Q&A

How to structure an inheritance for a spendthrift heir

June 13, 2016 By Liz Weston

Dear Liz: My financially illiterate, almost 50-year-old son will be living off his inheritance when I die. A good part of his life was spent drifting, so I have no idea if he will receive Social Security or how much. How do I structure his inheritance so that he won’t fritter it all away in a short time and then expect his dependable sibling to shoulder his burden?

Answer: A spendthrift trust can keep your son from frittering away his inheritance. These trusts limit the beneficiaries’ access to the principal — the amount you put into the trust. This limitation prevents creditors from accessing the principal as well, and he won’t be able to borrow against the trust, either.

That’s the good news. The bad news is that you have to find someone to be the trustee, and that probably shouldn’t be his sibling. Putting one sibling in charge of another’s money is a good way to ensure lifelong enmity. Look instead for a professional trustee at a bank or trust company to fill this role.

A spendthrift trust is not a do-it-yourself project. Hire a good estate-planning attorney with experience in this area. You’ll need to make a lot of decisions, such as how payments will be determined, how often they’ll be made, whether the trustee will have the power to deny payments or to give your son access to the principal if his circumstances change.

Q&A: A dirty problem

June 13, 2016 By Liz Weston

Dear Liz: I bought a house four years ago. The previous owner allowed a gentleman to plant flowers every spring and tend them all summer. I allowed the man to continue after I bought the house. He waters the flowers using my water and I help weed every year. He came to me last week and said he was getting too old to tend to the flowers and wanted to sell me the dirt for $1,000. This was never addressed when I bought the house. Presumably the guy did bring in special dirt, but removing it would damage the property. What should I do?

Answer: The dirt goes with the real estate you bought and has long since become part of it, said real estate expert Ilyce Glink of ThinkGlink.com. Without a written agreement, the man was simply doing work for free.

That said, his labor and the flowers he bought enhanced the curb appeal of your home and arguably its value, said Glink, author of “100 Questions Every First-Time Homebuyer Should Ask.” Consider offering him $500 as a compromise or “retirement gift” to thank him for his efforts.

Q&A: Spreading out the tax hit from capital gains

June 6, 2016 By Liz Weston

Dear Liz: We are in the lowest tax bracket. If we sell a capital gains asset worth several hundred thousand dollars, does that put us in a higher bracket and we pay 20% or do we remain in the lower bracket and pay 15%?

Answer: In the two lowest federal income tax brackets, the capital gains rate is actually zero. For a married couple filing jointly, taxable income below $18,550 in 2016 would put you in the 10% tax bracket, while income between $18,550 and $75,300 would put you in the 15% bracket. Both 10% and 15% income tax brackets pay no federal tax on long-term capital gains.

But capital gains count as income in determining your tax bracket. So a big capital gain can push you into a higher bracket, which means you would pay a higher capital gains rate.

Let’s say your normal taxable income is $75,000. You sell an asset with a $25,000 capital gain. Now you’re in the 25% tax bracket with taxable income between $75,300 and $151,900, which means your long-term capital gains rate will be 15%.

A really big gain would put you in the top 39.6% bracket, which applies to taxable income above $466,950. In that bracket, your capital gains rate would be 20%. Also, an additional 3.8% surtax applies for taxpayers with adjusted gross incomes over $250,000 for married couples and $200,000 for singles. The surtax is applied to the lesser of the taxpayer’s net investment income or the amounts over those limits.

There may be ways to alleviate or spread out the tax hit. You could sell losing investments to offset some or all of the gain. Another option for some assets is to sell a portion at a time over several years, or use an installment sale. A tax pro can walk you through your options.

Q&A: Cerebral slide can hit your wallet

June 6, 2016 By Liz Weston

Dear Liz: As a practicing attorney, age 72, I take exception to your advice to the grandmother who complained about her husband co-signing for his granddaughter’s deadbeat boyfriend’s auto loan. You said, “He is showing signs of cognitive impairment.” She never gave his age. Even if he was past 70, an impairment may or may not be true without knowing more facts. I know people in their 80s and beyond who are careful and manage their money very well. In my 30 years of practice, I have seen many cases where relatives and friends co-sign for a family member or friend, often for an auto loan. This practice crosses all age and demographic lines. Each person has a reason for co-signing (or lending money), but the most common thread in family members is: “It’s really hard to say no to a person I love.”

Answer: You might want to take another look at that column. The grandfather co-signed a loan not for a relative or a friend, but for a young man whose last name he didn’t know — and he did so without consulting his wife.

Not everyone turns into a financial fool in his later years, but our cognitive abilities do decline with age, starting in our 20s. Until our 50s, those losses in cognitive function are offset by increased experience and knowledge. After that, our growing wisdom isn’t enough to offset our cerebral slide.

If you think you’re cognitively as sharp as you were in your youth, then you may be the exception — or you may be deluded.

Researchers who tested people in their 80s found that “large declines in cognition and financial literacy have little effect on an elderly individual’s confidence in their financial knowledge, and essentially no effect on their confidence in managing their finances,” according to a paper for the Center for Retirement Research.

That’s why it’s important to put protections into place to keep yourself from making bad financial choices. You can start by simplifying your finances and consolidating accounts to make them easier to monitor. You may want to develop a relationship with a trusted financial advisor, one with a fiduciary duty to put your interests first, so that you can seek good counsel before making financial moves. Also, many people as they age give a trusted child or friend access to their accounts so they can be watched for suspicious transactions.