Ideas. Lessons Learned, and Occasionally, Opinions
A salesperson called me a few days ago. He was so convinced of the value of his product that after our initial pleasantries, he praised its attributes for several minutes. I asked one question and he talked on for several more minutes. His mistake was that he didn’t stop talking long enough to find out why I might need his product or how it could best serve me. He lost the deal because he knew how to talk about what he was selling but he didn’t know how to listen to me.
How does this relate to serving clients experiencing loss or transition? Like the worst salespeople, the least supportive advisors are those that don’t know how to ask good questions and listen.
There is often a chorus of objections at this point. Usually they sound like these:
Sound familiar? Let’s look closer.
First of all, consider the flip side. What are the consequences of refusing to ask questions? If you carefully avoid the topic and do not bring your client’s grief into the room, there is a big white elephant sitting on the table between you. You both know it’s there but you are trying to ignore it, look over it, slide it to the side, or otherwise pretend it’s not there. It adds a level of tension as you participate in the game of mutual deception.
This feels very familiar to grieving clients, because they encounter it everywhere. Most people, from family to casual acquaintances, don’t know what to say so they say nothing at all. They talk about anything and everything except the person who died. They try to cheer grievers up, hoping to make them feel better. The bereaved people, not wanting to make others uncomfortable, go along with it, but it feels inauthentic and they walk away alone, isolated, and unsupported. Is that how you want your clients to leave your office?
The minute you acknowledge the truth, the big white elephant disappears. For instance, you can ask something simple such as: “What do you wish people knew about what it’s like for you now, a month after Paul died?” or “What has surprised you about the experience of going through Paul’s death?” When you ask an invitational, open-ended question like these, the big white elephant disappears and the tension evaporates. They know you care enough to ask, whether or not they choose to accept your invitation and talk about it. They know you aren’t avoiding the topic or hiding behind your spreadsheets.
Additionally, if they do choose to tell the story and you listen with care, you offer them support they aren’t getting from others. You genuinely help and comfort them, and at the same time you distinguish yourself in the field. You build a level of trust and loyalty you can’t get anywhere else. It’s good for your clients, and it just happens to also be good for business.
The bottom line: You have a lot to lose if you don’t ask; you have nothing to lose if you do.
When your client dies, who owns the pictures on their Facebook page? Who has control of their electronic bill-payment sites or Bitcoin account? Who is responsible for shutting down or memorializing social media sites? Digital rights ownership is an increasingly complex issue as our online lives continue to expand. Are your clients prepared to safeguard these assets after they die?
If your client does nothing in advance, disposition of digital assets goes according to the TOS (terms of service) of each individual site, which vary widely. In fact, many survivors have been shocked by sites that do not allow transfer of ownership or access upon death, or that complicate the settlement of the estate. Rules have been more flexible for minors in states that allow parents or guardians to manage deceased children’s accounts. Yet some families have had to get court orders to obtain rights to their loved one’s digital accounts, a process that can take months or years.
The Fiduciary Access to Digital Assets Act
Several states began to take action by passing a Fiduciary Access to Digital Assets Act. This gave the executor access to all digital accounts and allowed digital assets to pass according to the decedent’s will. However, it ran into legal trouble based on privacy. Some people, for instance, did not want their executor to see highly personal information such as their history of emails and texts, and lawsuits ensued.
The acts were gradually amended to resolve these issues until finally, in 2017, states began passing the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA). (http://www.uniformlaws.org/Act.aspx?title=Fiduciary%20Access%20to%20Digital%20Assets%20Act,%20Revised%20(2015). Forty states have now made it law, and it’s pending in five more plus Washington D.C. It will soon be nationwide. What does this mean for financial advisors and estate planners? Digital property now needs to be part of the estate planning process, and you need to help your clients prepare now for their digital afterlife.
Access to Digital Assets
RUFADAA allows the executor or another fiduciary appointed in the will to have access to any electronic or digital sites “necessary” to settle the estate. The necessary sites are largely those involving finances or financial assets, including shopping accounts, automatic bill-paying, online banking, etc. That very narrow provision protects privacy, as it does not allow the executor to access texts, emails, and more private information.
Yet RUFADAA allows for further permissions if the decedent clearly states so in the will. These permissions can cover desires such as whether a Facebook page is closed or maintained as a memorial page, whether a blog is deleted or archived and kept, and all your client’s other desires for digital sites.
Sites that fall under RUFADAA are required to give access to the named fiduciary or executor, but that process can take time and involves proving to the site that the client died. If usernames and passwords are accessible immediately, airline miles can be transferred, sites can be closed, and other desired actions can happen with less complication. It is important to note, though, that clients should never include usernames and passwords in the will, as it becomes a public document upon death.
