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EXECUTIVE SUMMARY



Personal Recommendations

      Life Insurance
          o Universal Life on both Charles and Kay
                  Recommended amount: $5,000,000 each
      Survivorship Life Insurance
          o For Estate Equalization
                  Recommended amount: $6,000,000
      Irrevocable Life Insurance Trust
          o Used for Survivorship Life Insurance
      Special Needs Trust (for Andrea)
          o Amount needed: $350,000
          o Funded through Universal Life Insurance
      Auto Insurance
          o Increase deductible to $500 per car
          o Add under- and uninsured motorist coverage
          o Increase coverage to $250,000/$500,000/$100,000
      Medical Insurance
          o Increase deductible to $2,000
      Personal Umbrella Policy
          o Add Personal Umbrella Policy for $1,000,000
      Emergency Fund
          o Increase to $84,000
      Update Will
          o Include pretermitted children
          o Include Special Needs Trust
      Farm Note Payment Schedule
          o Recommend lowering annual payments
      Investment Risk
          o Consult Investment Advisor on:
                  Kay’s 401(k)
                  Emergency Fund
                  Brokerage Account
      Mortgage
          o Refinance
      Homeowners Insurance
          o Increase coverage

                                      Page 1 of 15
o Increase deductible
         o Schedule property
         o Inflation guard endorsement
         o Home business insurance coverage endorsement
      Disability-Income Insurance
         o Add for both
      Long-Term Care Insurance
         o Add for both

Business/Farm Recommendations

      Liability Insurance for the Family Farm
         o Add Commercial General Liability policy
      Convert Fertilizer Company to LLC
      Buy-Sell Agreement (Fertilizer Company)
         o Funded through Life Insurance
      Liability Insurance for Fertilizer Business
         o Purchase
      Errors and Omissions Insurance
         o Add for Kay




                                      Page 2 of 15
INTRODUCTION



        We have examined the information you provided us last time we met and have
recognized certain areas in which your risk coverage can be improved. Due to your unique and
specific circumstances, in order to accomplish your desired goals, we have set forth our
recommendations on how to manage risk exposures.

        The analysis is divided between your personal and business/farm risk exposures. Each
section identifies a risk exposure, explains the need to compensate for that risk, and our
recommendation on how to manage that particular risk exposure. In doing so, we hope that you
use our recommendations to consult with specialists and other advisors who can help you carry
out our recommendations.

        Risk can be expensive to manage, however, the consequences of failing to do so can be
drastic and prevent you from accomplishing those goals which you have mentioned. We believe
at WCM Financial Group that risk management is a vital area of the financial planning process.
Alleviating risk exposures can help to eliminate future complications as well as providing a
peace of mind for our clients.




                                          Page 3 of 15
PERSONAL RECOMMENDATIONS



Life Insurance

         When analyzing your life insurance coverage we assessed your capital needs at death.
We determined that your current coverage is not sufficient. Currently, you each have term life
policies: $700,000 for Charles and $500,000 for Kay. The company that provides your current
life insurance is rated poorly by Moody’s rating agency. Companies with poor ratings run higher
risk of default, thus leading to a higher risk of not receiving your death benefit. We determined
that your needs will be best satisfied through the purchase of three new life insurance policies
from a life insurance agency with a rating of A or better.

       Universal Life Policy on Charles’s and Kay’s Lives
          o Each person will have a policy on their life
          o Policy will have a minimum level premium and guaranteed death benefit
          o We recommend $5,000,000 policies on each life
                   Our analysis calculated that $5,000,000 is required to satisfy debt
                      obligations, as well as other needs, at the death of either Charles or Kay.
                      The needs we included are
                              Final Expenses
                              Readjustment Fund (one month)
                              Emergency Fund (six months)
                              Education Fund
                              Current and long-term debt obligations
                              Andrea’s lifetime care costs
                              80% income need
                   (Please reference Appendix A – Life Insurance Capital Needs Analysis)
          o Universal life allows you to have flexible premiums in the event of a need to
              increase or decrease
                   Increasing or decreasing premiums alters the final death benefit paid to the
                      beneficiary or cash value during the life of the policy
       Survivorship Life Insurance
          o Additionally, we recommend you purchase a survivorship life insurance policy to
              satisfy your desire for estate equalization
          o Survivorship policies pay the death benefit after the death of the second spouse
          o We recommend that you purchase $6,000,000 of survivorship life insurance to
              satisfy your goal of estate equalization
                   This amount is relatively large due to your desire to transfer the farm
                      ($2,500,000) to Sarah at death


                                           Page 4 of 15
Therefore, you must compensate the same value to Chelsea,
                          Dennis, and Derek
                 This assumes that through the use of each individual life policy
                   (mentioned above), Andrea’s needs are satisfied separately through the
                   Special Needs Trust
           o Funded through an Irrevocable Life Insurance Trust


Irrevocable Life Insurance Trust

        Irrevocable Life Insurance Trusts (ILITs) are established so that the grantor (creator) can
transfer assets into the trust and the trust can, in turn, purchase life insurance on that grantor.
This results in the trust owning the policy on the grantor and it designates those individuals
whom the grantor wishes to be the beneficiaries of the life insurance policy. This ensures that
the insured individual owns no interest in the policy, meaning that it will not be includable in his
or her gross estate. Therefore, it will not be subject to estate taxes at death.

       Estate Taxes in the Future
           o On January 1, 2013 estate and gift unified credit amounts are likely to change.
               Please be aware that the amount of unified credit allowed to individuals after this
               date is unknown and subject to legislative action. If no legislation occurs, unified
               credit amounts per individual will revert back to pre-2001 amounts of $1,000,000.



