Monday, January 9, 2012

Estate Litigation Requires Competent, Trustworthy Lawyers

Dealing with windfalls, such as an inheritance, can be a time-consuming, albeit eventually rewarding experience, if one is willing to make the effort to investigate the details of an estate and seek out professional counsel to handle the intricate and sometimes thorny parts of the various statutes of estate law.

Laws covering estates generally fall under the laws of individual states or, in Canada, specific provinces, but all estate law is bound in principal by federal statues and subject to tax, though, like the federal income tax, there are wide swathes of exclusions, exemptions and deductions which allow rightful heirs to keep much of what is being passed on from a decedent.

The most arduous part of the process is called probate, wherein a court will examine the will, determine the heirs and the executor (if named in the will, otherwise one will be appointed by the court or chosen by the heirs), set up a tax account and begin the process of separating out assets and liabilities.

The two most important individuals involved in the handling of an estate are the executor and the estate lawyer, and it's of paramount importance that the executor locate and retain a qualified specialist, preferably in the geographical location of the deceased, because, generally, that's where most of the assets will be located.

It's not a difficult task to find qualified estate attorneys in one's particular city of town, thanks to the internet. For instance, somebody looking for a lawyer in Barrie, Ontario, would simply enter search terms on Bing or Google for estate lawyer barrie to return a list of qualified practitioners of estate litigation and then proceed to contact the best and/or most reputable.

Both the executor and the attorney are limited to the amount they can receive from handling an estate. Usually, the amount is a percentage of net assets, somewhere in the range of three to six percent. This generally-universal feature of estate law provides a safeguard to rightful heirs that an unscrupulous executor or attorney (yes, there are a few) cannot appropriate the best or most valuable assets of an estate, be they in the form of real estate, securities, goods or cash in bank accounts.

Dealing with the death of a loved one is an emotional issue for many, but keeping in close contact with the executor over the period of the "estate year" (generally the amount of time it takes to settle and discharge a will and estate) is a good idea for heirs who believe they are entitled to a share of the disbursement.

Friday, January 6, 2012

Stocks Finish First Week of 2012 in Mixed Fashion, Though Higher for Week

Yesterday, a commenter on a popular blog site made the bold statement that we may have already seen the highs for the year - meaning 2012, just three trading days into the new year.

While this prognosis has already been proven wrong vis-a-vis the NASDAQ, which was the only major US index to finish with a gain today, he may actually have a point.

Holiday sales figures continue to trickle in, and, as expected, the optimistic gains predicted by the National Federation of Retailers (talk about having an agenda!) have been somewhat diminished. The International Council of Shopping Centers reported that November-December sales were up just 3.3%, as opposed to last year's 3.8% gain and less than the NFR's rosy 4.5% prediction.

While companies such as Limited Brands, Macy's and Nordstrom showed solid gains over last year, their revenue figures may have exacted a serious toll on their profit margins and earnings. Target, Kohl's, Best Buy and J.C. Penney have already slashed their 4th quarter estimates, citing warmer-than-usual weather and a tough economy (duh!) as the main factors contributing to a slowdown in holiday sales.

Wal-Mart, the nation's largest retailer by number of stores and gross sales volume does not report figures on a month-by-month basis, but was expected to have had a good, though not stellar, holiday sales season.

Bloomingdale's and Macy's have already announced planned store closures as America's appetite for non-stop spending on non-essentials seems to have fallen victim to real economic pain.

Today's release of the BLS' December non-farm payroll data put credence to the idea that Thursday's ADP announcement of 325,000 net new private sector jobs in the month was - as usual - coming from a separate reality, as the Labor Department reported 200,000 (a nice round number) new American jobs in December.

However, a number of analysts - notably those from Morgan Stanley - contend that the BLS figures, which are supposedly seasonally-adjusted, may not, in fact, have been adequately adjusted, citing the huge gains in transportation, particularly in the subset of couriers and messengers (+42,000), and retail (+28,000). Also, the construction industry gains of 20,000 were due to mild weather across most of the country, so the real figure, which will be eventually revised lower, though probably not down to its actual level, is likely somewhere in the neighborhood of 120,000.

