Q&A: Cash gift to daughter shouldn’t trigger fine

Dear Liz: I gave my daughter $30,000 in 2015. I was fined $5,000. Why? I had not talked with another daughter, who does my taxes, so I was not aware that I could give only $14,000. If I had known, I could have given her the money over two years. Why wouldn’t they advise me as such?

Answer: It’s not clear whom you mean by “they,” but you need to have a chat with the daughter who does your taxes, because it’s extremely unlikely you were fined by the IRS for your gift.

In 2015, you wouldn’t owe gift taxes until you had given away more than $5 million in your lifetime above the $14,000-per-person annual limit. (That lifetime limit, by the way, has been raised to over $11 million, and the annual gift exclusion limit is now $15,000.)

If you had to pay an extra $5,000, it was for something else. Let’s hope the tax-preparing daughter didn’t decide to “fine” you for favoring your other child.

Q&A: Why setting up a living trust may be wise, especially in California

Dear Liz: Is there a minimum amount of assets required before a revocable living trust is advisable? I am retired but my wife is still working. If we do not include our 401(k) plans, our total liquid assets (my wife’s monthly salary, my monthly Social Security benefit and my pension check) are below $100,000. We do not own a house or other real estate and do not have any major outstanding loans. We own our only car, a 2009 non-luxury vehicle.

Assuming we need a trust, do we still need to make out a will? If so, can we use a state-specific form online or just make out a handwritten will? Lastly, can a will be “until further notice” or do we have to update it each year? It should be obvious that we are trying to save expenses where we can.

Answer: Living trusts allow estates to avoid probate, the court process that otherwise oversees the paying of creditors and distribution of someone’s assets. (The sources of income you listed aren’t considered assets, by the way, since those will cease upon your deaths and can’t be transferred to other heirs.) Living trusts offer privacy, because probate is a public process, and can make it easier for a designated person to take over for you if you should become incapacitated.

There’s no specific dollar amount of assets for which a living trust becomes a good idea. In many states, probate isn’t a big deal, while in others — including California — probate is expensive enough that the cost of setting up a living trust can be worthwhile. Even in California, smaller estates (those under $150,000) can avoid probate or qualify for a streamlined process that can make living trusts unnecessary.

Those with larger estates may be able to avoid probate using other methods.

The money in your 401(k)s, for example, will pass directly to the beneficiaries you name. In many states, you also can name a beneficiary for a vehicle right on the registration form so your car could avoid probate. Some states also offer this “transfer on death” option for real estate.

“Plan Your Estate,” an excellent primer from self-help legal publisher Nolo, details your options.

Living trusts typically replace the need for a will, although a lawyer likely would recommend creating a “pour-over” will to include any assets accidentally left out of the trust. If you don’t have a living trust, you’ll definitely need wills to outline how you want your property distributed.

You also should create powers of attorney for healthcare and for finances, so that someone you name can make decisions for you should you become incapacitated. These documents are probably more important than a will because they can determine your quality of life at the end of your days rather than just what happens to your stuff when you’re beyond caring.

Do-it-yourself options are fine if your estate is small, simple and unlikely to be challenged by contentious heirs. Each state has specific requirements for making a legal will, which will be detailed in the software or online forms you use. You don’t have to update a will yearly but it’s a good idea to at least review your estate documents annually to see if any changes might be needed.

Friday’s need-to-know money news

Today’s top story: How to make a money resolution that succeeds. Also in the news: Cashless kids’ allowances, 3 things to know about Spotify’s IPO, and why you should prioritize your job’s 401(k) benefits over offers of student loan help.

Ask Brianna: How Do I Make a Money Resolution That Succeeds?
How to stick with it.

For Kids’ Allowance, No Cash Required
Preparing your kids for life in the digital world.

Spotify’s Oddball IPO: 3 Things to Know Before You Buy
The streaming service is going public.

Prioritize Your Job’s 401(k) Benefits Over Their Offers of Student Loan Help
Taking the long view.

Thursday’s need-to-know money news

Today’s top story: Whittle down your debt while having bad credit. Also in the news: 6 secrets from flight crews to stave off jet lag, what to buy every month of the year in 2018, and 3 ways you can better save for retirement.

Bad Credit? You Still Have Tools to Whittle Down Debt
You must be proactive.

6 Secrets From Flight Crews to Stave Off Travel Exhaustion
Keeping jet lag away.

What to Buy Every Month of the Year in 2018
Plan your shopping accordingly.

3 ways you can save better for retirement
Every penny counts.

Wednesday’s need-to-know money news

Today’s top story: Is your driver’s license enough for domestic flights? Also in the news: How to have a proper parental fight over college costs, what will happen to your taxes under the new tax rules, and what will get more expensive in 2018.

Is Your Driver’s License Enough for Domestic Flights?
Big changes are coming on January 22nd.

How to Have a Proper Parental Fight Over College Costs
Facing tough decisions.

Will Your Taxes Go Up or Down Under the New Tax Rules?
It’s a whole new ballgame.

What’s getting more expensive in 2018? The gas for your car
Get ready to pay more at the pump.