Your Two-Step Process
There are two crucial steps to take with your clients:
1. Ensure the will includes your client’s intent for the executor or another named fiduciary to have access to digital accounts, how broad those permissions are, and your client’s wishes for disposition. Example: Can the named person see all the tweets, emails, and private personal information, or does access only extend to closing such accounts? What are your client’s desires for each site or each category of sites?
2. Ensure that your client completes another document giving more specific instructions (i.e. to whom they wish to transfer their airline miles and hotel points), and including usernames and passwords. This document should be signed, dated, and preferably notarized, and kept with the will so instructions are accessible to the executor.
To facilitate this, recommend that clients use one of the available services (i.e. LassPass.com) that generate secure passwords for every site and store the entire array of information necessary for access. The document then only needs to include the master password to that service, plus instructions for any two-factor authentication, so the named fiduciary can easily open the entire vault of usernames and passwords. Since the password storage service is dynamic, it also allows clients to maintain security by changing passwords regularly, without having to re-do the document.
Instead of allowing individual sites to determine disposition, take these steps to keep your clients in control and remove at least some post-death headaches. They will never forget it!
When Clients Want More Than Your Financial Expertise
In this day and age, financial expertise alone is insufficient to gain and retain clients. Clients expect more. They want you to understand their personal experience, and be equipped to walk them through whatever life throws at them.
Truth is, for most advisors it’s unchartered territory when tragedy, illness, death or difficult times touch a client. There are countless advisors who have the requisite financial expertise but there are far fewer who know how to implement it with the sensitivity required to meet the emotional needs of grieving clients.
Learn Tips to Wisely and Effectively Support Grieving Clients
… and this is exactly why we started our complimentary podcast series, Clients for Life. Each of these 10-minute interview podcasts features an advisor who has completed the Corgenius Master Class on guiding clients through difficult transitions. They describe the skills and best practices they are now implementing in their own firms, both large and small, that are having the most impact on client satisfaction, loyalty, and referrals. Things like
Please take a few minutes from your busy day to listen to these interviews. Share it with a colleague. You’ll pick up a new ideas on how to more confidently support clients through difficult transitions. It benefits your clients and your business.
In the past, the holiday season was a time of warmth, surprises, celebration, and hugs. Yet for grieving people, these days are cold and bleak. Hearing holiday songs, reading the ads, and walking into festively decorated stores only serves to rub the scab raw and thrusts the cold spear deeper into broken hearts.
The worst thing you can do is ignore your recently bereaved clients in this painful time. The second worst thing is sending them the same “Happy Holidays” card that you send to everyone else. Do something a little extra for a grieving client that acknowledges the loss. Send a card wishing Peace instead of Happiness. Consider sending a small gift with a card that reads: “Nothing could make up for Jim’s absence this season. Still, I hope you can enjoy this small gift from someone who cares. We are thinking of you, especially at this time of year.” Or “A single rose in memory of Karen. Her love for you and for so many people lives on in our hearts forever.” Or “It may feel out of place as everyone raises a glass in celebration this holiday season. We hope that in your own way, you can use this little bottle of Nate’s favorite wine to toast the memories of past holidays with him and the love that you carry with you through all the holidays yet to come. We’re raising a glass in his honor with you.”
If you really want to make a long-term impression, consider organizing an event early in December for clients whose loved one has died. You can segment if you’d like, i.e. by inviting your widowed clients. Host them for a breakfast or brunch, and do it up right. Have a nice meal, an attractive centerpiece, and attentive staff, so they feel pampered. When all are seated, welcome the group, saying you know the holidays can be difficult for grieving people and you wanted to give them something fun to anticipate along with the pain the coming weeks are sure to bring.
Print a list of questions for discussion and have them placed at each table to break the ice and get them sharing with each other. Introduce it by saying that everyone grieves in their own way, so what one person finds helpful may not be helpful to someone else. However, most grieving people do find some comfort in sharing experiences. Invite them to pick one card at a time and go around the table with answers, accepting whatever someone else has to say.
Examples for the questions: Tell one thing you loved about the person who died, and one thing that drove you crazy. Tell one well-meaning thing that someone said to you after the death that was unintentionally hurtful to you. Tell one thing you wish people would do or not do around you this holiday season.
After the meal, thank everyone for coming and tell them you plan to make this an annual event so they can return the next year. Perhaps have a drawing for the centerpieces at each table. Tell them you will call after the holidays to see what they liked best and if they have any suggestions for how you could improve the event next year. Then, of course, do call and take their feedback seriously.
