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Diamond Bar Lawyer: “Get That Mountain Off Your Back”

"The big secret in life is that there is no big secret. Whatever your goal, you can get there if you’re willing to work." -Oprah Winfrey

So, the White House released its budget projections for the 2013 fiscal year (which starts in October) this morning (a rundown from Bloomberg here: http://bloom.bg/waLvtc) — and what strikes me first about it is that government economics are pretty different from household economics!

For instance, in this budget, the money "saved" from fighting the wars in Iraq and Afghanistan — which was being borrowed, mind you — is now being allocated to other spending. But it’s being counted as savings! That’s like borrowing money to make your car payments, selling the car, CONTINUING to borrow the money and spending it on a 2nd mortgage.

And counting it as savings.

Borrowing money to pay off more borrowed money
(and calling it savings) only works for Uncle Sam, apparently.

Now, I want to address something which a few of my clients have (very privately) sought my counsel for. Because we handle many clients with means, I think that this is actually something people are afraid of discussing — but it’s an issue which I wanted to weigh in on for you.

Believe it or not, even the "wealthy" can struggle with credit card debt. So, I thought I’d go beyond some of the stuff out there and give you some (confidential) advice…

Rowel Manasan’s
"Straight Talk" Personal Strategy

How Even The Wealthy Can Beat Credit Card Debt

The average credit card balance for 2011 was $6,576, down from $7,404 the previous year — and while it’s certainly nice to see improvement, I also know that any kind of debt can feel like you have Justin Tuck climbing on your back. (That’s a New York Giants reference, by the way. Google him if you must. Not a small man.)

This is an especially embarrassing circumstance for families who have previously been "flush". We’ve been approached by such families, and I thought that what I’ve shared would be worth passing along to our entire list. Certainly, this won’t fit everyone, but if it’s you …  read on.

1. If you ever hope to pay off your credit card debt, pay more than the minimum payment each month.
If you only pay the minimum payment each month, your bill could continue to INCREASE, even if you completely stop using your card. This is called "negative amortization"–where you think you are paying on your debt but the additional fees and finance charges are more than the minimum payment. The bottom line is: Pay more than your minimum or you will eventually be in debt over your head.  

2. Implement a regular *system* for credit card debt reduction.
With online banking and automatic payment options, there are GREAT tools for ensuring you don’t mess up because of administrative chaos. If you feel you can’t manage all your bills by pen and paper, there are several good software programs available for keeping track of your financial records.

In fact, I recommend that you automate a payment ABOVE the minimum monthly payment, just to be certain that you start getting ahead of the game. Those minimum payments are rigged against you, and the only way to get ahead is to … get ahead. I have some more thoughts on automation in a moment.

3. You can negotiate with your credit card company.
No, you do not need to be an attorney or other professional to negotiate with your credit card company (you will need patience and persistence though). The rising amount of consumer debt in this country has made creditors realize that they need to be more understanding of their customers — if they hope to get any money back. If you file bankruptcy they are only going to get pennies on the dollar, so they are willing to make deals.

4. Write letters to each of your creditors acknowledging your debt and the situation, and tell each one when you can begin repayment.
Open communication always helps. Usually credit card companies get ignored and end up sending delinquent files to a collections agency. So they’ll actually appreciate your openness in contacting them and may be more understanding of your situation. Proactively dealing with your debt problem rather than hiding will not only help your financial problem but make you feel better about yourself.

5. Keep track of what you are able to pay each creditor every month.
If you are not able to pay the full amount of your credit each month, you still should still pay something to stay on top of it. You should work off a written budget so you know exactly where you stand. Some experts suggest that you divide your monthly debt budget by the percentage each bill makes of the total and pay that amount.

Here’s an example: If you owe a total of $10,000, and one credit card is $8000 and the other is $2000, and you only have $1000 available to pay for that month… You should pay $800 on the $8000 balance, and $200 on the $2000 balance. This way you are reducing each debt by the same percentage.  

6. Don’t fall prey to intimidation tactics
No matter how forthcoming and honest you are, some creditors have been taught to be mean and downright nasty. Hang in there and don’t let this tactic intimidate you.

Even for these sorts of circumstances, we really are here to help. Give us a call: (888) 285-0508.

