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Estate Planning

Q&A: Paying a deceased person’s debts

January 5, 2015 By Liz Weston

Dear Liz: When I read the letter from the woman about her mother’s debts, it brought back my situation with my brother and mom. My brother was trustee to my mother’s living will and told her she had no money. At 90, she became worried and wanted to cut back on the care she needed. My brother had the same attitude as the woman who wrote you that her mother’s property was not an asset for her to use but something to be hoarded for the heirs.

Answer: That’s not the situation the daughter described. She was asking whether she and her sister were responsible for her mother’s debts. They are not. The mother’s estate would be responsible, and her estate would include her home. If the estate’s assets aren’t sufficient to pay all the bills, however, the creditors wouldn’t be able to come after the daughters. Still, some collection agencies have been known to contact survivors, telling them they have a “moral obligation” to pay the dead person’s debts.

Filed Under: Banking, Elder Care, Estate planning, Q&A Tagged With: Estate Planning, Q&A. debt

Q&A: The tax implications of downsizing

December 29, 2014 By Liz Weston

Dear Liz: My mother just turned 75 and wants to downsize from her four-bedroom house. My father passed away six years ago. She owns her home outright, and at the time of my father’s death the value of the house was estimated at $1.2 million. Right now she has enough income from retirement accounts and investments to live comfortably. She could even buy another smaller property if need be. As the executor of her estate, I’m trying to help her decide what to do with the house. She could let another family member live in it who couldn’t pay rent but could help with upkeep; she could rent it out for market value; or she could sell. We see advantages and disadvantages with all three options. What do you think?

Answer: If she hasn’t already, your mother needs to hire a good estate-planning attorney who can help her evaluate her options. Consulting a fee-only financial planner and a tax pro may be a good idea, as well.

If she sells, your mother could face a sizable capital gains tax depending on where she lives. Federal law allows a certain amount of capital gains on the sale of a primary residence — $250,000 per person — to be excluded from income, but after that, capital gains taxes apply.

The gain would be the difference between the home sale proceeds and your mother’s tax basis in the home. At least half of the home received a “step up” in basis to the then-current market value when your father died. If your mom lives in a community property state, such as California, both halves of the property would have received this step up at his death. Any increase in value since then would be subject to capital gains tax (minus, again, the $250,000 federal exclusion).

There’s another tax issue to consider. If she dies owning this house, her heirs would get a tax basis equal to the property’s value at her death. In other words, regardless of the state where she lives, none of the house’s appreciation during her lifetime would be taxable.

The tax issues alone shouldn’t dictate what your mother does. But she should be aware of them to make an informed decision about what to do next.

Filed Under: Elder Care, Estate planning, Q&A, Real Estate, Taxes Tagged With: downsizing, Estate Planning, q&a, Taxes

Thursday’s need-to-know money news

December 18, 2014 By Liz Weston

Wills-in-TexasToday’s top story: Tips for writing your will. Also in the news: The most important thing to ask your financial advisor, how to spend the rest of your FSA money, and how to calculate your tax refund by checking out your pay stubs.

5 Tips for Writing Your Will
An unpleasant but absolutely necessary task.

The Most Important Question To Ask Your Financial Advisor
No, it’s not “can you make me rich?”

3 Tips to Use Remaining Health Flexible Spending Account Money
Don’t let your FSA money go to waste.

3 Ways to Calculate Your Tax Refund Using Your Pay Stub
Get a preview of next year’s bounty.

How to Stop Making Excuses and Finally Get Your Finances in Order
Excuses are for wimps.

Filed Under: Liz's Blog Tagged With: Estate Planning, financial advisors, FSA, tax refund, wills

Get free financial advice

October 6, 2014 By Liz Weston

Zemanta Related Posts ThumbnailNeed some free, one-on-one financial help from a qualified advisor with no strings attached? Check out the Financial Planning Days being offered around the country throughout October and November.

These events are brought to you by a host of reputable organizations: the Certified Financial Planner Board of Standards, the Financial Planning Association, the Foundation for Financial Planning and the U.S. Conference of Mayors. Kiplinger is the national media sponsor.

Given how hard it can be to find good, un-conflicted advice–let alone getting it for free–these sessions can be a real boon. Even if you don’t sign up to talk to a CFP, you can attend one of the informational workshops on various financial planning topics.

Sound good? Check out this link to see if there’s an upcoming event in your area. LA and OC peeps: your events will be held Sunday Oct. 18, so register now!

Filed Under: Liz's Blog Tagged With: Budgeting, CFP, CFP Board of Standards, Credit, Estate Planning, FPA, Insurance, Investing, Kiplinger, Retirement, Taxes

Thursday’s need-to-know money news

August 21, 2014 By Liz Weston

images (2)Today’s top story: Organizing your finances in just two minutes a day. Also in the news: How to retire in comfort, estate planning mistakes boomers should avoid, and what to look out for when buying an older home.

How to Organize Your Finances in Just 2 Minutes a Day
Surely you can spare two minutes.

Get These 4 Big Things Right to Retire in Comfort
Focus on the essentials.

Estate Planning Mistakes Every Boomer Should Avoid
Don’t go it alone.

5 Things to Look Out for When Buying an Older Home
Avoiding a money pit.

How Investing Affects Your Taxes
Don’t get caught off guard.

Filed Under: Liz's Blog Tagged With: Estate Planning, finance tips, Investing, organizing, Retirement, Taxes

Q&A: Maximizing retirement benefits

July 28, 2014 By Liz Weston

Dear Liz: I don’t know where to turn. My husband is 76. He has a federal government pension and collects Social Security but he has only a $17,000 life insurance policy. We still have a $229,000 mortgage and no savings other than my small 401(k). I am 59 and also a federal worker. Do you have any suggestions or guidance for me? Is there such a thing as an insurance policy that could pay off the mortgage if he passes before me?

Answer: Buying a life insurance policy on your husband that would pay off your mortgage isn’t necessarily impossible, but it would be expensive and might not be the best use of your funds. You can explore that option, of course, but you also should research your own retirement resources and what’s likely to remain after he’s gone.

Will your husband’s pension make payments to his survivor or will it end when he dies? How much will your own federal pension pay you when you retire? How much will Social Security pay you, and how does that compare with your survivor’s benefit (which is essentially equal to what your husband is receiving when he dies)? What are your options for maximizing those benefits?

You also need to know if your Social Security benefits could be reduced because of your public pensions. Some federal employees and employees of state or local governments receive pensions based on earnings that were not subject to Social Security taxes. When that’s the case, their benefits could be reduced by the Windfall Elimination Provision or the Government Pension Offset. Most federal employees hired after 1983 are covered by Social Security, but just in case you should check out the information at http://www.ssa.gov/gpo-wep/.

Once you have an idea of your income as a widow, you can compare that with your expected expenses and see whether continuing to pay your mortgage will pose a burden. If that’s the case, you might consider downsizing now to a place you could afford to buy with cash or a much smaller mortgage. Reducing your expenses also could help you build up that 401(k), which will help provide you with a more comfortable retirement.

Establishing a relationship with a fee-only planner now will help you prepare for the future and give you someone to turn to for financial advice should you be left on your own.

Filed Under: Estate planning, Financial Advisors, Insurance, Q&A, Retirement Tagged With: Estate Planning, Insurance, q&a, Retirement

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