Wall Street certainly wasn't buying any of it, as Thursday was mostly flat after the ADP report and Friday was a loser overall. Traders - those few remaining in the worst trading market in years - seemed more concerned about the weakening Euro and the prospects of an EU breakup prompted by any of a number of characters, from Greece to Italy, Spain, Hungary or Portugal.

So, could 2012 be a real downer for stocks? It's probably too early to tell, though there are signs from europe that nothing is fixed, which is similar to what happened in the US in the aftermath of the 2008 financial crisis. The banks were bailed out and business went on for many, almost as usual. The core issues plaguing both the US and Europe are still government-related. Huge bureaucracies spend too much money they don't have, tax rates can't get any higher and unfunded liabilities - primarily pensions and health care - continue to contribute to a growing mountain of debt.

It is too soon to tell, for sure, but no catalyst for positive gains is present or on the horizon. Earnings reports will start to trickle in beginning Monday and will become a deluge by mid-month, and that will provide some direction. Corporate profits have been solid, but 4th quarter results will be a key element moving forward.

There's a sense that solid 4th quarter results have already been priced in and any misses or near-misses will be dealt with severely. The remainder of January and early February may be a period in which companies are punished even for just meeting expectations as investors may view this time as the end of a virtuous profit cycle.

And, of course, there's always Iran, and China, and the ongoing continental problems in the European Union. Any gains will be indeed climbing a wall of real worry.

The first week of 2012 was positive, but marginally so. The Dow Industrials sported a gain of just 142 points, the S&P 500 was up 20 points, the NASDAQ gained 69 points and the NYSE Composite added 80. Volume remained at disinterested levels.

Dow 12,359.92, -55.78 (0.45%)
NASDAQ 2,674.22, +4.36 (0.16%)
S&P 500 1,277.81, -3.25 (0.25%)
NYSE Composite 7,557.68, -42.29 (0.56%)
NASDAQ Volume 1,706,200,875
NYSE Volume 3,544,665,750
Combined NYSE & NASDAQ Advance - Decline: 2524-3040
Combined NYSE & NASDAQ New highs - New lows: 138-47
WTI crude oil: 101.56, -0.25
Gold: 1,616.80, -3.30
Silver: 28.68, -0.61

Thursday, January 5, 2012

Correlation Trades Correlating, Kind of; Jobs Data Up Next

Remember those correlation trades that were discussed at length yesterday and how they weren't exactly correlating?

Well, today, they worked a little better, though they are still skewed against their traditional trading bias.

The Euro was flattened today, hitting a new 12-month low against the US Dollar, and, for a while, that seemed to be working as US stocks were down heavily in morning trading, but, as soon as Europe's equity markets closed at 11:30 am ET, stocks began drifting upwards, and the momentum stocks on the NASDAQ actually finished with healthy gains while the S&P and Dow (which had been down as much as 134 points earlier) finished basically flat.

With the Euro hitting below 1.28 to the dollar, the Dollar Index responded with a one percent gain (80.949, +0.818), reaching a one-year high. That sent oil prices lower, as it should, despite the continuing wagging of tongues by both the Iranians and the leaders of the EU. While the EU's move to embargo all shipments of oil from Iran to Europe, is a bit of a dodgy move (Iran's exports to Europe only account for 20% of their oil exports), so too is Iran's statement that they can and will shut down the shipping lanes through the Strait of Hormuz.

It looks like the classic Mexican standoff, with the US pointing its guns directly at the Iranians. The Europeans will likely go through with their threatened sanctions, but the Iranians will probably not want to evoke the ire of the United States, because that would produce something along the lines of World War III, even though that may be what Iran wants and the rest of the (un)civilized world needs.

Europe's woes continue non-stop, with the ultimate Ponzi scheme of the banks buying sovereign debt, and the ECB financing the banks. It's the most disingenuous way of dealing with a solvency crisis - by adding layers and layers of liquidity - and it eventually will either spark runaway inflation, riots, government overthrow or the breakup of the European Union, and it's possible that all of the above could occur.

