to document everything that happens within a decision. Whether distribution or investment or otherwise, that it’s just two different people most times. I find that something falls apart as time goes on. Ultimately if things aren’t laid out correctly, that’s when conflict starts to simmer. Then you know if there is something that’s wrong. That’s allowed to compound that’s where you get into a huge problem later on. Jennifer Zelvin McCloskey (14:36.922)It’s all that feeling. People are behaving in ways that they may or may not be able to articulate their emotional proximity to. When you’re talking with beneficiaries. There’s something simmering under the surface that you inherited because you’re a trustee. You may not even be aware of it because the beneficiaries may not even be able to articulate it. You have to have a certain sense. A gut check of feelings of rntuitively being able to read what’s going on under the surface. To pull it out of people in a very balanced and even keel way. It’s not an easy job by any stretch of the imagination. On top of financial literacy and personal liability and executive functioning skills, being detail oriented, making sure your documentation is not overly explicit. isn’t, you know, scarce. You’re now wondering how and why did you make those decisions? People don’t think about the decisions that they make on a day to day basis. We don’t think in a way to articulate why I made this decision. Why I exercised this type of judgment. And that’s what we’re being asked to do as trustees is to document what is my decision making process? Why am I making the decision? What are my factors involved in making that decision in a way that’s defensible. If we ever need to defend it. Frazer Rice (16:05.292)Well, in favoring one class of people over another is usually where the rubber hits the road on this. People who are used to seeing the income from a trust and don’t want that touched come hell or high water. Then future beneficiaries who’d like to see the trust go from X to 2X to 5X. So that they have something larger to enjoy. You have a natural tension that you have to manage. It’s just not easy. If you don’t document the hows and whys of what you’re doing, you set yourself up for a problem. From one class or another looking at you saying, you you should have done it differently. To go back to that liability component. You’re the only one who sits in the chair of having made that decision. You’re the one with the bullseye on your back when it’s called to account. Jennifer Zelvin McCloskey (16:53.093)That’s right, that is exactly right. And now add on top of it, you’re just named because you’re Uncle Joe and everybody goes to Uncle Joe. You have no technical background and you just don’t know the landmines that are there. You don’t know what you don’t know. Wouldn’t it be wonderful if we were able to create a pipeline of really sophisticated entry level employees or folks that are, you know sophisticated in financial literacy that now want to take the job to become trustees, that we were able to give them this technical roadmap for what the job actually is and then have them get the ability to apprentice on all of those policies and procedures. What does this corporation do? How do we document things? When you’re trying to learn it all at one time, it’s like drinking from a fire hose. Let’s give people the ability to really have a chance at doing it successfully. Frazer Rice (17:53.048)So let’s dive into that pipeline issue for a second. We already diagnosed that the, let’s call it the trust companies or the banks are, they’re just not resourced enough. They can’t run people through an internal school to do it quote unquote correctly. The apprentice model really kicks in. Which means you’re at the sort of mercy of what people are good at, not good at, et cetera. People turn over quickly so that apprenticeship doesn’t even work anymore. The RIAs I think are the worst place to learn about this type of thing. They have a completely different modus operandi as far as keeping clients happy. The word fiduciary means something so different to them than it does to an actual trustee. I wouldn’t feel good about the training on that front to sort of create trustees And then so law schools. They’re they’re just trying to create people the trust in the states vertical as a general matter. Let alone trying to delineate into a trustee situation. You’re putting the pipeline together and you put these programs together. How do you stitch together the needs and what does that manifest itself into? Jennifer Zelvin McCloskey (19:07.642)So that’s a really, really good question. I think that the very first place that we start with answering that question is advising on a trust as an attorney. It’s different from the administration of a trust and the skills that you need for that. So when you create a program like this where you’re trying to teach about trust management. You have to start with the technical skill. The legal side of what is it that we’re even doing? What is a trust? What are the fiduciary duties? Where do they come from? Then we have to, after we teach or create a structure or foundation on what the legality is. Now we go into how does this translate into administration? So when I created the programs, I looked at what’s the law they need to know? What is the level of sophistication of the student? And what do I need to, from a foundational perspective, teach first? What are the building blocks? And then how do I translate that into administration? The one thing that I have found is trust law does not equal investment management. So if people are coming along… Frazer Rice (20:26.254)No question. I’m nodding audibly at that comment. I like that. Jennifer Zelvin McCloskey (20:31.226)Your fiduciary duties as a trustee are fundamentally different than those of an RIA, where some RIAs are not even fiduciaries by law. They’re not. So being able to delineate and explain where that line is, what makes you a fiduciary, what are those duties, after you know the legal basics. And taught to you at a level that you can understand. I don’t expect everybody to be a lawyer. And people have asked me time and time again, do I need to be a lawyer to know this? No, you don’t need to be a lawyer because you’re not advising on the law. You’re advising on the administration of a legal structure and how that administration affects the fiduciary duties that are inherent in the relationship. Then how those fiduciary duties are translated out to the beneficiary. That’s the way that I’ve always built these programs. Where do I start? Start with the law. Where do I go from there? Start with how the administration translates the law. And then how does that administration get heard by the beneficiary? Where does the RIA come into the mix? The RIA should not be dabbling in advising on trusts. They should know that they need to bring in somebody who has this particular skill. And if they’re not doing that, they’re doing the client a disservice by trying to give one-stop shop advice. Frazer Rice (22:06.85)Yep, no question about it. One of the things that…we delve into the world of trusts and their function, et cetera, is that you’re dealing with an ecosystem from client to outside advisor, whether RIA or even accountant, et cetera, that they’re looking for certainty and airtight. quality to these structures that you put them in place and then everything runs like a clock going forward. When in actuality, I think there is a bandwidth of risk around everything. And so it’s the poor trust officer or individual trustee who sometimes has to be the bearer of bad news to say, yeah, you know, I think this is going to work 98 % of the time, but there’s a 2 % problem here or we’ve got this to fix or something like that and everybody else sort of sighs with disappointment and gets mad at the administrative function when in actuality they’re really doing their job and trying to, you know, keep a lot of things that are spinning out of control kind of within view. How do you get a trust officer or that administrative function or even the full trustee function to be comfortable with that risk and everything that’s involved with that? Jennifer Zelvin McCloskey (23:20.504)You have to start with explaining that there is risk and we’re not our job is not as a trustee to eliminate risk. Our job is to manage and identify risk. It is inherent in the job. There is going to be risk. No matter what you do, you cannot divorce risk from trusteeship. It’s a matter of identifying perceived risk and actual risk. And if you can teach that, if you can teach These are the things that are going to trigger a likely outcome. They’re gonna trigger a likely risk. Then you can essentially, you can’t foresee everything. I mean, there are things that are just gonna happen. But in a trust instrument, you’ve got contingency plan upon contingency plan upon contingency plan. That’s what the flexibility of those structures are building. We need to, as trustees, be able to recognize What is the risk with contingency plan A? The risk with B? What is the risk with C? How can we minimize the risk? And how can we make sure that we’re managing perception of risk versus actual risk? Frazer Rice (24:29.31)as someone who’s been in trust companies, advised trust companies, advised trustees, and advised clients, the lack of appreciation for the management of that risk and that that as the intersection of the business model of trusteeship and risk management and use of discretion and making hard decisions and even kind of an insurance quality around these structures, how do you fix that, where people place a level of respect on the job that I think is completely lacking in the wealth management ecosystem? Jennifer Zelvin McCloskey (25:09.089)Absolutely. It’s a tough one to answer. How do you fix it? First and foremost, I think that it’s a top-down fix, especially at a corporate trust company, a bank, and even an independent trust company that’s not affiliated with a bank. The management has to… really understand the function of the trust company. For so long, it’s been just an extra service that we provide and and we’ll do this, the back office trust company. It’s really, really important that the management recognizes what the functionality of the trust company is and stops treating it as sort of a back office stepchild. From the corporate level, I think that’s the very first place we start. Frazer Rice (25:38.478)Mm-hmm. Jennifer Zelvin McCloskey (25:57.818)The second place we start is investing in our trust officers, investing in the team, giving them the education that they need, continuing to give them education, providing training programs, whether they be in-house, external, bring in trainers. None of this is set it and forget it. At the individual level, I think it’s really, really important to have functions like the Individual Trustee Alliance, groups like that, where you have an ability to talk to other professionals that are doing what you’re doing. That’s another way to impress upon people that we have to manage the risk and we can’t do it all alone. Nobody knows everything. You really have to, you have to talk to other people. You have to engage. have to, what is it called when we were practicing law and we’re a little bit outside of our comfort zone, we have to consult with other people who know more than we do. It’s our obligation as lawyers. It’s the same thing with a trust company, with a trustee, whether you’re an individual or you’re not. Widen that circle. Frazer Rice (27:08.474)I think this is my idea for the day that there’s got to be a bit of a public relations campaign sort of describing what’s going on here because I think especially when we go into the family members that sort of occupy these roles, they have no earthly idea what they’re doing. They’re usually doing it for free. Everything’s hunky dory up until a point and everyone hopes that everyone is not going to sue each other if something goes wrong. But the level of wealth that’s being transferred now is now so significant that everyone sort of talks about, AI is going to get rid of lawyers. Nope, not in fiduciary litigation. I think that’s a medium term growth industry, especially around insurance, around ILITs, around revocable trusts, around elder care. But this is my advertisement for people who are in law school looking for a productive way to go. I think that one is going to be, I think that one’s recession proof, at least for a while until I retire anyway. So my thought is that awareness over these things, and it’s probably going to take a very difficult case or a class action suit, something like that, where somebody really gets hurt in order for that awareness to come up. Jennifer Zelvin McCloskey (28:24.922)Yeah, I would agree. think that some of the solutions would include better trust education, you know, whether it be for RIAs, lawyers. Trust in the states is a throwaway class in law school. And there are so many law schools that are essentially rolling it back because bar exams aren’t testing it anymore in a variety of states. And ACTEC is definitely working with the law schools to try and increase trust in the states being taught and certainly being tested. So education for lawyers coming out of law school, education for RIAs that are advising on trusts, education for trust officers, for trust administrators, trust professionals in general, clear role delineation. What is the role of the RIA? The role of the trust officer? What is the role of the trustee if they’re an individual trustee? And then creating a culture of collaboration on what we’re doing as a team for the beneficiary, not substitution, but collaboration with the advisors and the trustees. Frazer Rice (29:32.59)Let’s go into the role delineation for a second. About 20 or 30 years ago, the concept of bifurcating or sort of cordoning off the different functions I described before the investment, the administration and the distribution has come into vogue. I think that came out of frustration with bank trust companies where you got one set of advice for every trust that they had as far as investments and distributions and administration and a lot of modern larger families wanted something a little bit more specific to their needs. And that’s really turned, it’s exploded as an industry for increasing sophistication and size of wealth. Along those different functions, where maybe the administration goes to a professional trust company or a trust officer in the state that you want, Then there’s some intersection maybe in the distribution committee. And then the investment side of it is a bit of a free for all, think, depending on what you’re, dealing with. How do you educate the, that continued the delineation, but the coordination within those types of structures. Jennifer Zelvin McCloskey (30:41.275)Yeah, I think it’s really important. And I’m a Delaware lawyer. I’m licensed in multiple states, but Delaware is my home. It’s where I learned how to be a lawyer. It’s where I grew up as a lawyer. So this directed trust model that you’re describing, where you’re bifurcating, truly bifurcating these particular functionalities of a trustee, it originated in Delaware. sort of, we didn’t, I mean, we invented it, right? We codified it. It was being done, but we codified it. The idea of making sure that everybody understands what their function is and knowing that there’s a limit of liability that’s built into the instrument and communicating what that means to the RIA that is named in the document. I can’t tell you how many times I have heard companies, heard trust companies say, we’re advisor friendly. And I’m like, not unless you’re directed, you’re not. Frazer Rice (31:37.528) “THE TRUSTEE CRISIS: Navigating the Challenges”Yeah. Jennifer Zelvin McCloskey (31:40.439)If you are directed, you are 100 % advisor friendly because there’s no chance that that trustee is going to try and take the investment management. They’re not a portfolio manager. Not a clerical administrator. They’re not a passive rule follower. We need to identify what does that trustee actually do when they are an administrative or directed trustee. Clarify that role so that people who are engaged in this bifurcation, this structure where we’ve got a distribution committee, maybe it’s individuals who are close to the family, close to the beneficiaries, where you don’t have somebody who’s objectively uninvolved with the family members making decisions as to whether or not there’s a distribution that should be made. But also advising those rolls those advisors that your administrative trustee is not just a pencil put a paper pusher. Not just checking boxes. They really do add value to the role that they provide and making sure that everybody understands what each other are doing, having regular meetings amongst the team instead of operating in a vacuum or operating in a silo. And taking the approach of it’s not my job, misunderstanding trustee powers and the advisor’s authority. So when that’s delineated, when that’s really understood, not just by the advisors, but also by the beneficiaries, there are so many beneficiaries out there, Frazer, that have absolutely no idea that they actually hold all the cards. They don’t know. Frazer Rice (33:25.87)Along that line, so in the administrative, we just walked through pretty nicely. The distribution function is one that, let’s talk a little bit for a second about what it means to ask a trustee for a distribution and maybe the difference between income and principal and why having a steady hand at the wheel within that function, whether it’s a corporate trust company of qualified individual or family input in that function, why real good thought needs to go into how that’s staffed. Jennifer Zelvin McCloskey (34:04.73)Yeah, absolutely. 