revocable living trusts, life insurance & annuities “financial exploitation” ? donald akers,...
TRANSCRIPT
FINANCIAL EXPLOITATION OF THE ELDERLY
REVOCABLE LIVING TRUSTS,LIFE INSURANCE &
ANNUITIES“Financial Exploitation” ?
Donald Akers, Jr.Assistant District Attorney
16th Judicial District of Louisiana
WORLD ELDER ABUSE AWARENESS DAY 2012June 11, Slidell, LA June 13, Acadiana
‘the 4 most essential documents that Suze believes everyone must have:’
Will
Advanced directive and durable power of attorney for healthcare
Financial power of attorney
Revocable living trust
www.suzeorman.com/igsbase/igstemplate.cfm?SRC=MD012&SRCN=aoedetails&GnavID=84&SnavID=30&TnavID=&AreasofExpertiseID=113
THE LOUISIANA TRUST CODELa. R.S. 9:1721 et seq
The trust is the owner of the property transferred to the trust and is managed by a trustee for the benefit of a beneficiary
Trusts can be created during life (living trust) or in a will (testamentary trust)
Trusts can be “revocable” or “irrevocable”
Trusts are used for many legitimate & lawful purposes
MARKETING TO THE ELDERLY
THE “FREE” LUNCH SEMINAR
Lure Leisurely Senior Citizens who have Time & Assetssuch as Retirement Funds & Real Estate
Provide for Higher returns in low return conventional markets (increased risks!)
“Free” evaluation of your portfolio, accounts & insurance
“Trust Mills” selling living trusts
But It Must Be Legitimate !
THE LOCATION & THE SPONSOR “EFFECT”
Assisted Living Complexes
AARP and Senior Group Meetings
Nursing Homes
Retirement Communities
Churches
University Leisure Classes
Trusts: A Method of Financial Exploitation in
Louisiana?Revocable Living Trusts: FACT or MYTH
Saves Inheritance & other Taxes
Avoids Probate
Costs & Attorney Fees are less than Wills /Probate
Prevents Freezing of Assets on Death
Protects All Assets
Cannot be Contested
Avoids Public Records Disclosure
Avoids Louisiana Forced Heirship Law…
LIFE INSURANCE & ANNUITIES …A New Trend in Financial Exploitation?
Independent Insurance AGENT SENTENCED TO 90 DAYS IN JAIL FOR FELONY THEFT conviction, sold complex “indexed” annuity to an 83 year old woman alleged to have shown signs of dementia…
Case Prosecuted under California Elder Protection statute.
Agent alleged the woman “appeared fine and wasn’t confused at the time of the transaction” and that he acted appropriately.
One agent said “There is nothing in insurance –licensing that prepares you as a nonmedical person to diagnose dementia.”
The company returned principal with interest and no penalties
An Alert Banker Reported It ! Bank Manager notified adult protection agency when customer appeared
confused and influenced by her boyfriend to withdraw $175,000 to purchase the annuity
AND IN THE ACADIANA AREA …
An area financial services company received an alert and caution from their corporate headquarters about the conviction reported in the Wall Street Journal
A financial consultant was contacted by his former customer an 83 year old man whose 81 year old wife suffered from Alzheimer's disease. The gentleman had unexpectedly closed his accounts of more than 20 years, withdrawing about $500,000 dollars.
Anatomy of a Life Insurance & Annuity Sales Transaction
• 83 year old elderly man (with an 81 year old wife with Alzheimer’s Disease) reports he started receiving calls from a non-local insurance sales agent many months before he was visited at home
• He reports the agent claimed his company’s interest rates were higher than his financial services company investment in short term bonds with a 2.5%-3% annual return
• He reports that the agent had him close his financial services account and sold him the following:
$ 100,000 Life Insurance (whole life) - 14 year surrender
$ 315,000 Index Linked S&P 500 Annuity - 16 year surrender
$ 160,000 Variable Universal Life Insurance
Total: $575,000
• He reports that he contacted his former financial advisor asking for help because he didn’t understand what he bought and needed $10,000 to pay taxes due to transactions and has no liquidity.
• He reports he was referred to elderly protective services and was advised to file a complaint with Louisiana Department of Insurance.
• He reports he receives a call and visit from the insurance broker who had received the complaint and was advised that if he dropped the complaint, he could receive funds sufficient to cover taxes due from cashing out bonds.
• He reports that he signs documents provided to him by the insurance agent dropping the complaint (reports he learned the document dropped all and not just one with cash available).
• He reports he paid his taxes, has no further liquidity and continues to look for help
ISSUESA “Crime” or A “Civil Matter”
Legal/Compliance Department says: “don’t participate”!
Why is this happening?
• Indexed annuities are attractive to agents because of high commissions, often 12% or more of the invested amount.
• Historically low interest rates and a volatile stock market draw buyers, especially fixed income investors.
FILE COMPLAINTS Louisiana Department of Insurance
Investigates your complaints against companies, agents, or adjusters
http://www.ldi.state.la.us/ConsumerComplaintForm/Complaints/Welcome.aspx
Web Site: http://www.ldi.state.la.us/
Phone: (800) 259-5300 -or- (225) 342-5900
Fax: (225) 342-3078
WHAT IS BEING DONE ?
• Class Action Lawsuits by Victims in many states are being brought for this ripe area of Consumer Fraud
• State Elderly Protective Agencies are focusing on these issues
• State Bar Associations are taking action
WHAT CAN YOU DO ?
• Take Time to Decide, Is it Too Good To Be True?
• Consult with YOUR attorney, accountant, banker or financial Advisor BEFORE YOU BUY A PRODUCT
• If you need a Trust or other Estate Planning, seek the advice of a reputable, licensed professional who deals directly with you
ADDITIONAL RESOURCES
LOUISIANA OFFICE OF FINANCIAL INSTITUTIONShttp://www.ofi.state.la.us/
Investment Adviser Public Disclosure Checkprofessional background and conduct, current registrations ,
employment history, and disciplinary events
8660 United Plaza Blvd.Second Floor
Baton Rouge, LA 70809-7024
Mailing Address:Post Office Box 94095
Baton Rouge, LA 70804-9095
Main Phone: (225) 925-4660Fax: (225) 925-4548
Contact Information
• Donald D. Akers, Jr.Assistant District Attorney, Elderly Protective Services16th Judicial District of Louisiana300 Iberia Street, Courthouse Suite 200New Iberia, LA 70560-4583Phone: 337-369-4420Direct Ph: 337-365-3886Direct Fax: 337-365-3886
• Additional Ph: 337-367-8451
Alternate Fax: 337-365-7034email: [email protected]
• Website: www.16jda.com