As for gold and silver, they were back in tandem, though with the higher dollar, they both should have been lower, instead of up, which they were, supposedly on global tensions and safe-haven status.

The other news of the day involved US employment figures from ADP, which reported a gain of 325,000 private sector jobs in the US, seasonally adjusted. The number was so large, and so far removed from official predictions (guesses), that traders generally ignored them, opting to wait for the equally-well-massaged non-farm payroll report from the BLS tomorrow.

That report, which will be issued at 8:30 am ET, should be a market mover, especially if it aligns well with the ADP number, but skeptics abound, and the estimates are for the US to have added somewhere between 120-175,000 new jobs, which would indicate exactly what? The BLS numbers are guestimates at best, but traders will likely take their cue from whatever blather comes from the Labor Department.

Stay tuned. It's going to get more bizarre as the year progresses.

Dow 12,415.70, -2.72 (0.02%)
NASDAQ 2,669.86, +21.50 (0.81%)
S&P 500 1,281.06, +3.76 (0.29%)
NYSE Composite 7,599.97, -12.18 (0.16%)
NASDAQ Volume 1,859,210,875
NYSE Volume 4,264,649,000
Combined NYSE & NASDAQ Advance - Decline: 3391-2193
Combined NYSE & NASDAQ New highs - New lows: 140-37
WTI crude oil: 101.81, -1.41
Gold: 1,620.10, +7.40
Silver: 29.30, +0.20

Wednesday, January 4, 2012

Correlation Trades Breaking Down: Decoupling, Distress or Distribution?; Kodak Prepares for Bankruptcy

There have been, for many months, certainties in global markets from which investors and speculators could readily rely upon and profit from. The most obvious of these is the straightforward relationship of the Euro and US stocks.

Whenever the Euro was positive against the US Dollar, stocks would post gains as well. Euro down, stocks down. A simple trade for those speculators adroit enough to move money quickly in and out of currencies and stocks. It also created a very nice hedge for monied investors with a keen sense for geo-politics and the movement of money.

Another of these correlation trades has been in effect for years, even decades. when the Dollar Index (^DXY) moved higher, the price of a barrel of oil would go lower, since oil and almost all other major commodities are priced in dollars. A stronger dollar would thus buy more oil, or wheat, or soybeans, for instance.

Today, however, these two stalwarts of the inner, holistic trade deviated from their seemingly-predetermined paths. The Euro was off sharply, but stocks finished with modest gains or were flat, nonetheless. And the Dollar Index was up nicely, (80.097 +0.434 0.54%), but oil marched higher despite the obvious overpricing and general lack of demand over the past two weeks.

The oil moves could be partially blamed on the Iranians and Europeans. Europe has set the parameters for a complete embargo of Iranian oil. For its part, Iran says it doesn't need to sell oil to europe as it has many other trading partners, China being the largest. The Iranians also say they can effectively shut down shipments of oil from other countries by blocking the Strait of Hormuz, disrupting the free flow of energy from the region to Western nations.

While that's all well and not-so-good, it still doesn't explain the dislocation of the Dollars-for-oil trade and is entirely based upon speculation.

As for the Euro and US stocks, it wasn't a large move away from the direct correlation, but notable. Then there's silver and gold, the two precious metals that should always move in tandem, as they have for maybe thousands of years. Gold was up, silver down on the day, making silver, already a cheap cousin, even cheaper and wildly undervalued compared to gold, where the standard gold-silver ratio has traditionally been somewhere between 12:1 and 16:1, now stands at a stunning 55:1. It has been higher over recent years as gold shot up much faster than silver, but, if global tensions are accelerating, both metals should become good bets short term, though it stands to reason that silver would appreciate at a much faster rate, as it did in the first four months of 2011.

All of that implies that both the gold and silver (and not to mention stocks, commodities and currencies) markets aren't rigged, a condition that reams of evidence over many years say is so.

