INSIGHTS

July 2026

IN THIS ISSUE


INHERITANCE FIGHT



WHAT IS A "CORPORATE FIDUCIARY"?


CONTROL FROM THE GRAVE


ARTICLES OF INTEREST


Asset Allocation: The One Investment Decision That Matters Most


Periods of uncertainty often tempt investors to focus on the wrong question.


Should I own more stocks? Less stocks? More bonds? International equities? Alternative investments? Cash?


While these questions are important, they often distract from a more fundamental issue: how a portfolio is allocated across asset classes. Numerous academic studies have concluded that asset allocation--not security selection--is the primary determinant of a portfolio's long-term risk and return characteristics.


That reality becomes especially important during uncertain economic conditions.


Today, investors face no shortage of concerns. Inflation remains a factor. Interest rates continue to influence both equity and fixed-income markets. Geopolitical tensions create periodic volatility. Questions surrounding economic growth, government spending, and corporate earnings seem to dominate financial headlines.


Yet uncertainty is not an exception to investing--it is the norm.


The challenge for investors is not predicting the future. It is building a portfolio that can withstand multiple possible futures.


This is where asset allocation plays a critical role.


Asset allocation is the process of dividing a portfolio among different asset classes, such as equities, fixed income, cash equivalents, and, where appropriate, alternative investments. The objective is not simply diversification for diversification's sake. Rather, it is thoughtful management of risk.


Different asset classes respond differently to changing economic conditions. Equities generally perform best during periods of economic expansion and earnings growth. High-quality bonds often provide stability during periods of market stress. Cash reserves offer liquidity and flexibility. Alternative investments may provide additional diversification when traditional asset classes move in tandem.


No asset class consistently outperforms every year. Investors who attempt to identify next year's winner often find themselves chasing performance rather than following a disciplined strategy.


History provides countless examples. During the technology boom of the late 1990s, many investors abandoned diversification in pursuit of extraordinary equity returns. The subsequent market correction served as a painful reminder that concentration increases risk. Similar lessons emerged during the financial crisis of 2008 and, more recently, during the rapid market swings experienced during and after the pandemic.


One of the greatest benefits of asset allocation is that it recognizes the limits of forecasting. Even the most accomplished economists, strategists, and portfolio managers frequently disagree about the future direction of markets. A properly allocated portfolio acknowledges this uncertainty rather than attempting to eliminate it.


Asset allocation also helps investors manage one of the most significant threats to long-term success: emotion.


Behavioral finance has repeatedly demonstrated that investors are often their own worst enemies. Fear can lead to selling during market declines. Optimism can lead to excessive risk-taking during market advances. A disciplined asset allocation framework creates guardrails that help investors avoid making decisions based solely on current headlines or market sentiment.


Equally important is the concept of rebalancing. Over time, market movements naturally alter a portfolio's intended allocation. Strong equity performance may increase stock exposure beyond acceptable levels, while market declines may create opportunities to add risk at more attractive valuations. Regular rebalancing enforces discipline by systematically trimming appreciated assets and adding to underweighted positions.


Of course, there is no universally correct asset allocation. A retiree seeking dependable income has different objectives than an entrepreneur focused on long-term capital appreciation. Factors such as investment horizon, liquidity needs, tax considerations, and risk tolerance must all be considered when designing a portfolio.


In our experience, successful investors rarely achieve their goals by accurately predicting every market cycle. Instead, they establish a sound asset allocation strategy, remain disciplined during periods of volatility, and make thoughtful adjustments as circumstances evolve.


At Garden State Trust Company, we view asset allocation as the foundation of prudent portfolio management. While no investment strategy can eliminate risk or guarantee results, a carefully constructed allocation can help investors navigate uncertainty, manage volatility, and remain focused on their long-term objectives regardless of what the next headline may bring.

MONTHLY QUESTION & ANSWER

Q. What does it mean that the annual gift tax exemption is indexed to inflation and what is the exemption for 2026?


A. The annual gift tax exclusion is adjusted periodically for inflation. This means the amount you can give to another person each year without using any of your lifetime gift and estate tax exemption may increase over time as the cost of living rises. For example, if inflation increases, the IRS may raise the annual exclusion amount to help preserve its real value. The annual exclusion from the federal gift tax is $19,000 for 2026. This amount can be given to any number of individuals without tax implications.

HAVE A QUESTION ON TRUSTS, WILLS, OR INVESTMENT MANAGEMENT?

For general informational purposes only. This information does not constitute legal advice.

A fiduciary duty is the highest duty of care recognized by the law, particularly the duty of loyalty which emphasizes putting the client's interests above one's own interests. In our Informational Article, What is a "Corporate Fiduciary"?, learn what it means for us to act as a corporate fiduciary. 


In another one of this month's Informational Articles, Inheritance Fight, read what happened when two children who were specifically disinherited in their father's will attempted to have his will invalidated by the probate court.  


Allow me with a heavy heart to acknowledge the recent and sudden passing of our long-time receptionist and administrative assistant, Gale Conti. Every one of us that worked with Gale loved her. Many of our clients spoke with Gale quite often. She was a very special person who certainly will be missed.

Inheritance Fight

Larry Holderman executed his last will and testament on August 20, 1999. He named his parents, Franklin and Clara, as his sole beneficiaries. The will specifically disinherited Larry's two children, Bly and Pearl. No reason for the disinheritance was given. The will did not have a residuary clause, it did not contemplate the possibility that Larry's parents might die before him.