Special Needs Trust

    Special needs trusts are important for families planning with special needs. In the event of
your deaths, you wished that Andrea’s care be fully funded. In order to fund her care, we
suggest that you add $350,000 to each of your life insurance policies. Special needs trusts are
needed to keep Andrea’s assets outside of her ownership, thus allowing her to receive federal
social security benefits. Based off of the social security administration benefits calculator,
Andrea will receive $18661 in the event of your deaths. The estimated assisted living facility
costs in Texas are $2800.2

       Amount Needed:                          $408,000
          o (See Appendix B –Andrea’s Special Needs)
       Existing Funds (Grandparent Trust**):   $65,000
       Total Amount of Insurance Needed:      $350,000



1
http://www.ssa.gov/cgi-bin/benefit6.cgi (Assumed Birthdays: Kay – 12/15/1961; Charles – 12/15/1962)
2
http://www.assistedlivingfacilities.org/directory/tx/

                                               Page 5 of 15
**The Grandparent’s existing revocable trust assets should be transferred to the newly created
special needs trust.



Auto Insurance

        Your current auto deductible of $100 is very low compared to industry standards. We
suggest you raise the deductible in order to save money on your monthly premiums. We
recommend that you raise the deductible on each car to $500. This amount is within your budget
due to your current financial standing.

       Additionally, we recommend the following:

           Add underinsured and uninsured motorist coverage
               o This will mitigate the risk of being hit by someone with not enough or no auto
                  insurance
               o Having this coverage is faster than recovering your loss from a lawsuit
           Increase your coverage to $250,000/$500,000/$100,000
               o Your assets can become subject to a lawsuit in the event one of your family
                  members causes a car accident resulting in catastrophic loss
               o This will help to protect your family’s personal assets


Medical Insurance

        Your current major medical policy should be sufficient for your current needs. In order
to save money on premiums, we suggest raising the deductible to $2,000. Considering the
number of family members you have, satisfying the $2,000 deductible in a single year is likely to
occur. Over the course of your lives, you should be able to compensate the increase in
deductible through savings in premium payments.



Personal Umbrella Policy

        In order to supplement your auto insurance coverage, we recommend purchasing a
Personal Umbrella Policy on each of you. This will add to the existing auto insurance and
protect the farm and other significant assets which you do not want subject to a lawsuit.Personal
umbrella policies offer excess liability coverage and extend broad coverage to potential loss
exposures. The umbrella policy will cover a loss if the loss is not covered by an existing policy.
These policies are reasonable in cost. For example, you can receive a $1,000,000 personal




                                            Page 6 of 15
umbrella policy for less than $350 per year.3 We recommend a $2,000,000 policy due to your
existing net worth. (See Appendix C – Financial Statements)



Emergency Fund

        We suggest that you increase the emergency fund to approximately $84,000. This will
provide your family’s nondiscretionary needs in case of emergency for 6 months. Typically, we
recommend that clients have a fund that will satisfy their needs for between 6 and 12 months.
For your specific needs in the event an emergency occurs, the 6 months we recommend would
suffice due to the stability of each of your jobs.



Update Will

   As your will sits right now, it is inadequate to fulfill the goals you set forth, as well as the
suggestions we have made to manage the risk areas of your lives. We suggest that you contact
your attorney and update your wills so that your goals may be fulfilled in the event of your
deaths. The following are concerns that you may want to bring up with your attorney:

           Include Chelsea, Derek, Dennis, and Andrea in the will
           Testamentary Special Needs Trust
               o This trust will be established to satisfy Andrea’s special needs
           Distribution of Assets (Estate Equalization)
           Designation of Guardian (for Andrea)
               o In the event of death, you will need a guardian to make decisions for Andrea
           Designation of Guardian (for Chelsea, Derek, Dennis)



Farm Note Payment Schedule

        Your current farm note payment is relatively high, at $200,000 per year. In order to
satisfy some of the recommendations that we are making, we suggest that you consider lowering
the payment amount if possible. Our recommendations are to help satisfy the risk areas in your
lives. In order to fund these recommendations, the resources saved can be allocated to funding
the certain risk management solutions in our analysis.




3
    Principles of Risk Management and Insurance; 11th addition; George E. Rejda, p. 557

                                                     Page 7 of 15
Investment Risk

    We suggest you contact your investment advisor as to the following investments:

       Kay’s 401(k)
          o Kay’s risk tolerance is low; however, an investment advisor may suggest some
              allocation to equities due to her age and potential future goals
       Emergency Fund
          o The Emergency Fund is for to fund immediate needs in the event of an
              emergency.
          o Funds in this account should be allocated to cash or its equivalent
       Brokerage Account
          o You should ask your investment advisor as to the proper allocation between fixed
              income and equities for this account
          o Leaving this in cash runs the of the funds losing their purchasing power due to
              inflation


Mortgage

    We believe the current interest rate that you are paying on your mortgage is high. Due to
your high interest rate, you are spending more than you need on interest payments per month.
We suggest that you refinance to recapture some of the money you spend on interest. The
following are current rates quoted:4

       Fixed (APR): 4.229%
       ARM (APR): 2.975%


Homeowners Insurance

        The current HO-3 policy you have on your home only covers $600,000 of the $685,000
value of your personal residence. We suggest that you increase the coverage to at least 100% of
the replacement cost of the dwelling. Our recommendation is that you increase the coverage to
$685,000. With your current coverage, you will not incur a penalty, due to it being at least 80%
insured. However, increasing your policy coverage to the full replacement cost will eliminate
the risk of loss having to incur the lacking coverage through self-funding in the event of a
complete and total loss of your home. In addition to the increased coverage, we recommend the
following:

