Ask Liz Weston

Get smart with your money

Q&A

Q&A: Amending a living trust

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Dear Liz: My husband and I had a lawyer draw up a revocable living trust and a pour-over will six years ago. We need to amend a couple of areas, and I found it could be done with a form from a self-help legal site. Also, we need to add our home into the trust. My husband doesn’t want to use a lawyer. Can we legally do the amendment and addition of the home without a lawyer?

Answer: Sure. But your heirs may pay for any mistakes you make.

The big red flag is that you haven’t transferred your home to the living trust, even though you’ve had six years to do so. If it’s not in the trust, it will be subject to probate, the court process that the trust is meant to avoid. You need to be extremely diligent if you’re going to try to create a do-it-yourself estate plan, and you’ve already proved that you aren’t. All you’ve done is undermine the estate plan you paid for years ago.

Amending the trust, and having a lawyer help you transfer your home into it, probably will cost a fraction of what you paid originally. It also would give your attorney an opportunity a chance to review the documents in case other changes need to be addressed. A relatively small investment could pay off in peace of mind that the job has finally been done right.

Q&A: How to retrieve old W-2 forms

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Dear Liz: I have several years missing from my Social Security earnings history, dating back to 1999. I have been filing income taxes jointly with my wife but we only kept our files for five years. How do I go about retrieving past income documents like my W-2s? I contacted Social Security and the IRS but can only get tax transcripts dating back to 2009.

Answer: Social Security says you ordinarily have three years to report mistakes. (Actually, being Social Security, it’s “three years, three months and 15 days.”) But you can correct mistakes further back if you have sufficient proof, such as tax forms, W-2s or pay stubs.

You can try contacting old employers to see if they can produce the W-2s you’re missing. Otherwise, write down as much as you can remember about where you worked, including the name of the employer, the dates you worked there and how much you earned. Then contact Social Security again, provide the information you’ve gathered and ask for help in filling in those missing years.

This is one reason why it’s smart to hang onto tax returns indefinitely. Even though you can (and probably should) shred backup documentation after seven years or so, you should keep copies of anything filed with the IRS, including W-2 forms.

Q&A: How to handle money disputes after a death in the family

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Dear Liz: My son recently died. His girlfriend, who lived with him, said he told he would take care of her for the rest of her life. There’s nothing in writing that says this. She has his debit card and is using it. I am not sure, but I thought if a family member dies, the money in the person’s bank accounts belonged to the next of kin. There is a large amount of money missing, but I don’t know if my son used it to pay other debts. How do I clear this up?

Answer: If her name is not on the bank account, then most likely she doesn’t have the right to help herself to the money. Your son’s assets are supposed to be used to pay his final expenses and his creditors. Anything left over would go to the beneficiaries of his will or, if he didn’t have a will, to his next of kin according to state law.

It’s time to call an attorney familiar with probate in your state to walk you through the next steps. As angry as you might be with the girlfriend, consider staying on good terms if you possibly can, since you probably will need access to his home and his records to settle the estate.

Q&A: CPA vs. financial planner

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Dear Liz: I read your recent response to the lottery winner. You made some really good comments and suggestions. However, you suggested that the person seek out a trustworthy, fee-only financial planner.

I am a certified public accountant. As you know, CPAs have historically been one of if not the most trusted advisors. I do get defensive when I read articles such as yours because never do people suggest that a CPA be consulted in situations such as these. In my opinion, financial planners do not have the overall breadth of experience and knowledge of the income tax and estate tax ramifications of decisions that need to be made.

Answer: If you’re holding yourself out as an expert in financial planning, you’d better be one.

There’s no question that CPAs are tax experts. But how knowledgeable are you about investments? Insurance, including life, health, disability and long-term care? Retirement savings and income planning? Education planning and funding? Social Security, Medicare and Medicaid? Employee benefits, retirement plan selection and business succession planning?

Those are only a few of the dozens of topics that a certified financial planner is required to know. CFPs are expected to look at clients’ entire financial picture and understand how the pieces should best work together. They are supposed to know that taxes may be a factor in many financial planning decisions, but taxes shouldn’t be the only or even the driving factor in any of them.

CFPs may not be able to match your breadth or depth of knowledge in your area, but that’s why they would refer clients to certified public accountants for detailed help with those issues. They also would know when to get estate-planning attorneys involved, and insurance agents and so on.

Some CPAs do become comprehensive financial planners by earning the personal financial specialist or PFS credential, which is similar to the CFP. The additional training and experience helps them understand how taxes fit into their clients’ larger financial picture. It also helps them know what they don’t know, so they know when to consult more knowledgeable experts for help.

Q&A: Does Social Security pay survivor benefits in same-sex unions?

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Dear Liz: I am 65 and was recently laid off after 26 years with the same company. My life partner of 25 years died in 2010. We had been legally married in 2008. I’d like to wait until I’m 70 to collect my Social Security. Is there any way I can collect her Social Security until then? I don’t know what the federal laws are regarding this and whether they have caught up to the intent of the law regarding same-sex unions. I’m sure I’m not the only one wondering about this, so any guidance you could provide would be greatly appreciated.

Answer: Yes, you should be entitled to a survivor benefit that’s either equal to what your wife was getting at her death, or what she would have received at full retirement age if she died before applying for her benefits.

A reduced survivor’s benefit is available starting at age 60. You can’t backdate your application until then — the most you can get if you apply now is a lump sum equal to six previous months of benefits. You retain the ability to switch from a survivor benefit to your own (or vice versa for that matter). That’s one of the many ways that survivor benefits differ from spousal benefits, since the ability to switch from a spousal benefit to one’s own benefit is being phased out.

Q&A: Conflicting credit scores

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Dear Liz: Why is there such a difference between my FICO 4 and FICO 8 scores? My FICO 4 score is 646 while my FICO 8 score is 678. I want to buy a home and I know some lenders may still use the FICO 4.

Answer: Most (not just some) mortgage lenders use outdated versions of the FICO credit scoring formula. The agencies that buy most mortgages, Fannie Mae and Freddie Mac, accelerated acceptance of credit scores in the mid-1990s when they made FICOs part of the underwriting required for the loans they purchased.

But the agencies haven’t authorized lenders to use the newest versions or alternative scores, such as VantageScore. So an old collection or other misstep that’s ignored by modern versions of the FICO formula could hurt your efforts to get the best rates and terms on a mortgage.

There are several ways you can boost your scores in the coming months. First, get your actual credit reports from all three credit bureaus at www.annualcreditreport.com. (You don’t need to provide a credit card. If you’re asked for one, you’re on the wrong site.) Scan the reports for errors, such as accounts that aren’t yours or late payments showing when you paid on time. Dispute those and prepare to follow up with any creditors that insist on reporting false information. (Complaints to the Consumer Financial Protection Bureau can help you get the creditors to cooperate.)

Make sure you’re making all credit account payments on time and pay down any credit card balances. Your goal is to use 10% or less of your reported credit limits, and to pay your balances in full each month. (Homeownership is expensive enough without dragging costly credit card debt into the financial picture.) It may take a few months to start seeing improvements, but they should come.

When you’re closer to pulling the trigger on a home purchase, consider buying your FICOs for all three credit bureaus from MyFico.com. In addition to the FICO 8, which is the one other creditors use most often, you’ll get your FICOs for the mortgage, credit card and auto loan industries, which can give you a clearer picture of where you stand.