Diamond Bar Lawyer On: “Going Beyond The Gift”

"You just can’t beat the person who never gives up." -Babe Ruth

What is it with the Giants and acrobatic catches? Five years ago, it was David Tyree … and this year, Mario Manningham comes through with the game-changing catch on the Giants final drive. By the time you get this, enough has been said about the game — but even though I’m not a Giants fan, what I loved about their victory is how even though they had a sub-par regular season, they simply didn’t give up.

There’s plenty inspiration in there for all of us, methinks. It’s not over until, well, it’s really over.

But here’s something that you can get AHEAD of the game on: Valentine’s Day. It’s hurtling towards us, so I thought I’d give you a little nudge.

And I work with many clients who have plenty of means (and many who don’t, as well). So I put together a primer on how to woo without purchasing it. We put a lot of thought into the "intangibles" during the estate planning process, and it’s given me some small insight into how to see beyond simply money or gifts.

Wives can scoff at this list, and be gratified when their husbands successfully surpass it. And husbands, well I know some are skilled at romance; and others … well, here’s some help!

After all, the best gestures are from the heart, not necessarily the wallet.

Rowel Manasan’s
"Straight Talk" Personal Strategy

Going Beyond The Gift on Valentine’s Day

Look– whatever your particular financial situation, wouldn’t it be great to create romance "magic" without spending an arm and two legs? So, instead of the tired old "flowers, candy and chocolate" [boring!], here’s a few modest and occasionally tongue-in-cheek suggestions for a sizzling Valentines … that won’t torch your wallet!

Make a Video.
You can use the video setting on your phone or digital camera, and create a heartfelt message of love for your sweetie. Then, post it to YouTube, Vimeo or another online video-sharing site and send it on! Um, just be sure to make that video setting to "private" unless you want to share with the world your dying love for your honey (hopefully with clothes on!).

Learn a Romantic Song and Sing it to Your Sweetheart.
Well, I’m no singer, so I can’t say I’ve tried this … but I hear it works well. Even better, if you can’t sing, your valentine will give you kudos for the effort! You could step it up by writing an original song and then sing it. Or, for the slightly-less courageous, you could pull a page out of John Cusack’s book in Say Anything and hold a boombox (or iPod) above your head and blare Peter Gabriel’s "In Your Eyes". That seemed to work.

Not a singer? More of a writer? Or artist? For the otherwise artistically inclined:

- You could pen a poem on nice paper
- or even paint it
- You can paint a picture of your honey. Just be sure it looks good.

The "Mix Tape" (or Playlist)
This is an old standby of high school kids everywhere. Except these days, the "tape" part is a bit less convenient. Instead, make a CD or mp3 playlist of Sweet Love Songs and make a cover list/ liner notes on the memories of you and your honey from the songs. And you can make a Personalized Photo Album using Shutterfly or a service like it.

Romantic Picnic
Surprise your love with a ‘picnic’ in the park, at the beach, or any other outdoor nature spot. If the weather isn’t ideal for outdoors, you could bring the outdoors inside — find a fake palm tree, flowers, sand, beach umbrella, radio, towels (borrow them). Nothing says "I love you" like fake palm trees!

Write a Message To Be "Stumbled Upon"
Well, perhaps not *literally* stumbled upon, but try a nice outdoor surprise. If you do have snow outside, you could stomp out the message and fill in the letters with spray paint or flower pedals or rocks.  If there’s no snow, you can use sidewalk chalk to write a message to your sweetie.

You see, anybody can go out and "buy something" – but it takes effort and thoughtfulness to make it personal … and it doesn’t require a lot of money! And as someone whose JOB it is to save you money, that’s what I like.

(888) 285-0508

Diamond Bar Accountant On: “Planning For Uncertainty”

"Until you make peace with who you are, you’ll never be content with what you have." -Doris Mortman

I happen to think that we’re in a sort of "in between" stage right about now, when it comes to the tension between making online commerce technology "easy", but also ensuring the fraudsters are also kept at bay.

For example, I ran across this again the other day, and though it’s been around for a bit, not very many people know about it: Some credit cards now offer their clients a "temporary" number for online transactions. This feature (called "ShopSafe" by BoA: http://www.bankofamerica.com/privacy/index.cfm?template=learn_about_shopsafe), allows you to create a unique temporary credit card number every time you make an online purchase. What’s great is that this number acts exactly like your *real* credit card number, except that it has a lower limit and a quick expiration date. For example, if you are purchasing a $35 item, you can create a temporary number with a $40 credit limit that expires in two months.