       Add personal property replacement cost loss settlement endorsement


4
https://mortgage.citimortgage.com

                                           Page 8 of 15
o Under this endorsement, property will be covered on a replacement cost basis
                  rather than an actual cash value basis
           Make sure you look over your HO-3 policy exclusions
              o Your coverage covers everything except those specifically excluded
           1% deductible is sufficient
              o If you believe you can afford a higher deductible, your premium payments will
                  decrease
           Add scheduled personal property endorsement
              o Currently, your policy only covers $1,500 worth of jewelry
              o This will allow the full $45,000 value of the diamonds to be covered
           Add an inflation guard endorsement
              o As your house increases in value with inflation, the increased value will be
                  covered by this endorsement
              o Otherwise, over time your house will become underinsured
           Add a home business insurance coverage endorsement
              o Any essential assets used for the their businesses can be covered, including:
                  equipment, files, paperwork, and loss of business income


Disability-Income Insurance

        It is important to you and your family that you seriously consider investing in some
Disability-Income Insurance. An injury on the job can cause serious financial insecurity, and it is
important that you have a way to fund these substantial work earnings lost from being disabled.
We recommend that the two of you purchase a Disability Insurance Plan. Disability Insurance
pays benefits in monthly income to those who have become Totally Disabled. It is important to
note that you should always consider and understand what your insurance company defines
totally disabled as. The most basic definition of being totally disabled is the complete inability of
the insured to perform each and every duty of his, or her, own occupation.5 As shown in the
graph below, there is a much higher chance of becoming disabled before age 65 than most would
assume. We strongly encourage that you purchase Disability Insurance to cover any losses
incurred from missed work and to help insure financial security.

           Elimination Period
              o Disability Insurance policies usually contain an elimination period. This is a
                  waiting period in which the owner of the policy does not receive benefits from the
                  policy. Elimination periods can range from 30 days to 365 days. We recommend
                  that you have an elimination period of 90 days. Though this may seem like a
                  substantial amount of time it can significantly lower your premiums. The longer
                  your elimination period is the less you have to pay in premiums. After examining
5                                                  th
    Principles of Risk Management and Insurance; 11 addition; George E. Rejda, p. 325

                                                    Page 9 of 15
your current financial position, we feel that 90 days is a sufficient elimination
                period.
         Benefit Period
            o The benefit period is the length of time that disability benefits are payable after
                the elimination period is met. Most Disability Insurance plans offer a benefit
                period of 2 years, 5years, 10 years, or up to age 65 or 70. 6 We recommend that
                your Disability Insurance policy have a benefit period that will cover you both up
                to the age of 65 or 70. This will cause the premium payments to be higher but the
                coverage is the most important thing to consider. You have a growing family and
                it is important to consider the costs and needs that will remain through age 65 to
                70.



                        Chances of Being Disabled before 65
        40%

        35%

        30%

        25%

        20%

        15%

        10%

        5%

        0%
                  25           30           35              40         45             50   55
    7                                                 Age




6                                                th
  Principles of Risk Management and Insurance; 11 addition; George E. Rejda, p. 326
7
 https://advantageagentsalliance.com/Documents/MetLife%20Omni%20Advantage.pdf


                                                 Page 10 of 15
Long-Term Care

        The chance than any one person will need long-term care during their lifetime is
relatively high. The U.S. Department of Health and Human Services estimates that those who
reach the age of 65 will have a 40% chance of entering a nursing home.8 It is important that you
purchase long-term care insurance because of the dramatic increase in nursing home costs. The
financial burden caused by those who need long-term care can be alleviated with long-term care
insurance.

         The cost of long-term care can range between $70,000 and $100,000 annually.9 These
facilities have significantly better resources and provide a better standard of living than those
provided by Medicaid.

           We recommend the following for your long-term care insurance:

                    Comprehensive Policy
                       o Covers care in a nursing home, assisted living facilities, and hospice care
                    Elimination Period
                       o We recommend a 60 day elimination period
                       o Longer elimination periods reduce premiums

          It more cost efficient to purchase long-term care insurance today, rather than purchasing
it later in retirement where the costs can substantially increase.



                               BUSINESS/FARM RECOMMENDATIONS



Liability Insurance for the Family Farm

        A Commercial General Liability or CGL policy would also be beneficial to own for your
farmland. Workers whom you employ can subject your farm to potential liability due to the risk
of injuries. This risk poses a threat to the large value of the farm. The CGL policy can limit the
risk of your farm to potential lawsuits by providing insurance protection to pay in the event of a
major accident.

        Due to the farm’s value, we suggest you buy an additional Commercial Umbrella Policy
to cover the value of the farm in excess of the CGL policy. This can supplement the retained
limited covered by the CGL policy and provide additional coverage to prevent the full value of
the farm from being subject to lawsuits.

8
    Principles of Risk Management and Insurance; 11th addition; George E. Rejda, p. 321
9
    Principles of Risk Management and Insurance; 11th addition; George E. Rejda, p. 321

                                                    Page 11 of 15
Limited Liability Company

        Limited Liability Companies (LLCs) are easily formed by filing with the Secretary of
State in the state in which you reside. LLCs are formed by the owners (or partners) of a
company which are now “members” of the LLC. The members of the LLC are protected from
lawsuits, therefore limiting their exposure to risks. The LLC shields members from liability by
limiting the members’ liability to the investment in which each member has in the LLC. The
shield provided by the LLC protects the personal assets of each member from being drawn into
lawsuits brought against members.10

       Charles’ fertilizer business can benefit greatly by forming an LLC to replace the current
general partnership in which Charles and his two partners run the company. Looking over our
previous discussion, we noted that Charles has a concern that the partners of the fertilizer
company had not signed any type of financial agreement (currently they distribute profits evenly
between the partners).

