Playing it too safe

Put it this way, have you ever been to a circus? You have! Well, remember those people who made you laugh? Finance advisers can also do this. But they can also make you cry. Here’s a funny story—true as well.

We had a clown, visited us as they do for many years, charging us fees, etc. Also, fees that were not revealed to us, which we discovered later. Well, after 13 years of having him sponge off us, we realized he had F.C.ED us, big style. He said the investments were not taxable as they were a specific type of investment.

Well, we realized these were taxable when we questioned him, asking, "Why did you set these investments if they are taxable?" He ran away and left us with a tax bill of 13 years, plus interest.

People will say, "Why did you not make your own enquiries into what is taxable and what is not?" Well, the answer to that is because we were paying a professional.

Well, it cost us dearly, so make sure it doesn’t happen to you. Leave the clowns in the circus!

I feel like we may be getting shafted by our financial advisor and unsure what to do next.

Some background info: My brother and I inherited a $1 million that was put in a trust in 2018. Since my brother and I were young and dumb, my mom was appointed as the caretaker of the trust and she gave it to here trusted financial advisor to invest/manage until we wanted it transferred. He manages other family funds as well (529s), including her retirement. So we thought it was fine. This amount basically makes up all of our assets.

Cut to now, I’m in mid 20s, my brother is slightly younger, and it’s time to transfer and split the trust. We go to meet this financial advisor, and we were thinking, hey he probably didn’t preform as well as the market, but there should be some gains here. We both thought we were going to stay with him and maybe just tweak our portfolio. Then the meeting happened, and I feel like we’re getting f*cked. I’m not financially literate though, and so I would really appreciate others perspectives to see if I am being crazy.

Reasons why I think we may be getting reamed:

• Over 6 years our total gains on our $1 million principal is $100,000One of the main reasons it’s that low is because, for the last 6 years, the portfolio has consistently been 70 % CDs and 30 % no cost basis at & t stock my grandparents bought in the 80s.
• He has our money invested this way because he swears the market is going to crash. Yeah, he has been timing the market INCORRECTLY for 6 YEARS. I asked if he would do anything differently at this point and he said no b/c it’s going to crash this year. I asked him what would his investment strategy be if it doesn’t crash this year, and he said it will crash and did not give me a straightforward answer.
• When I asked him what commission he was getting off a portfolio like this, he tried to tell me none since it’s not a fund like ETFs(which he gets 1%). After some persistence he finally told me he gets commission from the bank for every CD he buys/sells. Idk if that’s normal so any insight here is great. My mom’s portfolio that he manages is diverse and is mainly stocks and index funds. She is about to retire, yet he puts her in a riskier portfolio than us. And for us, with longer outlooks, he puts all our funds in cds because he swears the market will crash. If he really thought the market will crash, why didn’t he push for my mom to reinvest more of her funds in cds as well? This really bothers me and maybe there is something I am missing here, as I know little about investing. So please let me know.
• He spent the whole meeting talking about how the market will crash, showing as data and graphs as proof. This data is all public info, and I understand where he could be drawing conclusions like this, but if you’re wrong for 6 years, you’re wrong for 6 years. He went on for 40 minutes before I had to push the conversation towards our actual portfolio. Idk why but this really rubbed me the wrong way.

There is maybe more, but this is what I have for now. I asked him to call me once the first cd is up so we can discuss what to do with it, and he called today. I honestly feel like I should just ask him to transfer the funds to me and I’ll put it in an index fund. But this puts us in a situation where every time a cd is up I’m slowly transferring. Idk what to do.

I understand I was an idiot for not taking agency in this situation earlier. But all I can do at this point is focus on the now. My brother is more financially illiterate than me and my mom gets defensive when I start asking questions. So, what do you make of this? Am I reading this wrong or is he screwing us? If he is screwing us, from a range of incompetent to malicious, how bad?

I'm a tax attorney, so I see a lot of other people's finances.

The ones I see that work with a financial advisor are, without exception, paying at least 1% of AUM in fees to be in higher-costs funds that underperform the index funds in the long run. To make matters worse, the financial advisors choose tax-inefficient funds and take their fees in the most tax-inefficient way possible. I have also found that many do not understand the nuances of self employed retirement plans or the backdoor Roth.

In my view, there are a few problems with the industry. First, most financial firms hire salespeople and then teach them finance, instead of hiring people who already know finance. I know a LOT of morons working in Edward Jones shops and the like, who are charming but ultimately don't understand the back end of the products they sell. My ex worked for two of the large regional banks in my area, and she had a degree in communications.

She knew (and knows) nothing about finance, but instead was hired because her family is wealthy and gets referral business from old neighbors and classmates. She couldn't even pass the Series 7, but the banks thought she could work in trust management. I talk to clients and financial advisors all the time who don't understand the difference in tax efficiency between mutual funds and ETFs, or the mechanics and reasons of a 1031 exchange, or what the tax incentives actually look like in various types of accounts, or the merits of a solo 401k vs a SEP IRA.

When you only have a hammer, everything starts to look like a nail. Second, the incentives are rarely aligned in the middle of the market or below. Helping a 24 year old set up and fund their Roth IRA is probably not worth your time on the front end unless you're getting an outsized commissions, which ultimately cost the client more money than needed for someone with a small account.