OK, then what's up with these markets if correlation trades, usually among the most reliable and steady, continue to break down? Is it decoupling for Europe, global distress or some technical distribution which the markets haven't anticipated from a zero interest rate policy and massive money printing (in shady but effective forms) by central banks around the globe? If oil goes up as the Dollar Index improves, so will stocks, and the precious metals will do whatever the manipulators deem necessary. It's not yet a trend, but bears watching, because decoupling often is a harbinger of even more fractured conditions in markets, which would make perfect sense in this mad world.

Something else bearing watching is the anticipated disappearance of the Kodak moment. The film maker has been on the ropes for years as the company failed to develop a strategy shifting from film cameras to digital photography, and the stock has suffered badly, losing almost all value over the past decade. A Wall Street Journal report today that the company was preparing to file a chapter 11 bankruptcy either this month or by early February should they not find buyers for their digital patents - valued, dubiously, at over $1 billion - sent shares plummeting.

Shares of Eastman Kodak (EK) finished the day down 0.18, to 0.47, a 28% decline. The company has also received a delisting notice from the NYSE, as the price of the stock has traded below $1 for more than a month, in violation of exchange rules.

That the company would eventually commit corporate hari-kari should come as no surprise. The stock traded as high as the low 80s in the late 1990s, and dropped permanently below 60 when the dotcom boom went bust in 2000-2001. Since then, the losses have mounted and the share price decline has been precipitous. This is a dead company without a product or strategy, which has wiped out its dividend, shareholders, and soon, pensioners, sure to be shuffled off to the Pension Benefit Guaranty Corporation, another backhanded bailout by the US taxpayer.

Dow 12,418.42, +21.04 (0.17%)
NASDAQ 2,648.36, -0.36 (0.01%)
S&P 500 1,277.30, +0.24 (0.02%)
NYSE Composite 7,612.15, -12.17 (0.16%)
NASDAQ Volume 1,654,986,250
NYSE Volume 3,553,585,250
Combined NYSE & NASDAQ Advance - Decline: 2475-3130
Combined NYSE & NASDAQ New highs - New lows: 102-34
WTI crude oil: 103.22, +0.26
Gold: 1,612.70, +12.20
Silver: 29.10, -0.48

Tuesday, January 3, 2012

New Year, Same Dull Market Rally

How an a rally be dull?

When it's a staged annual event designed only to enhance confidence in the markets, lasts only one day and the bulk of the gains occur in the first fifteen minutes of trading, that qualifies as dull and that's what we had today.

Last year, stocks showed the same kind of activity on the first trading day of the new year. Did it help? Maybe, for the first four months, but markets topped out in late April and ended the year nearly flat and about 5-7% below the 2011 highs.

Today's opening bell ramp job also featured low volume, now a trademark of a market where individual investors are uncomfortable and have been pulling out money since the 2008 collapse, but especially since the flash crash of 2010.

The reasons for today's jump at the open were rather obvious. europe didn't implode over the holidays and the Euro was up against the US Dollar. That's all the traders and fund and portfolio managers needed to know to give the thumbs up for a "risk on" session as has been the pattern for the past 18-24 months.

Tomorrow or next week or next month, there will be more volatility from a failing Euro, a political flap or shoddy earnings reports and this rally will be forgotten, as all others have been. It's just the "new normal" of a market dominated by a few, well-heeled, major players.

Just as last week was dull for the absence of volume and price swings, this week promises a new kind of dullness, as stocks rally for no good reasons other than everybody wants to feel good about stocks.

Besides, the real money today was made in oil futures - up 4.18% thanks to Iran's sabre-rattling - and silver - up 5.94%.

Dow 12,397.38, +179.82 (1.47%)
NASDAQ 2,648.72, +43.57 (1.67%)
S&P 500 1,277.06, +19.46 (1.55%)
NYSE Composite 7,624.33, +147.30 (1.97%)
NASDAQ Volume 1,656,354,375
NYSE Volume 3,901,734,250
Combined NYSE & NASDAQ Advance - Decline: 4326-1409
Combined NYSE & NASDAQ New highs - New lows: 277-35
WTI crude oil: 102.96, +4.13
Gold: 1,600.50, +33.70
Silver: 29.57, +1.66