Category Archives: elder law

A Fiduciary’s Guide to Annuities- “Why Go There?”

James W. Watkins, III, J.D., CFP EmeritusTM, AWMA® A [fiduciary] is held to something stricter than the morals of the market place.  Not honesty alone, but the punctilio of an honor the most sensitive, is the standard of behavior….1 Consistent … Continue reading

Posted in 401k, 401k compliance, 401k investments, 401k litigation, 401k plan design, 401k plans, 401k risk management, 404c compliance, Annuities, compliance, cost consciousness, cost efficient, cost-efficiency, defined contribution, elder law, elderly investment fraud, fiduciary, fiduciary compliance, fiduciary duty, fiduciary law, fiduciary liability, fiduciary liability, Fiduciary prudence, fiduciary prudence, fiduciary responsibility, fiduciary risk management, pension plans, plan advisers, plan sponsors, prudence, retirement planning, retirement plans, wealth management | Tagged , , , , , , , , , | Leave a comment

May It Please the Court: Justice Denied As Courts Miss the Forest for the Trees in ERISA Actions

Price is what you pay, value is what you receive. – Warren Buffett As any trial attorney will tell you, there are times when you wonder if a judge just does not understand a case or if you are just getting … Continue reading

Posted in 401k, 401k compliance, 401k investments, 403b, 404c, 404c compliance, closet index funds, compliance, cost consciousness, DOL fiduciary rule, DOL fiduciary standard, elder law, elderly investment fraud, ERISA, evidence based investing, fiduciary compliance, fiduciary law, Fiduciary prudence, fiduciary standard, financial planning, investment advisers, investments, IRA, IRAs, pension plans, prudence, retirement plans, RIA, RIA Compliance, securities compliance, wealth management, wealth preservation | Tagged , , , , , , , , , , , , , , , , , , , | Leave a comment

Emerging Asset Allocation “Trap?”

As both a securities/ERISA attorney and a CFP® professional, I realize that I often see things from a different perspective that other in those professions. Some would say that is an advantage, others say it’s a disadvantage. I have definitely … Continue reading

Posted in 401k compliance, 404c compliance, compliance, DOL fiduciary standard, elder law, elderly investment fraud, fiduciary compliance, fiduciary law, fiduciary standard, financial planning, investment advisers, investments, IRAs, pension plans, RIA Compliance, securities, special needs advice, wealth management, wealth preservation | Tagged , , , , , , , , , , , , , , , , , , , , | Leave a comment

Special Needs Trusts and Your Value-Added Proposition

Excellent discussion and analysis on a subject that is gaining increasing attention by both financial planners, financial advisers and attorneys, as the need for such services continues to grow as people realize the significant benefits, and protection, that experienced professionals … Continue reading

Posted in elder law, elderly investment fraud, financial planning, investment advisers, special needs advice, special needs planning, trust realtionships, wealth management, wealth preservation | Tagged , , , , , , , , , | Leave a comment