                 In the by-laws of the newly formed LLC, the partners can set out an agreement as
                 to the distribution of profits in the event that one or more partners contribute more
                 to the business than the others.
                 Additionally, the LLC can help prevent liabilities such as the one arising from the
                 former employee lost two fingers in a fertilizer accident.
                     o At the time of the accident, the fertilizer company’s assets were sufficient
                         to compensate the employee for his lost digits.
                     o However, had the company lacked resources to pay the employee, the
                         partner’s personal assets could have been subject to a lawsuit.
                     o Losses that could have been incurred upon your family were limitless – if
                         the victim died for instance.
                     o The loss of a large, income producing asset, such as the farm, could prove
                         to be detrimental to your future earnings capacity.
                     o However, the formation of an LLC for the fertilizer company will shield
                         your current personal assets from liability of the company – ultimately
                         reducing your risk dramatically.



Buy-Sell Agreement (Fertilizer Company)

    Closely held private companies have a major problem arising when a partner dies. Unless an
agreement is written, the death of one or more partners results in the partnership being dissolved.
Dissolving the partnership will cause the partnership assets to be liquidated (sold) and distributed
between the surviving partners and the heirs of the deceased partner. If the surviving partners

10
 http://www.sos.state.tx.us/corp/businessstructure.shtml

                                                  Page 12 of 15
wish to continue the same line of business, they will be forced to fund the costs of recreating the
partnership or reorganizing the partnership in some way. Additionally, the surviving partners, as
well as the heirs of the deceased partner may have issues such as estate settlement costs, heirs
becoming partners, and buying the heir’s share in the partnership.11

    These issues may be solved through a buy-sell agreement established by the partners of the
fertilizer partnership. The most efficient means of funding a buy-sell agreement are through the
use of an insurance policy. The steps of a buy-sell agreement with the use of life insurance are as
follows:

        First, the partnership enters into a buy-sell agreement. The agreement sets forth that the
        partnership will purchase the interest of which the deceased partner owns from the heirs
        at a predetermined price.
        The partner purchases a life insurance policy on each partner’s life. It pays the
        premiums, is the owner, and the beneficiary of each policy.
        When a partner dies, the partnership receives the death benefit (no income taxes).
        The partnership then purchases the deceased partner’s interest from the estate for the
        predetermined price.
        The heirs of the deceased partner receive the proceeds of the sale.12

   This agreement, as applied to the fertilizer business, will provide Charles and his partners a
means of preventing the business from dissolving at one death and provide the heirs with
adequate payments for the deceased partner’s shares.

(See Appendix D – Buy-Sell Agreement)



Liability Insurance for Fertilizer Business

        The fertilizer business may also benefit from purchasing some form of commercial
general liability (CGL) policy. CGL policies are used by businesses to cover potential exposures
the business may have in the form of lawsuits. Charles’ fertilizer company has previously dealt
with an employee which they had to compensate due to the loss of fingers on the job. The funds
used to compensate this employee were paid for out of the partnership’s assets. In order to
preserve these assets, purchasing a CGL policy can cover any future liabilities resulting from
business related activities. In the event a claim is made against Charles’ fertilizer company
again, the assets will not only be able to be preserved, but they can be retained to increase future
earnings and expansion of the company.



11
 http://vsa.fsonline.com/fso/library/txtech/1b1-05-S.pdf
12
 http://vsa.fsonline.com/fso/library/txtech/1b1-05-S.pdf

                                                   Page 13 of 15
Farm – Generational Transfer

        In reviewing your desire to transfer the farm to Sarah over time, we have decided to
recommend that you transfer her “working equity” in the farm in trust. Additionally, Sarah’s
interest in the farm which she will gain in the event Charles or Kay dies should also be
transferred to the trust. In doing so, the trust document should include a clause requiring Sarah
to sign a prenuptial agreement with whomever she decides to marry. The prenuptial agreement
should set forth that the farm is her separate property, and in the event of a divorce, it would not
be subject to being divided with her husband.

*** Please consult an attorney to draft legal documents such as trusts. Our recommendations are
to help guide the attorney understand your goals and objectives when drafting your legal
documents. These recommendations are not legal advice.

Errors and Omissions Insurance

    We recommend that Kay purchase an Errors and Omissions (E&O) Insurance policy. Errors
and Omissions Insurance is a type of professional liability policy. Many professionals need E&O
insurance, including:

        Architects
        Insurance Agents
        Real Estate Agents
        Brokers
        Attorneys
        Engineers
        And many others who give advice to clients.

     Errors and Omissions Insurance is designed to meet the needs of each different profession
and professional. There are many new liabilities appearing the today’s service related industries.
It is important to not only purchase insurance that covers a business’s basic needs and risks, but
to also hold insurance to cover any damages that are created through the service that a business is
providing. Errors and Omissions Insurance protects businesses and professionals from such
claims and liabilities.13It is generally paid on a claims-made basis. This is because the insurance
covers errors made during the current policy period.14

    It is important to note that while E&O Insurance has moderately few exclusions claims that
result from dishonest, criminal, fraudulent, or malicious acts by the insured are specifically
excluded.15


13
   http://www.errorsandomissionsinsuranceco.com/
14
   Principles of Risk Management and Insurance; 11th addition; George E. Rejda, p. 611
15
   Principles of Risk Management and Insurance; 11th addition; George E. Rejda, p. 611

                                                  Page 14 of 15
CONCLUSION



        The detailed recommendations mentioned above were created after a thorough risk
assessment. After examining your current risk coverage, we concluded that the current coverage
was inadequate to you family’s needs. We separate your risk exposures into personal exposures
and business/farm exposures. Along with the identification of each exposure we explained your
specific needs in managing the risk and our recommendations on what we believe is the best risk
management solution.

        The first issue we analyzed was your personal risk exposures. We determined that a
greater need for life insurance is needed to fulfill expressed goals. Concerning Andrea, a special
needs trust is needed to meet her future needs in the event of your deaths. Your auto, medical,
and homeowners policies need alterations to limit risk exposures and broaden coverage.
Additionally, we recommend purchasing the following insurance policies: personal umbrella
policy, disability-income insurance, and long-term care insurance. Other areas of concern are
increasing your emergency fund, updating your will, decreasing farm note payments, mortgage
refinancing, and consulting an investment advisor concerning your asset allocations.