100%. In a corporate trustee ship or a corporate trust company structure, there’s always going to be distribution committees, right? So if you are the trustee, you’re going to have to go through a committee that’s looking at what your reasoning is for making that distribution. They’re asking questions about what have been the prior distributions? Have they come from principal? Have they come from income? What is the spend rate on that trust? How is this going to affect long-term spend rate? Is this an aberration? Is this something that’s gonna become a habit? Really understanding what the distribution, the guidelines are in the trust. What is the distribution standard? Making that decision? What are our factors? And how many people are at the table? Who’s communicating that to the beneficiary? Does the beneficiary know that the trust officer alone does not have the ability to say yes or no? That when they’re in this ecosystem of a corporate trust company, they have their checks and balances to make sure that that risk is being managed. So when you’re looking at corporate trust companies, are a lot of layers behind understanding what the distribution standard is, whether it’s hems or if it’s purely discretionary. The other thing that you need to look at when it’s not a corporate trustee and it’s an individual trustee is, how is that individual trustee making that decision? Are they doing it in a vacuum? Alone? Are they favoring one beneficiary over another because they like them more, you need to have some communication to the beneficiaries so that they understand what they are, what their interest is, what they are entitled to, if anything, and why the trustee stands in that position as the gatekeeper. And I really think in my heart of hearts, we need to make a shift from a gatekeeper trustee Jennifer Zelvin McCloskey (36:16.708)to a beneficiary enhancement trustee, where the beneficiary is really taking on the understanding that the trustee is there to facilitate enhancing the beneficiary’s life. That even though the trust may have started at the outset as a tax strategy or something that the grantor decided they needed to do with the advice of counsel. At the end of the day, you wouldn’t have been named as the beneficiary if there wasn’t some sense of love or obligation even, that it’s for your benefit. It’s in the name. Beneficiary. Trustees need to understand that and beneficiaries need to be taught. Frazer Rice (36:54.958)Right. Frazer Rice (37:00.646)And it goes to the circle back to the notion of making sure that you write down the whys of the decision because ultimately if the concepts of favoritism or you didn’t communicate this or anything, the idea of having the beneficiary submit a budget but having them understand why they are submitting a budget and then if there is some discretion that’s happening around that decision that the data points that are informing that discretion, that’s gonna keep everybody safe a lot later on. Jennifer Zelvin McCloskey (37:32.666)Absolutely. I break it down into a couple of different factors. It’s fiduciary decision making. How is that fiduciary making the decisions they’re making? Why are they making those decisions? And who is being affected by the decisions? Document interpretation. Do you understand the document that you’re administering? If you don’t understand the document you’re administering, hopefully best case scenario, you know what you don’t know and you ask. But if you don’t understand the document and you don’t even have the wherewithal to say, hey, I need help to understand the document, it’s really problematic. The third part, balancing beneficiary interests. Really taking on board this idea of the principal income problem that all the assets in the trust are not the same. That some of it doesn’t at all in any way affect a certain class of beneficiaries. And at the same time, it’s inextricably intertwined in the way that it affects another class of beneficiaries. And then risk management and governance. How is this being governed? How are we managing perceived and actual risk as a trustee? Frazer Rice (38:40.13)The investment function, which I alluded to before, I see storm clouds on that horizon, not really at the RIA level, because I think there’s sort of a default mode that investment policy statements are in place. Diversification is a true commodity at this point. And I never really worry about an RIA sort of understanding how to invest to get to a certain expected return and deal with the risks and drawdown and all that stuff. The storm cloud I see is when individuals sit in that role and they are being tasked with, let’s call it quote unquote, overseeing concentration, meaning that trust is holding a building, farmland, a nuclear reactor, crypto, all of these different things that sometimes can be, A, they have their own different maintenance responsibilities that are not just looking at a fidelity statement, but that they also have their own volatility And, you know, in the case of a building, you got to make sure it’s managed correctly. are they going to get sued or the windows kept up, all of that stuff, and that there’s a whole different component there. And I’m waiting for the shoe to drop on some fact pattern there where somebody is sitting in the role of an investment advisor. It doesn’t say trustee in the document, so they don’t really think that they have trustee liability. But. they sit in that role and all of a sudden somebody finds 10 55 gallon drums of green fluid in the basement of a building and all of a sudden the trust has a big set of red brackets that say minus $100 million that you owe to the federal government and the EPA. How do you think about that? Jennifer Zelvin McCloskey (40:21.454)Hmm. Jennifer Zelvin McCloskey (40:25.242)That’s a heavy question. so the Delaware stock answer, obviously, direct it, right? It’s just to get the trust, cut off the liability. At the first, at the inception of your hypothetical is bad drafting, right? So if there’s no statement as to whether or not your investment advisor is acting as a fiduciary or not, Frazer Rice (40:35.042)Right. Jennifer Zelvin McCloskey (40:52.836)What does your statute say? Does your statute impose that they are as a default a fiduciary or not? So that’s the very first step. That’s bad drafting. We need to know. But if it’s silent, let’s say it’s just a lousy document, there’s, God knows. Anybody who’s seen trust documents knows that, you’ve seen them all, right? And everything in between. Some are good, some are bad. If this is a bad one. Frazer Rice (41:13.08)Seen good and you’ve seen bad. Jennifer Zelvin McCloskey (41:20.079)Then we need to document the statute. If we can correct it, modify the document, let’s modify it. But if all of that can’t happen, then I would say the best way to handle it, make sure you have adequate insurance. mean, over-insure that, over-insure it. Make sure that there’s regular checks on the actual… Assets that are in the trust, if you have a concentration and that concentration is real estate, get the advice of counsel, put that bad boy into an LLC, get yourself some distance from the actual asset itself being held in the trust, hold an interest, hold a financial interest, push it down to the corporate level. But if you can’t do all of that and you’ve got those 500 gallon drums of green fluid and now you’re… Frazer Rice (42:14.286)You Jennifer Zelvin McCloskey (42:15.371)You you’ve got a super fun site. What do you do? You don’t shy away from it. Have to address it head on. You got to take the accountability. You got to communicate and document, communicate and document some more. Talk to your beneficiaries. Make sure that they’re aware of where it went wrong, why it went wrong. Because I have found in my exposure in the industry over time and in reading case law, it’s when you’re trying to cover stuff up. Frazer Rice (42:43.913)Jennifer Zelvin McCloskey (42:44.027)You’re just making more problems. Bad news doesn’t age well. It doesn’t get better over time. You have to approach it head on and make sure that there’s communication and documentation. Meet with your beneficiaries. If there’s a trusteeship where you are appointed as a trustee individually and you’re not having at least quarterly meetings with your beneficiaries, If you’re not going out and seeing the asset, if you’re not going out and making sure that the asset is properly custodyed, you’re not, you’re violating your fiduciary duty. You are not doing what you’re supposed to do. Frazer Rice (43:21.804)You brought up an interesting word there, custody, which is the administrative function, whether held corporately or individually, one of the major things you have to do is to safeguard the assets. And that’s a big two syllable word that carries a lot of weight with it. That custodial function, how do you teach the trust officers or the individual trustees where that starts and stops? Jennifer Zelvin McCloskey (43:48.579)Yeah, mean, custody is super, it’s a really touchy, touchy subject, especially with the dynamic way that trusts have developed in the current climate from tangibles. You know, I’ve got artwork and my beneficiary wants to hang the artwork in their house. Well, do you have custody? Has it been assigned to the trustee and how do you maintain that asset? Make sure nothing’s happening to it. Do make an appointment, go over to the, visit your artwork? What if it’s prize horses, you know? What if it’s, you know, a stud that, you know, we’re gonna need to breed and it’s gonna be the next Triple Crown winner? How do you make sure that the barn is properly safeguarded? It’s a really touchy subject, especially with things like tangibles and things like assets held away when you technically custody the asset, but you don’t have control over the asset. I think in the education part for custodying, what I do in my programs and when I teach this is I make sure that we talk about different types of asset classes. And what the risks, again, what are the risks that you run with these asset classes? How can we manage the actual and the perceived risk of holding that asset? Even if you have custody and name only, but you don’t have physical custody, how do you maintain your control over that asset? Because it’s really the C’s, right? The custody and control. Just because you don’t have custody doesn’t mean you don’t have control. So we have to make sure that there’s an education that’s provided about the different asset classes, whether it’s tangibles, intangibles, assets held away, if it’s a concentration of stock, if it’s crypto, and most trust companies are not taking crypto. I think that there’s like a circuitous way that they’re getting in right now, but it all boils down to education, isolating what the issue is and educating people on it. Frazer Rice (45:59.586)I’ll give you a third C, it’s consequences, which is what happens when you don’t understand these functions. on the crypto side of things, Jennifer Zelvin McCloskey (46:01.786)Uhhh Frazer Rice (46:11.544)Holds the key to get to the crypto. What happens if that trust officer quits and walks away with the key and they’re like, well, multi-sigil figure this out. I’m like, okay, that’s not that. That doesn’t make me feel great at the moment. And now there have been some advances, which is good, but traps for the unwary to be sure. the good news too for crypto is for people who want exposure, the spot ETFs take away 90 % of the problems with that. But as we start to think about winding down here, because I have a feeling we could probably talk for four or five hours on this subject, when putting your programs together, what does a curriculum look like? And we don’t have to go through it bit by bit, but how does that work when someone comes to your program? How much time does it take? What’s the commitment? Jennifer Zelvin McCloskey (46:47.172)Yeah, I think so. Frazer Rice (46:54.851)Mm-hmm. Jennifer Zelvin McCloskey (47:06.33)So the program that I created that’s really available anywhere across the country is called the Peak Trust Management Certificate Program. Peak Trust Company, may be familiar with it. They have name rights because they gave the donation to the University of Delaware for me to build the program. So it’s housed at the Lerner College at the University of Delaware, but bears the name of Peak Trust Company. I look at five different things. The first thing is trust law and administration. So like I said previously when we were talking, you lay that foundation of what is the legal component of this? What is the baseline that people have to know? And then what is the administration? The second component is, and it’s inextricably intertwined as taxation. What is the income tax? What are the deductions? And now let’s take all of that income tax knowledge, individual income tax knowledge, and build on it with fiduciary income tax. What is DNI? What is FAI? How does it go out to the beneficiary? What’s the character of the distribution? How do we manage that? What are we deducting in the trust? So teaching taxation and not because trustees necessarily are tax preparers, but because the trustees obligation is to be able to understand and read that tax return, they need to know how to spot problems. So from my perspective, teaching fiduciary income tax is a critical component. It also helps. Yeah. Frazer Rice (48:38.828)No, no, I was gonna say no question about that. And there are elections to make, just because it doesn’t just go on autopilot, there are choices to be made so that if you’re the trustee, you may not have to prepare the tax return, but you may have to make a choice on the tax return and you’ve got to be informed because that can be an issue. Jennifer Zelvin McCloskey (48:58.651)65 day elections, perfect example, right? You just, you need to understand what your role is and how it overlaps with that of the CPA. The third part, of course, investments. Investments are inextricably intertwined, whether you’re doing it yourself as the trustee or you’re directed or even delegated, which is like the hairy scaries of every trusteeship known to man, because you’re not actually in control, but you’re responsible. So it’s the gray. When I build a program, because of the, you know, the directed trusteeship being so popular in today’s day and age, we have to talk about not just investments of, you know, marketable securities, not just the custody of tangibles, but also subscription documents, because so many alternatives are held in trust right now. unique assets, need to know how the trustee is actually carrying out their fiduciary duty when it comes to engaging in an investment that is an alternative investment. The fourth component is of course compliance. We cannot ever get away from compliance and I think we could do a whole nother podcast on compliance in trusteeship but. You know, it’s a regulated entity. And even if you’re an individual trustee and you’re not using what those compliance frameworks are, what the guidelines are by OCC, Reg 9, FDIC, if you’re not looking at that and using that as a guideline, don’t do the job. understanding KYC, BSA, AML, all of those compliance components that have tentacles. That’s the fourth part. And then for the fifth part of this program, because it’s specifically geared toward trustee education in trust companies, although it can be applicable, very applicable to individuals, is operations. I was very fortunate that I was able to partner with SCI on building the operations component. So we license their platform called Plato. It’s essentially their training platform. Jennifer Zelvin McCloskey (51:12.888)so that trustees can see how fees are set up, fees, that’s a whole other podcast, fees, statements, distributions, how are we doing this? How are we documenting everything? What are the logistics of the day-to-day operations? So that’s how I built the program and it’s available anywhere in the country. It’s 10 weeks, how long does it take? I would say from three to five hours a week of an investment that you’re making at a bare minimum. Obviously there’s a whole lot more of depth that you can go into. The resources are built in. But I would say 10 weeks, about 50 hours of time where you’re actually engaging with the material. And then I bring in guest lecturers on each different area of expertise for lack of a better description. And they get a certificate at the end, they get a digital badge, and now they really have something where they can add value day one in a trust company or as a trustee. Frazer Rice (52:17.902)With Delaware being, you one of the real gold standards as far as trust jurisdiction, I assume that everything that comes out of this program is pretty transportable to the other useful jurisdictions, let’s call it, within the country. know, the Tennessee’s, the South Dakota’s, the Nevada’s, the Alaska’s, Wyoming’s, New Hampshire’s, et cetera. Obviously, there are hairs to split with different foibles in their law, but everything that you’re describing sounds like works everywhere else. Jennifer Zelvin McCloskey (52:47.928)And I’ve always taken the approach, you’re 100 % correct, I’ve always taken the approach of UTC. I base everything off of UTC and if there’s something different or unique based upon the jurisdiction that you’re in, I always encourage people you have to look at your statute, you have to look at the jurisdiction that you’re actually practicing this in and administering in. I use Delaware, South Dakota, Alaska as examples quite often when we’re talking about the directed stuff, but By and large, it’s UTC. Frazer Rice (53:20.966)It just a weird subset. So special needs trusts and islets, which are two types of trusts, very specific. One holds life insurance. The other is designed to really take care of people who can’t take care of themselves. And they are types of trusts that a lot of trust companies don’t like to take on because the liability is harder or the profit margin is less. For those individuals who get the opportunity to participate in those and I put that in air quotes. How would you advise people to get ready for those types of situations? Jennifer Zelvin McCloskey (53:58.308)People who are in need of those types of trusts. Frazer Rice (54:02.122)Well, maybe both. The people who need those trusts, you know, they’re going to, they, you know, it’s almost like they get set up and then the staffing gets kind of figured out later, barely. And then, you know, the, for the people who end up taking on that role, they really have no idea of what they’re in for in a sense. Is there sort of like a mini, I’m not going to say a full course like you’re describing, but a crash course in, in what’s going on here and what can I do to keep myself safe? Jennifer Zelvin McCloskey (54:30.271)Unfortunately, no, I don’t know of one. and there isn’t much built in. there’s, we talk about a little bit in the program that I built, but, those are specialized and eyelets we talk about a little bit more there, you eyelets had their day and sort of they has done ish. but special needs trust. It’s a whole other ball game because It really incorporates state law and social security and Medicaid, all of those government benefits that I think you would need something more specialized than my program that I developed. And I don’t have a great answer for that, I’m sorry. Frazer Rice (55:12.482)No, there’s not a great answer for it because it’s tough. it’s a, all of which is to say for someone who’s involved with those things and feels confused by what’s going on, that’s one where it’s worth it to spend the money to lean on a dedicated Medicaid elder care, special needs type of lawyer on that front because there are traps for the unwary. Okay, now we’re starting to butt up against an hour here of. Jennifer Zelvin McCloskey (55:29.764)Yes . . . Frazer Rice (55:38.827)Four hours. No, I’m kidding listeners. We’re not going to talk for four hours, but How do people find your program and and then I’ll ask a bonus question at the end Jennifer Zelvin McCloskey (55:49.339)So the program is on the University of Delaware’s website. You just type in peak trust management certificate and it’ll pop up. My name will be there. I think my picture might be there. It’s all over my LinkedIn. So if you look me up, you’re going to see the peak trust management certificate program. You can always email me, jennifer at zeldenlaw.com. Happy to push people into it. start, I’m in the new cohort right now. We’re two weeks into a 10 week program. But we have a new cohort starting in May. I think it’s May 4th. So may the fourth be with you. Frazer Rice (56:24.622)Terrific. So the final question here is really more of a crystal ball question. In this trust industry, trustee industry, what are the real, I’m going to say opportunities out there, and we’ve sort of painted a picture of doom and gloom and its low profit margin and things like that. Where can someone who is thinking from a business perspective about this find something? Once they’re properly educated about it and being able to participate in it. Jennifer Zelvin McCloskey (56:57.582)There are so many opportunities. There is an absolute need for good trustees everywhere. Trust companies from coast to coast, individual trustee alliance. People really, really need trustees. There’s tremendous opportunity with Heritage Institute, not the Heritage Foundation, but the Heritage Institute. There’s opportunities with…various family offices and various trust companies for education, for beneficiary education. So many opportunities out there. Trust companies are just clamoring for people. So if people are interested in becoming a trustee, getting that education, you will not have a hard time finding a job. Like you said, it’s basically recession proof. This wealth is going to transfer. We need sophisticated, knowledgeable trustees. on the receiving end of that transfer so that it happens correctly. Frazer Rice (57:56.578)I’d go so far as to say financial advisors. I just gotta say, a CFP is useful, CFA is on your investment side, but something like this, you know so much more about how intergenerational wealth works than what’s happening in those particular situations that I think it helps people stand out when I see something like that on a resume. Jennifer Zelvin McCloskey (58:00.302) “THE TRUSTEE CRISIS: Navigating the Challenges”That’s all the podcast. I hear you. I hear you. Frazer Rice (58:24.386) “THE TRUSTEE CRISIS: Navigating the Challenges”All right, with that, Jennifer, it’s great to catch up and I will have all of your information on the show notes and I will either see you at the ITA conference in Dallas or what I’m down in Delaware next. More Around “THE TRUSTEE CRISIS: Navigating the Challenges” BUILDING A TRUST COMPANY TENNESSEE AS A JURISDICTION DIRECTED TRUSTEES DELAWARE WELL BEING TRUST THE TRUSTEE CRISIS: Navigating the Challenges https://www.amazon.com/Wealth-Actually-Intelligent-Decision-Making-1-ebook/dp/B07FPQJJQT/ Keywords for THE TRUSTEE CRISIS: Navigating the Challenges trusteeship, wealth transfer, trust management, fiduciary duties, trust education, estate planning, risk management, trust administration, individual trustees, trust companies, the trustee crisis, navigating the challenges, the great wealth transfer,

