Ask Liz Weston

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Liz Weston

Q&A: A husband is deported, leaving his American wife with questions about tax filings

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Dear Liz: I am a 56-year-old married U.S. citizen. My husband of six years was deported to the United Kingdom. Appeals to U.S. Citizenship and Immigration Services were denied. He can never return. I remain in the U.S. and will do so at least until I retire, likely at age 72. What status should I claim for federal and state taxes?

Answer: You have two options for filing taxes when you’re married: jointly and separately. Married filing jointly is often the better choice since it offers a larger standard deduction, higher phase-out limits for certain tax breaks and more favorable tax brackets, especially at higher incomes, says Mark Luscombe, principal analyst for Wolters Kluwer Tax & Accounting.

Filing jointly would require including both spouses’ worldwide income, however. Filing separately would allow you to report only your own income.

Q&A: Why Every Adult Needs a Financial and Healthcare Power of Attorney

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Dear Liz: Please tell your audience that if they have any bank accounts, loans, credit cards or utilities, they should legally appoint someone to make decisions for them if they should become ill or injured.

The backstory: My then-40-year-old son went to the hospital with a stomachache. He fortunately told the hospital I could make healthcare decisions for him if he became incapacitated. He then suffered cardiac arrest that resulted in anoxic brain injury. After his injury, I had to deal with such things as ending his apartment lease, canceling utilities and dealing with his car loan and bank account. I had no legal authority because he did not have a will, trust or advance directive. I subsequently learned that being a conservator would enable me to do the necessary things on my son’s behalf. The entire experience was dreadful, and I wish it on no one else.

Answer: The document that could have helped you is called a financial power of attorney and every adult should have one. Financial powers of attorney designate a trusted person to pay bills, file tax returns, close accounts and make other money decisions should the creator become incapacitated. These documents can be created online for about $40, although attorneys also offer them as part of the estate planning package when creating wills or living trusts. If your son had created one, it would have saved the thousands of dollars you probably paid to get a conservatorship.

The second document every adult needs is a healthcare power of attorney, also known as a healthcare proxy, which names someone to make medical decisions in case of incapacity. Again, these are easily created online or can be drafted as part of an estate plan, and they can spare families the agony and expense of going to court to care for a loved one.

Q&A: How to Choose a Trusted Financial Advisor for Long-Term Care Insurance and Asset Protection

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Dear Liz: My 68-year-old husband has Alzheimer’s disease. I thought we were responsible, having a nice nest egg of over $2 million, a house that is paid off and no debts. However, I am now terrified that it will all be depleted because of long-term care costs. Per your advice, I consulted a fee-only financial planner to get his opinion about long-term-care insurance for myself (my husband no longer qualifies). Turns out he will be the one to get the policy for me, should I decide to go forward. I feel uncomfortable that the financial advisor has an obvious stake with this long-term-care policy and therefore might be biased with his advice.

Answer: Understandably. If the advisor would earn a commission from this policy, as your question implies, then he is not a fee-only financial planner. Fee-only planners receive payment only from their clients, not from commissions or other arrangements that could bias their advice.

Long-term-care insurance is expensive, and you’d be smart to take any policy you were considering buying to a fee-only planner committed to putting your best interests first. Most advisors don’t have to uphold this type of fiduciary standard.

You can get referrals to fee-only planners from the Garrett Planning Network, which represents advisors who charge by the hour; the XY Planning Network and the Alliance of Comprehensive Planners, which represents those who charge retainers; and the National Assn. of Personal Financial Advisors, which includes planners who charge a percentage of the assets they manage.

Also consider talking to an elder law attorney, who can advise you about possible ways to protect your assets from depletion. You can get referrals from the National Academy of Elder Law Attorneys.

Q&A: Clarification on How Social Security Benefit Estimates Are Calculated

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Dear Liz: A while back, you responded to a letter writer that Social Security’s estimates of the amount a person will receive assumes the person will continue working until they apply for benefits. I thought the amount a person receives was based on the average of the highest 30 years’ of earnings over a person’s entire career. Can you please clarify?

Answer: Social Security retirement benefits are based on your 35 highest-earning years. To estimate your future benefit, the agency assumes you will continue working for a similar wage to the one you’re making now, and that you will do so until you apply. The agency compares these projected earnings years with those you’ve already had, and picks the top 35 years to determine your estimate.

Life may not follow this script, of course, so the estimates aren’t guarantees of future benefits. If you spend much time out of the workforce or earn much more or much less than you do now, your actual checks could be quite different from the estimates.

Still, the estimates can give you a starting point for figuring out how much additional income you may need in retirement, which in turn will help you determine how much to save from your current earnings. As you get closer to retirement age, you’ll get a better idea of how much you’re likely to get. You’ll also see how delaying the start of benefits can enhance the amount you get over your remaining lifetime. Once you have a claiming strategy, you can plan your retirement income strategy around that amount.

Q&A: Rolling over a 401(k) account after starting a new job — at age 73

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Dear Liz: My wife, who turned 73 this year, worked for a company until Aug. 31. She started a new job with another company the following day. She plans to roll the 401(k) from the previous company into the 401(k) of the new company. Would she need to withdraw her required minimum distribution from the old 401(k), even though the money would be in the 401(k) of her current employer?

Answer: The answer to this question gets a little tricky, says Mark Luscombe, principal analyst for Wolters Kluwer Tax & Accounting.

If she had changed jobs last year, the year before she turned 73, she could have rolled her old 401(k) account into her new employer’s plan and postponed the need to take a required minimum distribution as long as she continued to work for the new employer.

However, since she turned 73 this year and is no longer working for her old employer, she must take an RMD from the old 401(k) plan. RMDs can’t be rolled over from one 401(k) to another, so she’s required to take her RMD from the old account before moving the rest of the money to the new plan, Luscombe says.

RMDs typically must be taken by Dec. 31. A first RMD can be delayed until April 1 of the year following the year someone turns 73. People who delay, though, wind up having to take a second RMD the same year. If your wife wanted to delay her RMD, she would have to take both withdrawals before she could rollover to the new plan.

To avoid that, your wife would need to take her first RMD from the old plan before Dec. 31 and then roll over the rest. She would not be required to make additional withdrawals as long as she keeps working for the new company, Luscombe says.

If she didn’t take the RMD before rolling over her account, she would be considered to have made an “excess contribution” to the new 401(k), which could be subject to penalties, Luscombe says. She could avoid the penalties by withdrawing the RMD amount, along with any earnings or losses associated with the excess contribution, by Oct. 15 of the year after the rollover, Luscombe says. A tax pro can help with those calculations.

This week’s money news

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This week’s top story: As rates fall, should you refinance your student loans? In other news: Weekly mortgage rates rise for 6th straight week, where the candidates stand on personal finance issues, and how credit cards can help you navigate major life changes.

As Rates Fall, Should You Refinance Your Student Loans?
Consider refinancing private student loans if you can get a rate at least half a percentage point lower. If you have federal loans, think twice.

Weekly Mortgage Rates Rise for 6th Straight Week
You could illustrate the dictionary definition of “bummer” with a graph of recent mortgage rates.

Election 2024: Where the Candidates Stand on Personal Finance Issues
Here’s a rundown of how Harris and Trump promise to improve your finances.

How Credit Cards Can Help You Navigate Major Life Changes
Credit card perks can come in handy when you’re facing large expenses, whether you’ve planned for them or they pop up unexpectedly.