They did. Franklin died in 2002, Clara died in 2007. Larry did not amend his will, and apparently did no further estate planning for the rest of his life. Larry died in 2022.


The 1999 will was presented for probate. Larry's children argued that because the will provided for no alternative beneficiaries and it had no provision for the residuary estate, it had lapsed and become ineffective. Under that theory, Larry died intestate, and under the laws of intestate succession the two surviving children would divide his estate.


A niece presented an alternative approach, invoking the Kansas anti-lapse statute. That law provides that when a bequest is made to a spouse or relative and that person dies before the testator, the descendants of that person will inherit the property unless the will includes an alternate disposition. In other words, Larry's two nieces, who were descended from his parents, would inherit. The niece also argued that Larry's disinheritance of his children also cut off any claims from his four grandchildren. The grandchildren agreed that the anti-lapse law applied, but protested that the will did not mention them in any way, and that they were also the descendants of Larry's parents and so entitled to a share of the estate.


The probate court ruled against Larry's children, and adopted the view of the grandchildren, who will share the estate with the nieces. The children appealed the decision, but they lost.


Both sides asked the court to order that the estate pay for their attorney's fees, roughly $20,000 each. The court awarded fees to the prevailing party, but not to the children who "tried to find a loophole to suggest they should inherit their father's entire estate despite his clear and directly contradictory wishes" [Matter of Estate of Holderman, Court of Appeals of Kansas].


(July 2026)
© 2026 M.A. Co. All rights reserved.

What Is a "Corporate Fiduciary"?

"Fiduciary" is a legal term that describes the duties that one party owes to another in a business relationship. A fiduciary duty is the highest duty of care in the law and has been a standard element of trust practice for decades, really for centuries. There are many elements to fiduciary duties, but perhaps the most important is the duty of loyalty, to put the interests of the client ahead of one's own interests.


A "corporate fiduciary" is a business entity, such as ours, that has been granted permission by the state to act in a fiduciary capacity. We can serve as trustee, and we can settle estates. In this capacity, we are subject to a wide range of audit controls and government regulatory supervision.


More and more financial advisors have voluntarily moved to abide by this standard.


We are compensated for our services with a fee that varies with the size of the account under management. We do not earn more based upon the transactions that we generate or the type of service that we recommend. Our interests are, therefore, always aligned with the interests of our clients. We prosper when they do.


When we act as trustee, our investment decisions must be responsive to the needs of both current and future beneficiaries. This is not an ordinary perspective to have for portfolio management. Our approach cannot be risk free, but it does tend to be risk averse. 


(April 2023)

© 2023 M.A. Co. All rights reserved.

Control From the Grave

At the time Diane became pregnant, she was seeing two different men, and so she did not know who the father was. Apparently Diane did not look to either man for child support for her son, Keith, so he never knew who his father was.


Diane's father was not happy with this state of affairs. His revocable trust provided for Diane after his death, but it conditioned the bequest on her taking action within 60 days to determine who Keith's biological father was. Medical and DNA testing were to be used. Failure to take action would result in Diane forfeiting all of her interest in the trust.


It is possible that Diane thought the condition set by her father was not legally enforceable. When conditions on legacies are against public policy they may be ignored. For example, requiring a daughter to divorce an unpleasant son-in-law would not be enforceable. Whatever the reason, Diane took no steps to comply, though the trustee warned her of the consequences of inaction.


Sixteen months after the father's death, the trustee turned to the probate court for instructions on how to proceed. The other trust beneficiaries then intervened to have Diane's interest terminated for her failure to meet the condition set by her father.


The court ruled that the father's requirement was not unreasonable, and did not violate public policy. Diane could have taken steps within 60 days to preserve her gift. For example, she could have told Keith that his father was one of two men, and shifted responsibility to Keith for the next step. Or she might have petitioned the court to set the condition aside entirely because it was an invasion of her former lovers' privacy. But she did nothing at all.


Doing nothing resulted in the termination of Diane's trust interest.


(March 2024)

© 2024 M.A. Co. All rights reserved.

Articles of Interest

10 Things You Didn't Know You Could Bring on a Flight- DAILYPASSPORT.com

Many unexpected items can be placed in your carry-on or personal item, some of which will surprise you more than others. Read More



Getting an Inheritance? Here are 4 Things to Consider – KIPLINGER.com

Heirs receiving an inheritance can expect the process to take time. Read More



11 Food Trucks To Try In New Jersey This Summer – THEDIGESTONLINE.com

From a traveling 1950s soda wagon dishing out old-school burgers to a Peruvian street food truck with a cult following, these are the food trucks worth tracking down this summer. Read More



How Much Should You Tip In 2026? A Practical Guide to Tipping - KIPLINGER.com

From restaurants and rideshares to hotel housekeeping and coffee shops, here's what to tip, where tipping is optional and how to avoid overspending. Read More



Investment Policy Formulation – GARDENSTATETRUSTCOMPANY.com

Investment policy formulation at Garden State Trust Company involves creating structured guidelines that govern the management of client assets. Read More

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Because of the rapidly changing nature of tax, legal or accounting rules and our reliance on outside sources, Garden State Trust Company makes no warranty or guarantee of the accuracy or reliability of information contained herein nor do we take responsibility for any decision made or action taken by you in reliance upon information provided here or at other sites to which we link. ©2026. All rights reserved.