Theresa M. Callaghan, PhD - Help! I'm Covered in Adjectives - Cosmetic Claims & the Consumer: Navigating Science, Regulations, and Myths in the Beauty Industry, 2nd Ed. This is episode 769 of Teaching Learning Leading K12, an audio podcast. Theresa M. Callaghan, Ph.D. is a leading biochemist and skincare scientist with over 35 years of experience in international corporate skincare research. She is the author of Help! I'm Covered in Adjectives: Cosmetic Claims & The Consumer – Navigating Science, Regulations, and myths in the Beauty Industry, 2nd Edition. She has also had more than 150 scientific and technical articles published.  She sits on the scientific editorial review board of the International Journal of Cosmetic Science and is an active member of a number of professional societies including the British Herbal Medical Association, & the Scandinavian Society of Cosmetic Scientists. She is also an advisor to TKS Science Publisher; (HPC Today Journal) is Scientific Editor at EuroCosmetics Magazine, as well as writing a monthly column on Claims Insights for them. She contributes a monthly article to BEAUTYSTREAMS on ingredient technologies.   Callaghan is a graduate biochemist from the University of Bath, with a doctorate (PhD) from the Hebrew University of Jerusalem (Israel). Following her PhD, she then moved to Paris, France as a post-doctoral research fellow at the Pasteur Institute. While she was working there, she was invited to support LVMH-Dior with their Capture project, and this is how she entered the world of cosmetic science, and the skin care industry in particular. Over 15 years ago, she set up a cosmetics scientific development consulting business, working with ingredient suppliers, brands, and also service providers in clinical and pre-clinical testing and research.  Born and raised in Wales, she now resides in Germany. Amazing information! Great conversation! So much to learn and understand. Thanks for listening! Thanks for sharing! Before you go... You could help support this podcast by Buying Me A Coffee. Not really buying me something to drink but clicking on the link on my home page at https://stevenmiletto.com for Buy Me a Coffee or by going to this link Buy Me a Coffee. This would allow you to donate to help the show address the costs associated with producing the podcast from upgrading gear to the fees associated with producing the show. That would be cool. Thanks for thinking about it.  Hey, I've got another favor...could you share the podcast with one of your friends, colleagues, and family members? Hmmm? What do you think? Thank you! You are AWESOME! Connect & Learn More: Connect with Theresa M. Callaghan Contact: https://www.ccintl.eu LinkedIn: www.linkedin.com/in/tmcallaghan Newsletter/Blog: https://www.linkedin.com/today/author/tmcallaghan Claims Insights Monthly Column - EuroCosmetics Magazine: https://www.eurocosmetics-mag.com/cosmetic-claims/ Monthly Ingredient Technology Articles: https://beautystreams.com/ The book is available from Amazon, and the link to the article on Ai in cosmetics can be found here: https://www.personalcaremagazine.com/story/47067/ai-and-cosmetics-a-new-era-of-claims-washing   Rules & Regulations: https://www.personalcarecouncil.org/ (used to be the CTFA in the USA) https://www.ctpa.org.uk/rules-and-regulations https://www.fda.gov/cosmetics https://single-market-economy.ec.europa.eu/sectors/cosmetics_en https://cosmetic.chemlinked.com/   Early beauty culture (this is a fun one too):  https://www.cosmeticsandskin.com/index.php   Science Communication and Formulations (industry colleagues): The EcoWell: https://www.theecowell.com/about Lab Muffin: https://labmuffin.com/about-michelle/   All about Ingredients and Safety App: https://cosmileeurope.eu/de/home/ (readers will need to click on the appropriate language flag). Very informative site!   Length - 01:00:27

