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.
Monday, January 9, 2012
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
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
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
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