        The other issue analyzed was your business/farm risk exposures. First, we recommend
that you purchase liability insurance for the family farm. We also recommended that Charles
convert his fertilizer company to an LLC, create a buy-sell agreement with his partners, and
purchase liability insurance on the company. Finally, we recommend Kay purchase Errors and
Omissions insurance for her engineering occupation.

       In future meetings we may discuss the following areas of concern:

               529 Plans for education funding
                  o (See Appendix E – College Costs)
               Andrea’s college needs as she approaches college age
               Retirement Planning
               Updates on what recommendations you chose to follow




                                           Page 15 of 15

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Risk Management Paper

  • 1. EXECUTIVE SUMMARY Personal Recommendations Life Insurance o Universal Life on both Charles and Kay  Recommended amount: $5,000,000 each Survivorship Life Insurance o For Estate Equalization  Recommended amount: $6,000,000 Irrevocable Life Insurance Trust o Used for Survivorship Life Insurance Special Needs Trust (for Andrea) o Amount needed: $350,000 o Funded through Universal Life Insurance Auto Insurance o Increase deductible to $500 per car o Add under- and uninsured motorist coverage o Increase coverage to $250,000/$500,000/$100,000 Medical Insurance o Increase deductible to $2,000 Personal Umbrella Policy o Add Personal Umbrella Policy for $1,000,000 Emergency Fund o Increase to $84,000 Update Will o Include pretermitted children o Include Special Needs Trust Farm Note Payment Schedule o Recommend lowering annual payments Investment Risk o Consult Investment Advisor on:  Kay’s 401(k)  Emergency Fund  Brokerage Account Mortgage o Refinance Homeowners Insurance o Increase coverage Page 1 of 15
  • 2. o Increase deductible o Schedule property o Inflation guard endorsement o Home business insurance coverage endorsement Disability-Income Insurance o Add for both Long-Term Care Insurance o Add for both Business/Farm Recommendations Liability Insurance for the Family Farm o Add Commercial General Liability policy Convert Fertilizer Company to LLC Buy-Sell Agreement (Fertilizer Company) o Funded through Life Insurance Liability Insurance for Fertilizer Business o Purchase Errors and Omissions Insurance o Add for Kay Page 2 of 15
  • 3. INTRODUCTION We have examined the information you provided us last time we met and have recognized certain areas in which your risk coverage can be improved. Due to your unique and specific circumstances, in order to accomplish your desired goals, we have set forth our recommendations on how to manage risk exposures. The analysis is divided between your personal and business/farm risk exposures. Each section identifies a risk exposure, explains the need to compensate for that risk, and our recommendation on how to manage that particular risk exposure. In doing so, we hope that you use our recommendations to consult with specialists and other advisors who can help you carry out our recommendations. Risk can be expensive to manage, however, the consequences of failing to do so can be drastic and prevent you from accomplishing those goals which you have mentioned. We believe at WCM Financial Group that risk management is a vital area of the financial planning process. Alleviating risk exposures can help to eliminate future complications as well as providing a peace of mind for our clients. Page 3 of 15
  • 4. PERSONAL RECOMMENDATIONS Life Insurance When analyzing your life insurance coverage we assessed your capital needs at death. We determined that your current coverage is not sufficient. Currently, you each have term life policies: $700,000 for Charles and $500,000 for Kay. The company that provides your current life insurance is rated poorly by Moody’s rating agency. Companies with poor ratings run higher risk of default, thus leading to a higher risk of not receiving your death benefit. We determined that your needs will be best satisfied through the purchase of three new life insurance policies from a life insurance agency with a rating of A or better. Universal Life Policy on Charles’s and Kay’s Lives o Each person will have a policy on their life o Policy will have a minimum level premium and guaranteed death benefit o We recommend $5,000,000 policies on each life  Our analysis calculated that $5,000,000 is required to satisfy debt obligations, as well as other needs, at the death of either Charles or Kay. The needs we included are Final Expenses Readjustment Fund (one month) Emergency Fund (six months) Education Fund Current and long-term debt obligations Andrea’s lifetime care costs 80% income need  (Please reference Appendix A – Life Insurance Capital Needs Analysis) o Universal life allows you to have flexible premiums in the event of a need to increase or decrease  Increasing or decreasing premiums alters the final death benefit paid to the beneficiary or cash value during the life of the policy Survivorship Life Insurance o Additionally, we recommend you purchase a survivorship life insurance policy to satisfy your desire for estate equalization o Survivorship policies pay the death benefit after the death of the second spouse o We recommend that you purchase $6,000,000 of survivorship life insurance to satisfy your goal of estate equalization  This amount is relatively large due to your desire to transfer the farm ($2,500,000) to Sarah at death Page 4 of 15
  • 5. Therefore, you must compensate the same value to Chelsea, Dennis, and Derek  This assumes that through the use of each individual life policy (mentioned above), Andrea’s needs are satisfied separately through the Special Needs Trust o Funded through an Irrevocable Life Insurance Trust Irrevocable Life Insurance Trust Irrevocable Life Insurance Trusts (ILITs) are established so that the grantor (creator) can transfer assets into the trust and the trust can, in turn, purchase life insurance on that grantor. This results in the trust owning the policy on the grantor and it designates those individuals whom the grantor wishes to be the beneficiaries of the life insurance policy. This ensures that the insured individual owns no interest in the policy, meaning that it will not be includable in his or her gross estate. Therefore, it will not be subject to estate taxes at death. Estate Taxes in the Future o On January 1, 2013 estate and gift unified credit amounts are likely to change. Please be aware that the amount of unified credit allowed to individuals after this date is unknown and subject to legislative action. If no legislation occurs, unified credit amounts per individual will revert back to pre-2001 amounts of $1,000,000. Special Needs Trust Special needs trusts are important for families planning with special needs. In the event of your deaths, you wished that Andrea’s care be fully funded. In order to fund her care, we suggest that you add $350,000 to each of your life insurance policies. Special needs trusts are needed to keep Andrea’s assets outside of her ownership, thus allowing her to receive federal social security benefits. Based off of the social security administration benefits calculator, Andrea will receive $18661 in the event of your deaths. The estimated assisted living facility costs in Texas are $2800.2 Amount Needed: $408,000 o (See Appendix B –Andrea’s Special Needs) Existing Funds (Grandparent Trust**): $65,000 Total Amount of Insurance Needed: $350,000 1 http://www.ssa.gov/cgi-bin/benefit6.cgi (Assumed Birthdays: Kay – 12/15/1961; Charles – 12/15/1962) 2 http://www.assistedlivingfacilities.org/directory/tx/ Page 5 of 15