This episode of the Ditch the Suits focuses on the critical importance of estate planning and the common mistakes people make in this area. Travis and Steve welcome Jessica Blake, a Senior Wealth Manager and Certified Trust & Fiduciary Advisor (CTFA) from S.E.E.D. Planning Group, with extensive experience in estate planning, to share her insights. They discuss what constitutes an adequate estate plan and debunk the misconception that it's merely about having a will or life insurance. Jessica emphasizes the value of understanding the intricacies of estate planning, including tax implications and the potential for family conflict when things go awry. She also discusses the significance of the CTFA credential, the role of fiduciaries, and the transition from estate planning to comprehensive financial planning.You will appreciate Jessica's engaging anecdotes and the collaborative culture at S.E.E.D. Planning Group, which allows for a more holistic approach to financial and estate planning.Takeaways:Estate planning encompasses much more than just creating a will or purchasing life insurance; it's a comprehensive process. Having an adequate estate plan is crucial to avoid common mistakes and conflicts among heirs. An effective estate planner must understand various aspects, including tax implications and investment strategies. The CTFA designation indicates a deep understanding of trusts, fiduciary responsibilities, and estate planning complexities. Jessica emphasizes the importance of teamwork and mentorship in providing effective financial planning services. Being a fiduciary allows planners to prioritize clients' best interests without corporate constraints. ______________________________________________________________________________________________________________Thanks to our sponsor, S.E.E.D. Planning Group! S.E.E.D. is a fee-only financial planning firm with a fiduciary obligation to put your best interest first. Schedule your free discovery meeting at www.seedpg.comYou can watch all episodes, as well as other great content produced by NQR Media through their YouTube channel at https://youtube.com/@NQRMedia

