Ask Liz Weston

Get smart with your money

Estate planning

Q&A: Getting sister’s house without a will

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Dear Liz: When I retired in 2018, I rolled over my 403(b) teachers retirement account into a traditional IRA and made my sister sole beneficiary. I sent her a copy of that beneficiary statement showing her name, her percentage (100%), and my account number. My sister later told me in a phone call that she wished to bequeath me her house should she predecease me. She explained she didn’t have a will but she made her feelings known to our older brother. Even if I were on speaking terms with our older brother, I would find this arrangement naive. Knowing my sister, she actually believes this method is the right way to proceed with her wishes. I’m asking you to be Dear Abby, perhaps, but what do I do?

Answer: You can explain to her that if she doesn’t have a will, the laws of her state will determine who gets her house regardless of what she intended. If your sister does not have a spouse or children, and your parents are dead, you and your brother would probably inherit the home as well as the rest of her estate. You would have to negotiate what to do with the house, which could be difficult if you two still aren’t speaking.

If you can’t get her to write a will, there may be another option. Many states allow “transfer on death” deeds, which are forms that allow people to name a beneficiary for their home. This would ensure that the house is left to you and that it avoids probate, the court process that otherwise follows death.

Q&A: When an executor doesn’t heed the will

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Dear Liz: My dad’s will clearly divided his estate equally between his two sons. By the time Dad died, my brother had two kids. After the funeral, my sister-in-law sat me down and told me that everything will be divided into three parts. I would get one-third and they get two-thirds, because they had the kids. This was not a request; it was, “That’s the way it’s going to be and there’s nothing you can do about it.” My brother, who was the executor, was nowhere to be seen — a pattern when dealing with money issues. This was many years ago. I was a student at the time. I went along with it but wonder to this day about the fairness of the situation.

Answer: Wonder no more. If the situation was as you describe and your brother ignored your father’s will, then he wasn’t just unfair to you. He violated the law.

Executors are supposed to follow the will’s directions to the best of their ability. If they don’t, they can be held personally responsible. But each state has statutes of limitation that give you only a certain amount of time to file a civil lawsuit in these situations. You may have a bit more time if you were a minor when all this happened, but you’d want to consult an attorney to discuss your options.

You wouldn’t be the first person done out of an inheritance by a self-dealing sibling, unfortunately. This should be a reminder to parents not to reflexively choose the oldest child, or indeed any child, to fill this role without thinking about the child’s character.

Q&A: Planning philanthropy

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Dear Liz: You recently explained to a reader why it was better to make one donation of $1,000 rather than 10 donations of $100. I understand why you gave the response you did and you made some good points, especially about the importance of researching charities before you give. You also mentioned the costs each organization would incur in processing the smaller donations. As a longtime nonprofit executive, I think the social capital enjoyed by those organizations outweighs the costs. It often is helpful to the organization to be able to count that donor among their ranks to demonstrate that they have widespread support, for example, or to include that donor in future efforts to serve the community. My experience is that it’s not always just about the dollars and cents.

Answer: Thanks for adding your perspective. It’s understandable that a charity would prefer a small donation to no donation. The charity still gets some money, even after processing fees, and the opportunity to add another donor to their mailing lists.

Savvy givers, however, want as much of their money to benefit their favorite causes as possible. Giving larger donations to fewer charities is a good way to do that, since that approach minimizes processing costs as well as the volume of appeals for more donations. Also, adequately researching and monitoring 10 different charities is a tall order for most busy people. Winnowing the choices can help ensure we’re rewarding the best-run charities, rather than those that spend the bulk of their donations on fundraising and overhead.

Q&A: Living trust viewing restrictions

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Dear Liz: How in the world do I find out the details of my parents’ trust? My father recently died and my mother, who is 89, is not familiar with the details. My older sister is not responsive when I ask questions. She and I are the only children. My husband recently became disabled and it would be a comfort to know if we had any money coming from my parents. Can you give me any advice?

Answer: Presumably you’re asking about a living trust, which is designed to avoid probate, the court process that otherwise follows death. Unlike wills, living trusts don’t have to be filed with the courts so you can’t go down to the county courthouse to look up the details.

Living trusts are revocable trusts, which means they can be changed. People other than the trust creators don’t typically have a right to see the trust until it becomes irrevocable.

In the past, part of a living trust often became irrevocable when one spouse died. Today, it’s more common for trusts to remain revocable until the surviving spouse dies.

To some extent, state law determines who gets to see a copy of the trust once it’s irrevocable. Typically beneficiaries have a right to see the trust, and in some states (including California) so do “heirs at law” — people who aren’t beneficiaries but who would have inherited under state law if there had been no trust or will.

Q&A: Here’s a primer on all those estate planning documents

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Dear Liz: Our dad’s kidneys are failing. Our mother passed away awhile ago, so it’s just me and my sister. He has a will, and my sister is on his bank account, but how do we handle the house transfer? Do we need a living will? We don’t want it to go into probate. We are splitting everything equally.

Answer: Losing a parent is stressful, so it’s good that you have your father’s estate-planning document to guide you. If it was properly drawn, it will name an executor who will handle the details of settling his bills, paying his creditors and transferring his remaining assets to his heirs.

If the executor happens to be you or your sister, you’ll be able to hire an attorney to help you and pay for it out of the estate’s assets. Having an attorney can help make the process much smoother and help avoid potentially costly mistakes.

You asked about a living will, but that’s a document designed to communicate someone’s wishes regarding end-of-life medical care. Living trusts are the documents that can avoid probate, the court process that otherwise follows death.

In many states, including California, probate also can be avoided with a “transfer on death” deed. If your father is still able to make decisions, you might want to hire the attorney now to advise you about which document makes the most sense.

Q&A: Keeping a bequest from doing harm

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Dear Liz: I am leaving a good friend a bequest in my will. He receives government benefits, including disability, Supplemental Security Income and Medi-Cal (California’s version of Medicaid). I am beginning to be concerned that if he inherits the money, it could mess him up more than help him. Is there a way to leave someone like my friend a bequest without jeopardizing the various benefits they now receive?

Answer: You’ll want an attorney experienced in “special needs trusts” to help you put language into your estate plan that can help shelter this money and protect your friend’s benefits.

Your concern is well founded because a direct inheritance could cause him to lose income and health coverage. SSI and Medi-Cal are both “means tested” programs that require people to have less than $2,000 in assets. All too often, well-meaning friends and relatives leave direct bequests that have the unintended consequence of separating the recipients from vital services they need to survive.