Merchants won’t know the difference, but if their lack of security compromises the number you use, the thieves will find themselves with $5 more credit on a card that may already be expired!

Pretty nice, huh?

In the future, I’m sure that there will be new technology tools that make online commerce even that much more secure.

We’re also in an "in between" stage with the estate tax and estate planning world, and if you get complacent, you could be in for a rude awakening.

Here’s what I mean…

Rowel Manasan’s
"Straight Talk" Personal Strategy

Don’t Let Estate Tax Uncertainty Come Back and Bite You

Did you, like many people, breathe a sigh of relief when the estate tax exemption was set at $5million?

Well, don’t get complacent.

A number of our clients and others are planning very aggressively and taking significant advantage of what may be a small window of opportunity. After all, we don’t know what tomorrow will bring.

You see, after the temporary suspension in 2010, the estate tax had been poised to jump to 55% with a $1 million exemption, or $2 million for couples.  Instead, the rate was set at 35% for two years and applies only to estates worth more than $5 million, or $10 million for couples.

However, the word "temporary" occurs 43 times in the 2010 tax act’s 30 pages. That is simply a fact we have to take into consideration in our financial plans, as a result.

In the end, many clients who don’t have $5million in assets are driven to do an estate (wisely) in order to avoid chaos and discord among beneficiaries, to avoid probate, and to protect children from mismanaging their inheritance. We see that all the time.

But the point is — don’t think that just because there’s an exemption now that it will always be there. Plan for each circumstance. And let us help you do so: (888) 285-0508.

Diamond Bar Lawyer Reports: “These Are Just Wrong”

"The most important thing in communication is hearing what isn’t said." – Peter F. Drucker

A few weeks ago, I wrote about common myths around the process of estate planning. Look, it was in the middle of the holidays, so I won’t blame you for missing it.

But for the sake of clarity, one of the things I’d like to do with this series is establish this truth: Estate planning is MUCH more than avoiding the estate tax.

In my opinion, this is why so many regular families get taken by surprise when they least expect it–or need it. After all, *their* estate shouldn’t be subject to the estate tax.

But then they get socked with all kinds of other fees, maybe even placed in probate and their wishes aren’t honored by the courts.

All because they never went through the process with someone like us.

So, in that vein, I’m continuing my series from a couple weeks ago and doing some "myth busting". Read on…and send your feedback…

Rowel Manasan’s
"Straight Talk" Personal Strategy

More Reasons Why People Mistakenly Forgo Estate Planning…

A few weeks ago, I wrote about these common myths–still held by the majority of Americans. In fact, as of this writing, it’s a fact that almost 60% of Americans don’t have a basic will, and that’s a big problem.

Much of the reason for this is because of misconceptions about estate planning, and I dealt with two already:

Myth 1. Only rich people prepare estate plans.

Myth 2. Everything goes to your spouse, if something happens.

Well, I’ve got three more for you to chew on, and dispense with.

Myth 3. After I create my will or living trust, there’s nothing else to think about.

Well, if you follow this line of thinking, it could lead to a lot of problems. For instance, once you set up a trust, you need to re-title the assets you want to transfer to the trust. Otherwise, the trust doesn’t help a thing.

On top of that, families need to periodically update their will or trust to reflect major life events, such as a divorce or the birth of a child. You’ll also want to revisit your estate plan if you move to another state.

In fact, it’s a good idea to meet with us every 3 or 4 years to make sure your plan is fully up-to-date. (Which, incidentally, we provide free to certain clients. Ask us about that.)

Myth 4. If I have a will, my estate automatically won’t go through probate.

Well, again–that’s not the case. In fact, ALL wills are subject to "probate".  This is a process in which a court determines whether the document is actually valid and ensures that relatives and creditors are notified. This process can take several months and drain thousands of dollars from your estate.

So here’s one way to avoid that entirely–create that living trust. Essentially, a living trust is a legal document you create which holds property (such as brokerage accounts and real estate). When you die or are incapacitated, the property is smoothly transferred to your beneficiaries. This transfer occurs outside of the probate process, which saves a TON of hassle.

Not everyone needs one of these documents, but it’s something which you can’t paint over with a broad brush. Which is why it’s important to walk with a competent guide on these matters.

By the way, if you own property in more than one state, a living trust is a no-brainer. Going through probate in multiple states is a nightmare.