Join our state director Marguerite Ro for a deep dive on managing finances for caregiving with Rachelle Czaplinski, CTFA, Senior Trust Officer at BECU. From savings options to choosing the right financial advisor and exploring diverse investment accounts, Rachel covers what you need to know. Saving Strategies for Caregivers: Discover smart ways to build a financial cushion to handle the various aspects of caregiving. Selecting the Right Financial Advisor: Understand the key factors to consider when choosing a financial advisor tailored to your caregiving needs. Exploring Different Investment Accounts: Delve into the world of investment accounts suited for caregiving scenarios. Rachel breaks down the pros and cons, helping you make informed decisions. Learn more about caregiving in Washington at aarp.org/caregiverswa

In this episode of Money Tales, our guest is Marguerite C. Lorenz, CTFA, CLPF. Marguerite has navigated many challenges in her life. One occurred in October 2007 when her home, along with over 100 others in her neighborhood, burned to the ground. Marguerite and her two children, who were in middle school at the time, lost everything. This included some objects, that they didn't realize until later, attached them to certain family memories. There were two strong forces that helped Marguerite's family at the time. First was a loving community that came together to provide for them. And the second was solid insurance coverage that provided them financial footing as they reestablished their lives after the disaster. Since 2003, Marguerite has been a managing partner of Lorenz Private Trustees and has served as a Professional Trustee and Executor on over 100 matters. Her book, Ethics for Trustees 2.0, gives further understanding to the work of a Fiduciary and its ethical considerations. Marguerite also serves as Vice-Chair of the Board for the Independent Trustee Alliance (ITA). Marguerite's experience includes, but is not limited to, residential and commercial real estate, high net worth and ultra-high net worth families, multi-family housing, fiduciary management of corporations, coin, art and book collections, investment accounts and vessels. Her clients have properties in California and other states. She enjoys those matters where the parent, or grandparent, has worked hard to build the family business and wishes to keep their assets in trust for the protection and enjoyment of their family, kids and grandkids. Marguerite is a California Licensed Professional Fiduciary (#319), a Certified Trust and Fiduciary Advisor (CTFA) #87097, and a Master Certified Independent Trustee (MCIT) through the ITA. She has been awarded Certification through the Institute of Certified Bankers/American Bankers Association. She is a Graduate of the National Trust School, American Bankers Association at Northwestern University and holds a Certificate in Professional Fiduciary Management for Trustees from California State University, Fullerton. Ms. Lorenz serves as an expert witness on criminal matters. Marguerite serves her clients in California and beyond. In the past, Governor Brown appointed Marguerite to serve a four-year term as a Member of the California Professional Fiduciaries Advisory Committee. Under her leadership, the Bureau developed various educational publications and extended the national awareness of the fiduciary profession.