  • 6. **The Grandparent’s existing revocable trust assets should be transferred to the newly created special needs trust. Auto Insurance Your current auto deductible of $100 is very low compared to industry standards. We suggest you raise the deductible in order to save money on your monthly premiums. We recommend that you raise the deductible on each car to $500. This amount is within your budget due to your current financial standing. Additionally, we recommend the following: Add underinsured and uninsured motorist coverage o This will mitigate the risk of being hit by someone with not enough or no auto insurance o Having this coverage is faster than recovering your loss from a lawsuit Increase your coverage to $250,000/$500,000/$100,000 o Your assets can become subject to a lawsuit in the event one of your family members causes a car accident resulting in catastrophic loss o This will help to protect your family’s personal assets Medical Insurance Your current major medical policy should be sufficient for your current needs. In order to save money on premiums, we suggest raising the deductible to $2,000. Considering the number of family members you have, satisfying the $2,000 deductible in a single year is likely to occur. Over the course of your lives, you should be able to compensate the increase in deductible through savings in premium payments. Personal Umbrella Policy In order to supplement your auto insurance coverage, we recommend purchasing a Personal Umbrella Policy on each of you. This will add to the existing auto insurance and protect the farm and other significant assets which you do not want subject to a lawsuit.Personal umbrella policies offer excess liability coverage and extend broad coverage to potential loss exposures. The umbrella policy will cover a loss if the loss is not covered by an existing policy. These policies are reasonable in cost. For example, you can receive a $1,000,000 personal Page 6 of 15
  • 7. umbrella policy for less than $350 per year.3 We recommend a $2,000,000 policy due to your existing net worth. (See Appendix C – Financial Statements) Emergency Fund We suggest that you increase the emergency fund to approximately $84,000. This will provide your family’s nondiscretionary needs in case of emergency for 6 months. Typically, we recommend that clients have a fund that will satisfy their needs for between 6 and 12 months. For your specific needs in the event an emergency occurs, the 6 months we recommend would suffice due to the stability of each of your jobs. Update Will As your will sits right now, it is inadequate to fulfill the goals you set forth, as well as the suggestions we have made to manage the risk areas of your lives. We suggest that you contact your attorney and update your wills so that your goals may be fulfilled in the event of your deaths. The following are concerns that you may want to bring up with your attorney: Include Chelsea, Derek, Dennis, and Andrea in the will Testamentary Special Needs Trust o This trust will be established to satisfy Andrea’s special needs Distribution of Assets (Estate Equalization) Designation of Guardian (for Andrea) o In the event of death, you will need a guardian to make decisions for Andrea Designation of Guardian (for Chelsea, Derek, Dennis) Farm Note Payment Schedule Your current farm note payment is relatively high, at $200,000 per year. In order to satisfy some of the recommendations that we are making, we suggest that you consider lowering the payment amount if possible. Our recommendations are to help satisfy the risk areas in your lives. In order to fund these recommendations, the resources saved can be allocated to funding the certain risk management solutions in our analysis. 3 Principles of Risk Management and Insurance; 11th addition; George E. Rejda, p. 557 Page 7 of 15
  • 8. Investment Risk We suggest you contact your investment advisor as to the following investments: Kay’s 401(k) o Kay’s risk tolerance is low; however, an investment advisor may suggest some allocation to equities due to her age and potential future goals Emergency Fund o The Emergency Fund is for to fund immediate needs in the event of an emergency. o Funds in this account should be allocated to cash or its equivalent Brokerage Account o You should ask your investment advisor as to the proper allocation between fixed income and equities for this account o Leaving this in cash runs the of the funds losing their purchasing power due to inflation Mortgage We believe the current interest rate that you are paying on your mortgage is high. Due to your high interest rate, you are spending more than you need on interest payments per month. We suggest that you refinance to recapture some of the money you spend on interest. The following are current rates quoted:4 Fixed (APR): 4.229% ARM (APR): 2.975% Homeowners Insurance The current HO-3 policy you have on your home only covers $600,000 of the $685,000 value of your personal residence. We suggest that you increase the coverage to at least 100% of the replacement cost of the dwelling. Our recommendation is that you increase the coverage to $685,000. With your current coverage, you will not incur a penalty, due to it being at least 80% insured. However, increasing your policy coverage to the full replacement cost will eliminate the risk of loss having to incur the lacking coverage through self-funding in the event of a complete and total loss of your home. In addition to the increased coverage, we recommend the following: Add personal property replacement cost loss settlement endorsement 4 https://mortgage.citimortgage.com Page 8 of 15
