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Q&A: Keeping a bequest from doing harm

July 29, 2019 By Liz Weston

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.

Filed Under: Estate planning, Q&A Tagged With: disability benefits, Inheritance, means testing, q&a

Q&A: Sorting out the ex’s benefits

July 29, 2019 By Liz Weston

Dear Liz: I am 68 and plan to delay starting Social Security until I’m 70. I was married for 15 years prior to an amicable divorce 15 years ago. My ex just turned 60 and remains unmarried but may possibly marry at some future time. Does she qualify for survivor benefits? If so, what can I do to help ensure that she can efficiently apply for that benefit? We have already reviewed her option to assume my benefit upon my demise, but our benefits are virtually at identical levels and so that option does not seem applicable.

Answer: You seem to have confused divorced survivor benefits with divorced spousal benefits. She may well be eligible for both, but the only way you can help her get survivor benefits is to die. It’s great that you two are still friends, but that may be taking friendship a little too far.

Your ex is too young to claim a divorced spousal benefit, which isn’t available until she turns 62. She wouldn’t be able to get the full amount, which is 50% of your benefit at your full retirement age, until she reaches her own full retirement age. If she was born in 1959, then her full retirement age is 66 years and 10 months.

Furthermore, she would get a divorced spousal benefit only if that’s larger than her own benefit. If your benefits are “virtually identical,” that’s not likely to be the case.

If you should keel over tomorrow, though, she would be eligible to receive a divorced survivor benefit and put off receiving her own. Survivor benefits are available starting at age 60, or age 50 if the survivor is disabled, or at any age if the survivor cares for the dead person’s child who is under 16. Your ex also could marry at 60 or older without losing her survivor benefit. People who receive divorced spousal benefits, on the other hand, lose that benefit if they remarry.

Filed Under: Divorce & Money, Q&A, Social Security Tagged With: divorced spousal benefits, divorced survivor benefits, q&a, Social Security, spousal benefits

Q&A: This 529 college savings plan has a problem: no kids

July 22, 2019 By Liz Weston

Dear Liz: When I found out I could save for my future children by enrolling in a 529 college savings plan and not pay taxes on the growth, I started doing that three years ago. Since then I got married, and my wife decided to get an MBA. I have $41,000 saved away for my currently nonexistent children. Am I able to transfer that money to my wife and use it to pay for her MBA without getting penalties?

Answer: Yes.

The beneficiary of your 529 plan is not actually your unborn children, since you can’t open these plans for nonexistent kids. When you started the account and were asked for the beneficiary’s Social Security number, you probably provided your own.

That could have created a small problem down the road when you did have kids because changing the beneficiary to someone one generation removed — from parent to child, for example — is technically making a gift, and gifts in excess of $15,000 per recipient per year are supposed to be reported to the IRS using a gift tax return. Fortunately, you wouldn’t actually owe any gift tax until you’d given away several million dollars above that annual limit.

By contrast, changing the beneficiary to a family member in the same generation — from yourself to a spouse, for example — is not considered a gift and wouldn’t trigger the need to file a gift tax return.

Filed Under: College Savings, Q&A Tagged With: 529, 529 plan, College Savings, Taxes

Q&A: Adding a child as a credit card user

July 22, 2019 By Liz Weston

Dear Liz: I’ve read that adding a child as an authorized user on your credit card could help build his or her credit history. But I was specifically told that this was not the case, as the child’s Social Security number was not primary.

Answer: Whoever told you may not have understood how authorized user activity typically is reported, or may have been talking about a specific issuer’s policy.

Adding someone as an authorized user to a credit card typically results in the history for that card being added to the authorized user’s credit report. That in turn can help the authorized user build credit history and improve his or her credit scores.

Some smaller issuers, such as credit unions or regional banks, may not report authorized user activity to the three credit bureaus, but all of the major credit card companies do. Some of these big issuers, however, don’t report the information if the authorized user is younger than a certain age or if the information is negative. The age cutoff varies by issuer. For American Express and Wells Fargo, for example, it’s 18; for Barclays, it’s 16 and for Discover, it’s 15. Other major issuers don’t have an age cutoff. American Express and U.S. Bank also won’t report to the authorized user’s credit file if the account is delinquent.

The credit bureaus, in turn, have their own policies. TransUnion includes whatever the issuers report. Equifax adds the information to the credit report if the authorized user is at least 16. Experian adds the information supplied by the issuers, regardless of age, but will remove it if the original account becomes “derogatory” — which typically means payments are skipped or the account is charged off.

If you want to help a child build credit by adding the child as an authorized user, you’ll want to make sure you’re adding him or her to a card that will actually do some good. A quick call to the issuer can help you find out its policy on reporting authorized user activity.

Filed Under: Credit Cards, Credit Scoring, Q&A Tagged With: Credit, Credit Cards, Credit Score, kids and money

Q&A: Rules about a dead ex’s pension

July 22, 2019 By Liz Weston

Dear Liz: My ex-spouse passed away recently. She had a pension, and I got 25% of the monthly amount (we had a Qualified Domestic Relations Order to divide the pension). I am now the survivor, but I still get the same amount every month. Shouldn’t I be getting what she received?

Answer: Pensions for survivors don’t always increase when the primary worker dies, and sometimes they go away entirely.

That makes them different from Social Security, where a surviving spouse would get the larger of the two checks a couple received. A qualifying divorced spouse may also qualify to get a Social Security check equal to what the deceased was getting.

What happens to the pension probably depends on the details of your QDRO. Pension companies don’t always give survivors accurate information, so check with your lawyer to see what is supposed to happen according to your agreement.

Filed Under: Divorce & Money, Q&A, Retirement Tagged With: Divorce, Pension, q&a, Qualified Domestic Relations Order

Q&A: This son’s failure to launch is hurting his parent’s finances

July 15, 2019 By Liz Weston

Dear Liz: I have a 24-year-old son who has been trying to get through college for nearly seven years. I have helped him with direct gifts and by co-signing loans, but I am pretty tapped out. He tells me he has one year left but has no way to pay for it. He is disorganized and not particularly motivated, although he does talk about things he’s learning and I think is at least somewhat committed to school (he maintains about a B to C average at the state school he attends). He has moved back home to save money and is working full time but had gone many months without a job in the last year. He accumulated credit card debt and generally is a financial disaster.

Do I take out a second mortgage or co-sign another loan, which would be a stretch for me, or do I watch him drop out of school, which seems a really harsh life lesson? I know he might be able to take a year off and then go back, but let’s be honest — if he takes a break, it becomes less likely that he’ll ever return.

Answer: You sound like you’re more than tapped out. You already may be overextended because those private education loans you co-signed are just as much your responsibility as his — and he doesn’t sound like a terrific credit risk, at least at this point. Doubling down by borrowing more money doesn’t seem like the wisest choice for either of you.

Taking a break from school could increase the chances he won’t get his degree, but it also could give him time to get his financial life in better shape and perhaps tackle some of the issues impeding his progress. His disorganization and slow pace through school could point to an underlying problem such as a learning disability or attention-deficit/hyperactivity disorder (ADHD). His college may have a counseling center that could connect him with resources to help, or you could ask your family physician for a referral.

Filed Under: Kids & Money, Q&A, The Basics Tagged With: adult children and money, failure to launch, kids and money, q&a

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