In this episode of the podcast, we sit down with Foster Group Lead Advisor Ashlee Vieregger, JD, CFP, CTFA to discuss best practices for financial planning at all stages of our members' medical education and physician career.Thank you to our podcast sponsor: Foster Group

Many financial products and services are available in today's marketplace for investors and retirees. While investing can be exciting, addressing and getting "the basics" right is essential. During his fast-paced and multi-faceted presentation, David Holland will share his practical insights from 20+ years of advising and planning for individuals and families.In this episode, you'll discover:Emergency Funds (How Much and Where to Keep)Debt (How to Manage During Retirement)Long-term Care (A Critical Look at the Funding Options)Income (How to Create Diversified, Reliable Sources)Investing (How to Prepare for the Next Market Correction)Taxes (How to Minimize Them for You and Your Heirs)About David Holland:David Holland is the founder and owner of Holland Financial, a diversified financial services firm located in Ormond Beach, Florida. David has helped over five hundred families since starting his firm in 1997. To broadcast his message that "retirement planning doesn't have to be hard, complicated, or stressful," David has produced over 1,000 radio shows and written a weekly financial column since 2011. David is the author of two books and the host of PlanStronger TV, which airs weekly on public television (currently WDSC channel 15 in Daytona Beach, Florida). David is a heavily credentialed adviser holding the CPA, PFS, CFP, CLU, ChFC, and CTFA designations. In 2016, David was recognized by Retirement Advisor Magazine as one of the top 5 advisers in the nation. David lives with his wife, Toni, and their three teenagers in Ormond Beach, Florida.Get in touch with David Holland:Visit David's website: https://www.planstronger.com/ Buy David's Book: https://revolutionizeretirement.com/confessions Download David's Handout: https://revolutionizeretirement.com/holland What to do next: Click to grab our free guide, 10 Key Issues to Consider as You Explore Your Retirement Transition Please leave a review at Apple Podcasts. Join our Revolutionize Your Retirement group on Facebook.