  • 9. o Under this endorsement, property will be covered on a replacement cost basis rather than an actual cash value basis Make sure you look over your HO-3 policy exclusions o Your coverage covers everything except those specifically excluded 1% deductible is sufficient o If you believe you can afford a higher deductible, your premium payments will decrease Add scheduled personal property endorsement o Currently, your policy only covers $1,500 worth of jewelry o This will allow the full $45,000 value of the diamonds to be covered Add an inflation guard endorsement o As your house increases in value with inflation, the increased value will be covered by this endorsement o Otherwise, over time your house will become underinsured Add a home business insurance coverage endorsement o Any essential assets used for the their businesses can be covered, including: equipment, files, paperwork, and loss of business income Disability-Income Insurance It is important to you and your family that you seriously consider investing in some Disability-Income Insurance. An injury on the job can cause serious financial insecurity, and it is important that you have a way to fund these substantial work earnings lost from being disabled. We recommend that the two of you purchase a Disability Insurance Plan. Disability Insurance pays benefits in monthly income to those who have become Totally Disabled. It is important to note that you should always consider and understand what your insurance company defines totally disabled as. The most basic definition of being totally disabled is the complete inability of the insured to perform each and every duty of his, or her, own occupation.5 As shown in the graph below, there is a much higher chance of becoming disabled before age 65 than most would assume. We strongly encourage that you purchase Disability Insurance to cover any losses incurred from missed work and to help insure financial security. Elimination Period o Disability Insurance policies usually contain an elimination period. This is a waiting period in which the owner of the policy does not receive benefits from the policy. Elimination periods can range from 30 days to 365 days. We recommend that you have an elimination period of 90 days. Though this may seem like a substantial amount of time it can significantly lower your premiums. The longer your elimination period is the less you have to pay in premiums. After examining 5 th Principles of Risk Management and Insurance; 11 addition; George E. Rejda, p. 325 Page 9 of 15
  • 10. your current financial position, we feel that 90 days is a sufficient elimination period. Benefit Period o The benefit period is the length of time that disability benefits are payable after the elimination period is met. Most Disability Insurance plans offer a benefit period of 2 years, 5years, 10 years, or up to age 65 or 70. 6 We recommend that your Disability Insurance policy have a benefit period that will cover you both up to the age of 65 or 70. This will cause the premium payments to be higher but the coverage is the most important thing to consider. You have a growing family and it is important to consider the costs and needs that will remain through age 65 to 70. Chances of Being Disabled before 65 40% 35% 30% 25% 20% 15% 10% 5% 0% 25 30 35 40 45 50 55 7 Age 6 th Principles of Risk Management and Insurance; 11 addition; George E. Rejda, p. 326 7 https://advantageagentsalliance.com/Documents/MetLife%20Omni%20Advantage.pdf Page 10 of 15
  • 11. Long-Term Care The chance than any one person will need long-term care during their lifetime is relatively high. The U.S. Department of Health and Human Services estimates that those who reach the age of 65 will have a 40% chance of entering a nursing home.8 It is important that you purchase long-term care insurance because of the dramatic increase in nursing home costs. The financial burden caused by those who need long-term care can be alleviated with long-term care insurance. The cost of long-term care can range between $70,000 and $100,000 annually.9 These facilities have significantly better resources and provide a better standard of living than those provided by Medicaid. We recommend the following for your long-term care insurance: Comprehensive Policy o Covers care in a nursing home, assisted living facilities, and hospice care Elimination Period o We recommend a 60 day elimination period o Longer elimination periods reduce premiums It more cost efficient to purchase long-term care insurance today, rather than purchasing it later in retirement where the costs can substantially increase. BUSINESS/FARM RECOMMENDATIONS Liability Insurance for the Family Farm A Commercial General Liability or CGL policy would also be beneficial to own for your farmland. Workers whom you employ can subject your farm to potential liability due to the risk of injuries. This risk poses a threat to the large value of the farm. The CGL policy can limit the risk of your farm to potential lawsuits by providing insurance protection to pay in the event of a major accident. Due to the farm’s value, we suggest you buy an additional Commercial Umbrella Policy to cover the value of the farm in excess of the CGL policy. This can supplement the retained limited covered by the CGL policy and provide additional coverage to prevent the full value of the farm from being subject to lawsuits. 8 Principles of Risk Management and Insurance; 11th addition; George E. Rejda, p. 321 9 Principles of Risk Management and Insurance; 11th addition; George E. Rejda, p. 321 Page 11 of 15
  • 12. Limited Liability Company Limited Liability Companies (LLCs) are easily formed by filing with the Secretary of State in the state in which you reside. LLCs are formed by the owners (or partners) of a company which are now “members” of the LLC. The members of the LLC are protected from lawsuits, therefore limiting their exposure to risks. The LLC shields members from liability by limiting the members’ liability to the investment in which each member has in the LLC. The shield provided by the LLC protects the personal assets of each member from being drawn into lawsuits brought against members.10 Charles’ fertilizer business can benefit greatly by forming an LLC to replace the current general partnership in which Charles and his two partners run the company. Looking over our previous discussion, we noted that Charles has a concern that the partners of the fertilizer company had not signed any type of financial agreement (currently they distribute profits evenly between the partners). In the by-laws of the newly formed LLC, the partners can set out an agreement as to the distribution of profits in the event that one or more partners contribute more to the business than the others. Additionally, the LLC can help prevent liabilities such as the one arising from the former employee lost two fingers in a fertilizer accident. o At the time of the accident, the fertilizer company’s assets were sufficient to compensate the employee for his lost digits. o However, had the company lacked resources to pay the employee, the partner’s personal assets could have been subject to a lawsuit. o Losses that could have been incurred upon your family were limitless – if the victim died for instance. o The loss of a large, income producing asset, such as the farm, could prove to be detrimental to your future earnings capacity. o However, the formation of an LLC for the fertilizer company will shield your current personal assets from liability of the company – ultimately reducing your risk dramatically. Buy-Sell Agreement (Fertilizer Company) Closely held private companies have a major problem arising when a partner dies. Unless an agreement is written, the death of one or more partners results in the partnership being dissolved. Dissolving the partnership will cause the partnership assets to be liquidated (sold) and distributed between the surviving partners and the heirs of the deceased partner. If the surviving partners 10 http://www.sos.state.tx.us/corp/businessstructure.shtml Page 12 of 15