These suggestions bracket the range of possibilities. The important thing is to be there for your clients in ways that most other people aren’t. When you demonstrate that you understand their grief and you care about more than just the money, you gain a client for life. And when their friends and associates experience a death in the family, what will your clients tell them about their uncommonly wise and compassionate advisor?
It’s almost time to send out holiday greetings to your clients. Yet what if your client’s family member died this year? If you send them a card wishing "Happy Holidays", then at best you tell them you treat your clients generically, sending the same card regardless. At worst, it lets them know you don’t understand at all and, like the rest of society, expect them to paste on a smiley-face and “be happy for the sake of the season”. In either case, the card heads straight to the trash, never to be remembered.
It is never a good idea to wish “Happy Holidays” to people going through the toughest time of their lives. Instead, you can offer authenticity and genuine comfort, distinguishing yourself from everyone else and helping your client at the same time. The first step is to choose a card that does not say Happy Hanukkah, Merry Christmas, Happy Holidays, etc. Choose one that either has no words or that wishes peace or hope. Then include a hand-written note inside and consider including a gift card for a cup of coffee, a movie, a massage, or something else comforting.
Here are some possibilities:
When a client or colleague receives serious diagnosis or needs to undergo surgery, chemotherapy, or other treatments, people often rally around with support. They offer to bring food, provide rides to doctor’s appointments, watch the kids, etc. While grateful for all the offers, most people are still overwhelmed by trying to keep their network informed of medical progress, juggling responsibilities at work, and coordinating the needed help, all in the midst of the intense emotional and physical drain of the situation.
You can help alleviate that stress. There are several ways you can provide support that is different than what most people do. For example,
Spare your client or colleague the legwork by providing resources like these. Depending on your relationship, you may even wish to participate in offering practical help to the family. Regardless, let them know you care by providing concrete assistance at a tough time
For many in our society, closure means leaving grief behind, a milestone they usually expect within a matter of weeks or months. Closure means being “normal”, getting back to your old self, no longer crying or being affected by the death. It means “moving on with life” and leaving the past behind, even to the extent of forgetting it or ignoring it. Yet for those who have experienced death, this kind of closure is not only impossible but indeed undesirable.
Closure, if one even chooses to use the term, is more of a process than a defined moment. The initial part of closure is accepting the reality. At first, survivors keep hoping or wishing that it weren’t true. They expect their loved one to walk through the door. They wait for someone to tell them it was all a huge mistake. They just can’t accept that this person has died, that they will never physically see their loved one again or hear the voice, feel the hug, or get that valued input on a tough decision. Usually it takes weeks or even months for the reality to finally sink in. In time, they come to know, in both their heads and their hearts, that their loved one has died and is not coming back. They still don’t like it, but they accept it as true.
As your clients accept this reality, they can more actively make forward-looking choices that help them heal. They slowly begin to envision a life different from what they had planned before, a life in which they no longer expect their loved one to be there. They still feel the pain and loss, but except for short periods of time, they are not crippled by it.
For most of your clients, especially if it was a significant person who died, this healing phase is long and slow, and it involves a lot of back-and-forthing. They may alternate between tears and joy, fears and confidence, despair and hope. Sometimes they feel like they are taking three steps forward and two steps back.
It is important to give clients permission for whatever they are experiencing. Everyone else is telling them to put it behind them and get on with life. Set yourself apart by encouraging them to tell the stories and build memories that they will never “put behind them”. Reassure them that healing does not mean forgetting; it means taking the life, love, and lessons into the future with them.
Eventually your clients are able to let go of what can no longer be. Yet at the same time they realize they are taking the past, with all its pain and pleasure, into a new tomorrow. They become different and hopefully better, more compassionate, more appreciative, more tolerant people. They fully embrace life again, connecting, laughing, and loving with a full heart.
Still, there is no point of “final closure.” There is no point at which your clients can say, “Ah, now I have finally completed my grief.” Or “Yes, now I have healed.” There is no point at which they stop missing their loved one or wondering what life would be like if they were still alive. There is no point at which they will never cry again, although as time goes on the tears are bittersweet and less common. Because we never forget, we carry our loved ones with us forever.
“Closure”? No, or at least not in the way people usually use that term. Acceptance – yes. Peace – yes. A future enriched with love, joy, and hope – absolutely. But putting a period behind the final sentence, closing the door and locking it behind you? No, life and love are much too complex for that. This part of your client’s story does not end; instead it awaits the next chapter, which will undoubtedly build on all that came before.
Stand with your clients as they grieve. Let them know they do not have to forget or leave the past behind. Encourage them to create memories out of what can no longer be, and to live their lives as fully as possible enriched by those memories. Offer them the patience and understanding that few other advisors do. You will reap rewards both personally and professionally.