Welcome to this week's Wisdom and Wealth Podcast. This week's conversation is our last of a four part series with Sarah Duey, JD, CTFA, CAPⓇ, AEPⓇand Tom Fridrich, JD, CLU, ChFC on Healthcare Powers of Attorney. In this week's episode we cover1.      Best practices for assisting aging parents 2.      How has COVID 19 changed this process3.      What happens if you don't have this process in place prior to an eventThank you for listening and for your feedback. Please let us know if you have additional questions around this topic or if you have ideas for a future conversation. 

Welcome to this week's Wisdom and Wealth Podcast. This week's conversation is our last of a four part series with Sarah Duey, JD, CTFA, CAPⓇ, AEPⓇand Tom Fridrich, JD, CLU, ChFC on Healthcare Powers of Attorney. In this week's episode we cover1.      Best practices for assisting aging parents 2.      How has COVID 19 changed this process3.      What happens if you don't have this process in place prior to an eventThank you for listening and for your feedback. Please let us know if you have additional questions around this topic or if you have ideas for a future conversation. 

Co-hosts Jeff Tomaneng, CFP®, CDFA® and Kathleen Kenealy, CFP®, CPWA® are joined by Alexandria Dunn, CFP®, CTFA, Cynthia Haddad, CFP®, ChSNC®, and John Nadworny, CFP®, CTFA of Affinia Financial Group to discuss their expertise in Special Needs Planning. You'll learn how Alex, Cynthia and John are uniquely qualified to guide families who have a loved one with a disability; how they work with their clients to keep them motivated and engaged in the planning process; how their practice and this type of planning has evolved over the years; and their suggestions for other advisors who are, or are considering, focusing their practices on families in this niche. Please visit SpecialNeedsPlanning.com to learn more about Affinia Financial Group and to access their Knowledge Bank of free, downloadable publications and learning resources. Use the discount code “SNP15” to get 15% off when you buy the 2nd edition of their book, “The Special Needs Planning Guide: How to Prepare for Every Stage of Your Child's Life” from Brooke's Publishing.   

Welcome to this week's Wisdom and Wealth Podcast. This week's conversation is our last of a four part series with Sarah Duey, JD, CTFA, CAPⓇ, AEPⓇand Tom Fridrich, JD, CLU, ChFC on Healthcare Powers of Attorney. In this week's episode we cover1.      Best practices for assisting aging parents 2.      How has COVID 19 changed this process3.      What happens if you don't have this process in place prior to an eventThank you for listening and for your feedback. Please let us know if you have additional questions around this topic or if you have ideas for a future conversation. 

Welcome to this week's Wisdom and Wealth Podcast. This week's conversation is our last of a four part series with Sarah Duey, JD, CTFA, CAPⓇ, AEPⓇand Tom Fridrich, JD, CLU, ChFC on Healthcare Powers of Attorney. In this week's episode we cover1.      Best practices for assisting aging parents 2.      How has COVID 19 changed this process3.      What happens if you don't have this process in place prior to an eventThank you for listening and for your feedback. Please let us know if you have additional questions around this topic or if you have ideas for a future conversation. 

Welcome to this week's Wisdom and Wealth Podcast. This week is our third episode of a four part series with Sarah Duey, JD, CTFA, CAPⓇ, AEPⓇand Tom Fridrich, JD, CLU, ChFC on Health Care Powers of Attorney. In today's discussion we delve into:1.      Who in your life needs this process 2.      How the process changes at various stages of life3.      What to consider in the event of mental illness or dementia  Thank you for listening! Please let us know what you think and also pass along any questions you have after listening. 

Welcome to this week's Wisdom and Wealth Podcast. This week is our third episode of a four part series with Sarah Duey, JD, CTFA, CAPⓇ, AEPⓇand Tom Fridrich, JD, CLU, ChFC on Health Care Powers of Attorney. In today's discussion we delve into:1.      Who in your life needs this process 2.      How the process changes at various stages of life3.      What to consider in the event of mental illness or dementia  Thank you for listening! Please let us know what you think and also pass along any questions you have after listening. 

Welcome to this week's Wisdom and Wealth Podcast. This week is episode 2 of our four part series with Sarah Duey, JD, CTFA, CAPⓇ, AEPⓇand Tom Fridrich, JD, CLU, ChFC on Healthcare Powers of Attorney. In today's discussion Sarah and Tom walk through how this process works in practice, Who should have copies of our HC POA, How to handle traveling with someone other than your agent, How to handle vacationing in other states and overseas and more. Thank you for listening! Please let us know what you think and also pass along any questions you have after listening. 

Welcome to this week's Wisdom and Wealth Podcast. This week is episode 2 of our four part series with Sarah Duey, JD, CTFA, CAPⓇ, AEPⓇand Tom Fridrich, JD, CLU, ChFC on Healthcare Powers of Attorney. In today's discussion Sarah and Tom walk through how this process works in practice, Who should have copies of our HC POA, How to handle traveling with someone other than your agent, How to handle vacationing in other states and overseas and more. Thank you for listening! Please let us know what you think and also pass along any questions you have after listening. 

Welcome to this week's Wisdom and Wealth Podcast. This week we begin a four part series with Sarah Duey, JD, CTFA, CAPⓇ, AEPⓇand Tom Fridrich, JD, CLU, ChFC on Healthcare Power of Attorney. In this first part of our discussion we discuss what a HC POA is, what it specifically does, whether or not a “living will is sufficient”?  Who should be your Health Care Agent? Please let us know what you think of this week's episode and also if there are additional questions you have that we did not cover! 

Welcome to this week's Wisdom and Wealth Podcast. This week we begin a four part series with Sarah Duey, JD, CTFA, CAPⓇ, AEPⓇand Tom Fridrich, JD, CLU, ChFC on Healthcare Power of Attorney. In this first part of our discussion we discuss what a HC POA is, what it specifically does, whether or not a “living will is sufficient”?  Who should be your Health Care Agent? Please let us know what you think of this week's episode and also if there are additional questions you have that we did not cover! 