  • 13. wish to continue the same line of business, they will be forced to fund the costs of recreating the partnership or reorganizing the partnership in some way. Additionally, the surviving partners, as well as the heirs of the deceased partner may have issues such as estate settlement costs, heirs becoming partners, and buying the heir’s share in the partnership.11 These issues may be solved through a buy-sell agreement established by the partners of the fertilizer partnership. The most efficient means of funding a buy-sell agreement are through the use of an insurance policy. The steps of a buy-sell agreement with the use of life insurance are as follows: First, the partnership enters into a buy-sell agreement. The agreement sets forth that the partnership will purchase the interest of which the deceased partner owns from the heirs at a predetermined price. The partner purchases a life insurance policy on each partner’s life. It pays the premiums, is the owner, and the beneficiary of each policy. When a partner dies, the partnership receives the death benefit (no income taxes). The partnership then purchases the deceased partner’s interest from the estate for the predetermined price. The heirs of the deceased partner receive the proceeds of the sale.12 This agreement, as applied to the fertilizer business, will provide Charles and his partners a means of preventing the business from dissolving at one death and provide the heirs with adequate payments for the deceased partner’s shares. (See Appendix D – Buy-Sell Agreement) Liability Insurance for Fertilizer Business The fertilizer business may also benefit from purchasing some form of commercial general liability (CGL) policy. CGL policies are used by businesses to cover potential exposures the business may have in the form of lawsuits. Charles’ fertilizer company has previously dealt with an employee which they had to compensate due to the loss of fingers on the job. The funds used to compensate this employee were paid for out of the partnership’s assets. In order to preserve these assets, purchasing a CGL policy can cover any future liabilities resulting from business related activities. In the event a claim is made against Charles’ fertilizer company again, the assets will not only be able to be preserved, but they can be retained to increase future earnings and expansion of the company. 11 http://vsa.fsonline.com/fso/library/txtech/1b1-05-S.pdf 12 http://vsa.fsonline.com/fso/library/txtech/1b1-05-S.pdf Page 13 of 15
  • 14. Farm – Generational Transfer In reviewing your desire to transfer the farm to Sarah over time, we have decided to recommend that you transfer her “working equity” in the farm in trust. Additionally, Sarah’s interest in the farm which she will gain in the event Charles or Kay dies should also be transferred to the trust. In doing so, the trust document should include a clause requiring Sarah to sign a prenuptial agreement with whomever she decides to marry. The prenuptial agreement should set forth that the farm is her separate property, and in the event of a divorce, it would not be subject to being divided with her husband. *** Please consult an attorney to draft legal documents such as trusts. Our recommendations are to help guide the attorney understand your goals and objectives when drafting your legal documents. These recommendations are not legal advice. Errors and Omissions Insurance We recommend that Kay purchase an Errors and Omissions (E&O) Insurance policy. Errors and Omissions Insurance is a type of professional liability policy. Many professionals need E&O insurance, including: Architects Insurance Agents Real Estate Agents Brokers Attorneys Engineers And many others who give advice to clients. Errors and Omissions Insurance is designed to meet the needs of each different profession and professional. There are many new liabilities appearing the today’s service related industries. It is important to not only purchase insurance that covers a business’s basic needs and risks, but to also hold insurance to cover any damages that are created through the service that a business is providing. Errors and Omissions Insurance protects businesses and professionals from such claims and liabilities.13It is generally paid on a claims-made basis. This is because the insurance covers errors made during the current policy period.14 It is important to note that while E&O Insurance has moderately few exclusions claims that result from dishonest, criminal, fraudulent, or malicious acts by the insured are specifically excluded.15 13 http://www.errorsandomissionsinsuranceco.com/ 14 Principles of Risk Management and Insurance; 11th addition; George E. Rejda, p. 611 15 Principles of Risk Management and Insurance; 11th addition; George E. Rejda, p. 611 Page 14 of 15
  • 15. CONCLUSION The detailed recommendations mentioned above were created after a thorough risk assessment. After examining your current risk coverage, we concluded that the current coverage was inadequate to you family’s needs. We separate your risk exposures into personal exposures and business/farm exposures. Along with the identification of each exposure we explained your specific needs in managing the risk and our recommendations on what we believe is the best risk management solution. The first issue we analyzed was your personal risk exposures. We determined that a greater need for life insurance is needed to fulfill expressed goals. Concerning Andrea, a special needs trust is needed to meet her future needs in the event of your deaths. Your auto, medical, and homeowners policies need alterations to limit risk exposures and broaden coverage. Additionally, we recommend purchasing the following insurance policies: personal umbrella policy, disability-income insurance, and long-term care insurance. Other areas of concern are increasing your emergency fund, updating your will, decreasing farm note payments, mortgage refinancing, and consulting an investment advisor concerning your asset allocations. The other issue analyzed was your business/farm risk exposures. First, we recommend that you purchase liability insurance for the family farm. We also recommended that Charles convert his fertilizer company to an LLC, create a buy-sell agreement with his partners, and purchase liability insurance on the company. Finally, we recommend Kay purchase Errors and Omissions insurance for her engineering occupation. In future meetings we may discuss the following areas of concern: 529 Plans for education funding o (See Appendix E – College Costs) Andrea’s college needs as she approaches college age Retirement Planning Updates on what recommendations you chose to follow Page 15 of 15