Tuesday’s need-to-know money news

Today’s top story: Resolving to slim down your credit cards in the new year. Also in the news: Why you need a Roth IRA even if you have a 401(k), how to reach your 2018 travel goals with credit card rewards, and what to know about the major cryptocurrencies besides Bitcoin.

This New Year, Resolve to Slim Down Your Credit Cards
Taking a look at balance transfer cards.

Why You Need a Roth IRA — Even If You Have a 401(k)
Unique benefits.

How to Reach 2018 Travel Goals With Credit Card Rewards
Maximizing your miles.

What to Know About the Major Cryptocurrencies Besides Bitcoin
Etherium, Litecoin and more.

Q&A: Credit freezes complicate setting up online Social Security accounts

Dear Liz: You’ve recently written about protecting ourselves by establishing online Social Security accounts. Social Security prevents me (or anyone else) from creating an online account because I have credit freezes in place. As I understand the process, Social Security uses the credit bureaus to verify my identity. With a freeze, there’s no identity verification. In other words, in order to set up a fraudulent online account, someone besides me would have to unfreeze my credit report first. Is that correct?

Answer: Pretty much. Another way to establish an online account is to go into a local Social Security office with proper identification. But most hackers are unlikely to take the trouble to do either.

You may still want to create an online account to monitor your Social Security earnings record and promptly correct any mistakes or spot employment fraud (someone using your number to get work).

You could make a trip to a Social Security office or temporarily lift your freeze with the bureau that’s providing identity verification services. Currently, that bureau is Equifax — and yes, that’s the bureau that suffered the massive database breach that started this discussion.

Q&A: How to cash savings bonds for children

Dear Liz: My son is trying to cash in his children’s savings bonds, which seems to be difficult. You used to be able to go to a bank to do that. Is that still possible? If not, how can you do it now?

Answer: If the bonds were electronic, they probably would be held in a special minor’s account at TreasuryDirect.gov, the government site that allows investors to buy and redeem Treasury securities. If your son was identified as the person to have authority over the account, it would be relatively easy for him to redeem them.

We’ll assume, then, that your son is dealing with paper bonds. We’ll further assume that your grandchildren are still minors and that your son is cashing these bonds for their benefit, rather than his own. Many banks are leery of cashing children’s bonds precisely because parents (or people posing as parents) may be trying to rip off their kids.

Parents are allowed to redeem a child’s paper saving bond if the child lives with that parent and is too young to sign the request for payment, according to TreasuryDirect. The parent should write the following on the back of the bond:

“I certify that I am the parent of [child’s name]. [Child’s name] resides with me / I have been granted legal custody of [child’s name]. [She / he] is ___ years old and is not of sufficient understanding to make this request.” Your son should find a bank willing to certify or guaranty his signature. Then, in the presence of the bank representative, he must sign the request with his name “on behalf of [child’s name].”

Then he can send them to Treasury Retail Securities Site, PO Box 214, Minneapolis, MN 55480-0214. If the bonds are electronic, he can log into TreasuryDirect.com and follow the instructions there. Your son can contact the U.S. Treasury at (844) 284-2676 for further details.

Q&A: Why failing to pay your taxes is a risky form of protest

Dear Liz: I write in earnest hope that you might consider giving advice to those wondering about withholding federal taxes as a form of protest over the enactment of the new tax bill. What are the possible legal ramifications of withholding federal taxes?

If one is willing to accept the possible consequences, how might one go about the nuts and bolts of not paying federal taxes, and are there any measures one might take to mitigate the legal consequences somewhat? For instance, if one spouse withholds taxes but the other pays, does filing separately at year’s end afford any layer of protection to the paying spouse?

Answer: Please find another way to protest.

The Internal Revenue Service has extraordinary powers to collect what it’s owed. The agency can seize your bank accounts, property and a portion of your income. People who willfully fail to pay their taxes can wind up in prison. Filing taxes separately may keep the paying spouse on the other side of iron bars, but it won’t prevent his or her life from being disrupted.

Our duty to pay taxes doesn’t rest on our approval of every single aspect of the tax code. If that were the case, few of us would pony up. Fortunately, in a representative democracy you have plenty of legal options to work for change. The same Constitution that gives Congress “the power to lay and collect taxes” also gives you the right to express your opinion, to assemble in peaceable protest and to vote for new lawmakers at the appropriate times.

If you want to work for change, do so in ways that actually have a chance at success, rather than one that will succeed only in making your life worse.

Thursday’s need-to-know news

Today’s top story: 6 for-keeps New Year’s Resolutions for New Homeowners. Also in the news: Saving money by exercising outdoors this winter, learning the basics of the GOP Tax Plan, and the pros and cons of prepaying your 2018 property taxes in 2017.

6 For-Keeps New Year’s Resolutions for New Homeowners
Survival tips to keep your resolution.

Burn Calories, Not Cash, by Exercising Outdoors This Winter
Take your routine outside.

The basics of the GOP Tax Plan, explained
Learning the basics of a complicated deal.

Will you benefit from prepaying your 2018 property taxes in 2017?
Call your accountant.