Another advantage to a living trust is privacy. A will is a public document, and anyone can come to the probate hearing to see if any fights break out. Living trusts aren’t published in any courthouse, so people can’t gain easy access to them. That’s quite nice.

Myth 5. I could be held responsible for a deceased parent’s debts.

No, you’re not responsible for credit card debts from your parents.

In general, children aren’t responsible for a deceased parent’s debts, and in some cases spouses are often exempt as well. Again…you can’t paint it with a broad brush. But as a general rule, the estate is responsible for paying debts. If there isn’t enough in the estate to cover the amount owed, the debts usually go unpaid.

Most of all, we’re here to help.

Use This During Tax Time

"A daily routine built on good habits and disciplines separates the most successful among us from everyone else." – Darren Hardy

Last week I wrote about financial resolutions — and, well, John Tierney of the New York Times must be a reader!

The columnist devoted a fantastic column to the keeping of resolutions and though he didn’t name me directly, he made a bunch of great points. I read this in the paper version, but I wanted you to see it online. In my opinion, here’s the key bit (my emphasis):

The study, led by Wilhelm Hofmann of the University of Chicago, showed that the people with the best self-control, paradoxically, are the ones who use their willpower less often. Instead of fending off one urge after another, these people set up their lives to minimize temptations. They play offense, not defense, using their willpower in advance so that they avoid crises, conserve their energy and outsource as much self-control as they can.

Alright — so perhaps he’s not talking about the automation and financial resolutions which I discussed! But I do hope you noticed what I emphasized there: sometimes our best method to stick to our resolutions is to not rely on our simple willpower — but to outsource it.

I’m running down some tools for you on this for next week, which I hope will help. But may I also suggest that — as many people told me over the holidays — setting up a secure plan for your family finances in the case of emergencies or tragedy is very simple to outsource. To us. Call: (888) 285-0508 and we’ll help you check that one off your list!

And just because we outsource, doesn’t mean we have to "dump".

So with the help of my CPA, I’ve put together this list of items you should be gathering these next few weeks as you prepare for tax time. It’s my hope that this will help YOU to delegate this sometimes-painful process effectively. I hope it’s helpful!

Rowel Manasan’s
"Straight Talk" Personal Strategy

Manasan’s Tax Season Checklist

This list is mostly complete–but I’m always looking to add to it! Let me know if you think I missed anything.

Personal Data
Social Security Numbers (including spouse and children)
Child care provider tax I.D. or Social Security Number

Employment & Income Data
W-2 forms for this year
Tax refunds and unemployment compensation: Form 1099-G
Miscellaneous income including rent: Form 1099-MISC
Partnership and trust income
Pensions and annuities
Alimony received
Jury duty pay
Gambling and lottery winnings
Prizes and awards
Scholarships and fellowships
State and local income tax refunds
Unemployment compensation

Homeowner/Renter Data
Residential address(es) for this year
Mortgage interest: Form 1098
Sale of your home or other real estate: Form 1099-S
Second mortgage interest paid
Real estate taxes paid
Rent paid during tax year
Moving expenses

Financial Assets
Interest income statements: Form 1099-INT & 1099-OID
Dividend income statements: Form 1099-DIV
Proceeds from broker transactions: Form 1099-B
Retirement plan distribution: Form 1099-R
Capital gains or losses

Financial Liabilities
Auto loans and leases (account numbers and car value) if vehicle used for business
Student loan interest paid
Early withdrawal penalties on CDs and other fixed time deposits

Automobiles
Personal property tax information
Department of Motor Vehicles fees

Expenses
Gifts to charity (receipts for any single donations of $250 or more)
Unreimbursed expenses related to volunteer work
Unreimbursed expenses related to your job (travel expenses, entertainment, uniforms, union dues, subscriptions)
Investment expenses
Job-hunting expenses
Education expenses (tuition and fees)
Child care expenses
Medical Savings Accounts
Adoption expenses
Alimony paid
Tax return preparation expenses and fees

Self-Employment Data
Estimated tax vouchers for the current year
Self-employment tax
Self-employment SEP plans
Self-employed health insurance
K-1s on all partnerships
Receipts or documentation for business-related expenses
Farm income

Deduction Documents
State and local income taxes
IRA, Keogh and other retirement plan contributions
Medical expenses
Casualty or theft losses
Other miscellaneous deductions

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