Speakers:Tracey D. Collins, MBA, CFP®, CDFA®, Senior Relationship Manager, Senior Vice President, Key Private BankEmily E. Mogen, ACoM, CPM®, National Manager, Trust Real Estate, Key Private BankCynthia J. McDonald, CTFA, National Director of Philanthropic Advice, KeyBank Institutional Advisors 01:33 - Examples of real estate gifts and risks associated with them. 02:52 –Other questions that nonprofits should be asking before accepting real estate gifts. 3:11 – Gift acceptance policy considerations. 04:57 - What are the potential structures for completing a real estate gift? 06:44 –Could the proposed tax changes create more real estate gifting in the future? 07:27 - What is the pre-planning process before gifting real estate property? 08:59 – Key takeaways to help organizations better understand and prepare for real estate gifts.

How is the trust services sector positioning itself to serve the next generation of wealth clients? On the latest episode of the ABA Banking Journal Podcast — sponsored by ServiceLink — Franckline Casimir-Benoit discusses trends trust professionals are navigating, including complex tax changes, state law trends, growing investor demand for ESG investment options and how trust services are embedded in today's banking industry. As chair of the Certifed Trust and Fiduciary Advisor advisory board and a nearly three-decade veteran of the trust sector, Casimir-Benoit also talks about what trust professionals can do to advance their skills and stay current with industry trends.

Guests:Tina A. Myers, CFP®, CPA/PFS, MTax, AEP®, Director of Financial Planning, Key Private BankCynthia J. McDonald, CTFA, National Director of Philanthropic Advice, KeyBank Institutional AdvisorsIn this Key Wealth Matters Podcast episode, our team discusses President Biden's proposed tax plan and the potential impact on charitable giving and nonprofits for the remainder of the year and into 2022. Our host, Key Private Bank Senior Relationship Manager Tracey Collins, is joined by Director of Financial Planning for Key Private Bank, Tina A. Myers, CFP®, CPA/PFS, MTax, AEP®, and National Director of Philanthropic Advice with KeyBank Institutional Advisors, Cindy McDonald, to delve into the key steps both nonprofits and donors can take to prepare for potential legislation. 01:24 - What are the potential effects President Biden's tax proposal could have on charitable planning for individual donors? 06:46 – Could these potential changes affect how nonprofits interact with their donor base? 08:08 - Could Biden's tax proposal affect income streams for nonprofits? 09:07 – What is the best type of gift to give? 12:25- What is the impact of the tax plan on planning strategies typically used for charitable giving? 15:15 - Should donors and nonprofits wait until the tax plan is finalized before making any gifting decisions? 16:51 – What can nonprofits do right now to encourage gifting? 19:13 – What are the key steps nonprofits can take with their donors now to address the current tax environment as well as donor uncertainty? To submit questions to our experts on this topic or provide suggestions, contact us at: kpb_wealth_institute@keybank.com.Additional resources addressing this topic:2021 Top 10 Year-end Tax Planning Ideas for Individuals2021 Charitable Giving Strategies

Don't forget to subscribe to our channel: https://www.youtube.com/c/EddyLIVE One of the better football goalkeeping coaches around, #PeteLewry has been living in Taiwan for some time now. He speaks the language well, he started his own business recently and is practically a local now. Pete's Goalkeeping Academy, Evolve GK fills the need for the hole that is goalkeeping when it comes to the football coaching game. Pete's specialty goalkeeping skills are in high demand as training the keeper usually gets put on the backburner by most academies, including mine when I had one. Pete has worked with most of the clubs in Taiwan, both local and foreign-owned and he also worked with the CTFA national team. Join us as Pete tells his story and we have a few spicy wings to see if Coach Pete can make it through the gauntlet of fire! Contact Pete and Evolve GK Facebook: https://www.facebook.com/EvolveGKTaiwan Instagram: https://www.instagram.com/evolve.gk/ --------------------------------------------------- Podcast recorded at Eddy's Cantina https://g.page/eddystianmu?share

An estate plan is an essential component to every financial strategy, and ensuring you have one in place now can provide you with peace of mind for the future. In this episode, Amy Boyd Ertel, Esq., CTFA, Vice President, Trust Officer with CNB Wealth Management, joins CNB's Pittsford Bank Office Manager, Harry Gibbs, to discuss key points to consider when it comes to estate planning. What is an estate plan? Why should you have one? How do you plan for incapacity? What is the difference between an executor and a trustee? It's never too early to start planning, so join us as we answer these important questions and more.

Saving for education, borrowing, choosing the right college. These are just a few of the important factors that Investment Advisor Nicole Smit, CTFA and Assistant Vice President and Trust Officer Cheryl Dalton and I discuss this month in our August “Back to School Month” podcast. Join us for helpful advice and real-world insights on one of the biggest issues facing families today – how to make a quality education more affordable! With You Every Step of the WayWith over seven decades of collective experience, Providence Wealth Advisors has the expertise necessary to understand your financial goals and identify the best strategy to achieve them.

In this podcast, Investment Advisor Nicole Smit, CTFA and Assistant Vice President and Trust Officer Cheryl Dalton join PWA's Executive Vice President Doug DeGroot, CFP® to share their insights, not only as financial professionals but as mothers striving to set their children on a positive financial path. Join us in a brief conversation about the one important thing kids don't learn in school – how to handle money responsibly!With You Every Step of the WayWith over seven decades of collective experience, Providence Wealth Advisors has the expertise necessary to understand your financial goals and identify the best strategy to achieve them.

In this podcast, senior members of the PWA Team discuss joint tenancy, wills, trusts, estate taxes and other matters related to estate planning. Join Executive Vice President Doug DeGroot, CFP®, Senior VP Brian Granato, CTFA and Senior VP Tom Clifford as they share valuable insights gained over the years. With You Every Step of the WayWith over seven decades of collective experience, Providence Wealth Advisors has the expertise necessary to understand your financial goals and identify the best strategy to achieve them.

In honor of Mother's Day, members of the PWA team discuss Women and Investing and other topics particularly important to women. Join Executive Vice President Doug DeGroot, CFP®, Laura Fasan and Nicole Smit, CTFA as they touch on establishing goals, building wealth and much more.With You Every Step of the WayWith over seven decades of collective experience, Providence Wealth Advisors has the expertise necessary to understand your financial goals and identify the best strategy to achieve them.

In recognition of Financial Literacy Month and the arrival of Spring, members of the PWA team use this Podcast to provide helpful information on a few topics clients often ask about. Join Executive Vice President Doug DeGroot, CFP® and Senior Vice President Brian Granato, CTFA, as they discuss Tax Advantaged Investments, Social Security benefits and more.With You Every Step of the WayWith over seven decades of collective experience, Providence Wealth Advisors has the expertise necessary to understand your financial goals and identify the best strategy to achieve them.