Ask Liz Weston

Get smart with your money

Q&A

Q&A: House gift needs a lawyer’s help

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Dear Liz: I have a rental house that I would like to give to my sister as an outright gift. (She is the current tenant but cannot afford to buy the house.) How can I do this legally? Do I need a lawyer? If so, what kind? I have already asked a real estate agent, and I’ve been told that I don’t really need her services. She suggested asking an escrow company. The house is in the name of my revocable trust and I own it free and clear. For various reasons, I would like to give her the house now rather than leave it to her in my will. I realize she will be stuck with my cost basis, but she has no plans to ever sell it because she has lived there for 10 years and wants to live in it for the rest of her life.

Answer: Talk to a real estate attorney, who can help you through the multi-step process of transferring a house deed and getting it recorded. You could try to do it yourself, but the attorney can ensure the transfer is done properly and answer any questions you may have.

Because the house probably is worth more than the annual gift exemption limit — which is currently $15,000 and rising to $16,000 next year — you also will have to file a gift tax return. Actual gift taxes aren’t owed until you’ve given away millions of dollars in your lifetime. If you’re wealthy enough to be concerned about that, please also consult an estate planning attorney.

Q&A: Understanding the gift tax

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Dear Liz: I am 83 and have always been employed and a regular saver. I find myself in the unusual position of having amassed a considerable estate and, barring a financial or medical catastrophe, probably having more assets than I will use in my lifetime. Of course these assets will pass to my wife or other heirs on my death, but I would like to help them now. I am considering passing on monies to my sons and grandchildren. I find it hard to believe, but is it correct that I can give up to a total of $15,000 per year ($30,000 for a husband and wife) to my children and grandchildren in a given calendar year without federal or state tax implications for either party? Also, does the recipient need to be a close relative for this transaction to take place without creating a tax liability for either entity?

Answer: Right now you can give away millions of dollars without owing gift taxes. Gifts are tax-free to the recipient, and there’s no requirement that they be a relative.

The annual gift exemption limit of $15,000 is how much you can give away per recipient without having to file a gift tax return. You and your wife together could give $30,000 to as many people as you wanted without having to file such a return. If you have two married sons who have three children each, you and your wife could give each family of five $150,000 or a total of $300,000 without having to file a gift tax return.

Gift taxes aren’t due until the amount you give away over the annual limit exceeds the lifetime gift and estate exemption limit, which currently is $11.7 million per person.

Given your age and affluence, you should be working with an experienced estate planning attorney to make sure your assets go where you want after your death. The attorney can discuss smart gifting strategies for your individual circumstances.

Q&A: Here’s why you have many different credit scores

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Dear Liz: Have you ever covered the fact that the credit score that a person receives from the reporting agencies is entirely different from the one provided to lenders? The difference I discovered was 819 vs. 710. I’m a retired lawyer who represented investors in securities arbitration for 20 years, so not easily shocked or surprised by financial fraud, but I was.

Answer: The fact that there are many different scoring formulas has come up frequently in this column. What you consider to be fraud is actually a manifestation of capitalism.

Credit bureaus are private, competing companies. So are the creators of scoring formulas. Lenders and other companies that use credit scores have many to choose from.

FICO is the leading credit scoring formula, but rival VantageScore has gained market share in recent years.

Both types of scores come in multiple versions. The latest version of the FICO is the FICO 10, although the FICO 8 continues to be the most-used score.

Meanwhile, mortgage lenders tend to use much older versions of the FICO formula. Scores also can be tweaked for different types of lending, such as auto loans or credit cards.

Credit bureaus have created their own proprietary scores, as well. What this means is that the same underlying data — what’s in your credit report at a given credit bureau — can create significantly different FICO scores, depending on which FICO formula was used.

Even the same type of score, such as a FICO 8, could vary depending on which credit bureau’s information was used and when the score was “pulled” or created. The credit bureaus typically don’t share information with one another. Plus the information in your credit reports is constantly changing as information is added or deleted.

So it isn’t shocking that the score your lender used was different from the one the credit bureau provided you. What would have been surprising is if the number had been the same.

Q&A: Social Security after a spouse dies

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Dear Liz: My husband recently died. Since he and I received essentially the same amount from Social Security, I will not receive any additional money. Can you explain this? Social Security could not when I both called and went to the local office. I have not seen this addressed in your column. I would think this would be a problem for many spouses.

Answer: The issue of survivor benefits has been addressed frequently in this column, but unfortunately many people still don’t understand that their benefits will drop, sometimes precipitously, when their spouse dies.

When one member of a married couple dies, one of their two Social Security checks goes away and the survivor gets the larger of the two benefits. If your husband’s check had been larger than yours, that amount would become your survivor benefit. If your benefit was the larger of the two, you would continue getting that amount.

Many people don’t consider the impact their claiming decisions will have on their surviving spouse, which is unfortunate since the survivor could live years or even decades on this reduced income. Couples often can maximize their benefits and lessen the severity of this drop in income by making sure the higher earner delays their Social Security application as long as possible, ideally until it maxes out at age 70.

Q&A: Unexpected credit upswing

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Dear Liz: I know there are different factors involved, but I find a recent upsurge in my FICO score inexplicable. My score went from about 740 to 815, according to a note in my most recent credit card statement. Yet I’ve done virtually nothing in the way of major credit activity — no purchases, no change in my already-low credit card use. I transferred about $800 from one card to another, and that’s it. If such small matters can affect the FICO score, it makes that score seem ridiculous. Can you offer any possible explanations?

Answer: Credit scoring formulas are a bit of a black box, but they are sensitive to how much of your available credit you’re using.

If you transferred the balance from a card with a very low credit limit to one with a higher limit, your scores typically would improve — although perhaps not as dramatically as the increase you’re describing.

Your scores might also improve if your balances dropped on other accounts or something that was negatively impacting your credit “fell off” or stopped being reported. The simple passage of time can improve your scores, as well, increasing the age of your credit accounts and the time since your last application for credit.

It’s impossible to say exactly what combination of factors may have affected the score you saw, but at least it moved in the right direction.

Q&A: Lenders were supposed to tell you about pandemic debt relief. What if yours didn’t?

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Dear Liz: I had a problem last year and had no income so I couldn’t pay my bills for three months. I explained the situation to my creditors, but they still put the late payments on my credit reports. I called and sent letters, but it was no good: My credit score dropped to the mid-500s. How can I get the late payments taken off?

Answer: Last year, many lenders offered various kinds of hardship programs because of the pandemic. If you were approved for forbearance, the payments you missed should not have been reported as late. You could dispute the errors at the three credit bureaus (start at www.annualcreditreport.com) and ask the lenders to correct the record.

Unfortunately, lenders don’t always tell customers that forbearance or other hardship programs are available. If you weren’t given the option to enroll when you called to explain your problem, contact your lenders again, in writing, to point that out and request that the late payments be removed from your credit reports.

If a lender refuses to cooperate, consider making a complaint to the Consumer Financial Protection Bureau.