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Estate Planning

How your parents’ debt could outlive them

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Many people believe one of two common myths when a parent dies in debt, says Chicago estate planning attorney Michael Whitty. The first myth is that an adult child will become liable for their parents’ debt. The second myth is that they can’t.

Adult children typically don’t have to pay their parents’ bills, but there are exceptions. And even when a child doesn’t have to pay directly, debt could reduce what they inherit.

Debt doesn’t simply disappear when someone dies, Whitty explains. Creditors can file claims against the estate, and those claims usually have to be paid before anything is distributed to heirs. Creditors also are allowed to contact relatives about the dead person’s debts, even if those family members have no legal obligation to pay.

In my latest for the Associated Press, some issues to explore if you’re concerned that your parents’ debt might outlive them.

Q&A: Adding sister to a house deed

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Dear Liz: A reader recently asked about giving a rental house to the sister that has been living in it for 10 years. You mentioned that the reader would have to file a gift tax return since there is a max of $15,000 for a gift exemption. Couldn’t the owner simply add the sister to the title so when they pass the sister becomes the sole owner of the house without having to deal with taxes, probate, etc? Similarly, if the sister dies first the current owner would retain ownership to give, sell, donate as they choose.

Answer: Adding the sister to the deed would be considered a gift, so the reader would still have to file a gift tax return.

Owning the home together would avoid probate and give the surviving sister a tax break, and that half of the house would get what’s known as a step-up in tax basis at the first sister’s death. Another option, if the reader wanted to retain ownership, would be a transfer-on-death deed, which is available in many states. The reader was clear that she wanted to give an outright gift, but she could consult a real estate or estate planning attorney about other options.

Q&A: Storing will and trust documents

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Dear Liz: You recently advised a person to leave their original will or trust with their attorney. As a practicing attorney, I cannot tell you how many times original wills and trusts have been lost as the attorney that prepared the documents retired or died before the client. There are requirements to inform clients of a retirement, but very few lawyers follow those rules, unfortunately. The best thing is to buy a home safe or put the documents in double zip-close freezer bags in your freezer (which should be fireproof and is a great preserver of the documents). Or, hire a younger lawyer who will still be around when you want to amend your will or trust or you pass away.

Answer: Thanks for sharing your perspective, but freezers are not fireproof. A fireproof home safe would be a better option for those who want to keep their wills at home.

There is, unfortunately, no one perfect option for storing wills. You’re quite right that people often don’t stay in touch with the attorneys who create their documents, even though estate plans should be reviewed and updated regularly. The risk of losing a will may not be as high if the attorney is part of a large firm, but even those can go out of business.

Some states allow you to file your will in advance with the probate court or a registrar of wills, so that’s another avenue to consider.

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.

Wednesday’s need-to-know money news

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Today’s top story:  Prices are skyrocketing, and how to lessen the impact. Also in the news: How to talk to your parents about estate planning, air fryer Black Friday 2021 deals, and why travel insurance is a great holiday gift to yourself.

Prices Are Skyrocketing: Here’s How to Lessen the Impact
Inflation reached a 30-year high in October, according to fresh CPI data from the U.S.Bureau of Labor Statistics.

Why (and How) to Talk to Your Parents About Estate Planning
Help ensure that everything plays out the way Mom and Dad would want.

Air Fryer Black Friday 2021 Deals: Are They Worth It?
Target is discounting a 5-quart air fryer by $60, and Macy’s has air fryers starting at $24.99.

Consider Gifting Yourself Travel Insurance Ahead of the Holidays
Buy yourself some peace of mind by getting travel insurance, either through your credit card or a full policy.

Friday’s need-to-know money news

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Today’s top story: How to leave Crypto to a loved one. Also in the news: Black Friday return policies, the October jobs report gives tired travelers a glimmer of hope, and the unexpected way bad credit messes with your life.

How to Leave Crypto to a Loved One
If you don’t make a plan for your cryptocurrency, it could be lost after you die. Here’s how to make sure it gets passed down to a loved one.

As You Shop Black Friday, Keep Return Policies in Mind
Before making purchases this holiday season, consider retailer return policies to save time and money.

October Jobs Report Gives Tired Travelers a Glimmer of Hope
The travel industry is experiencing significant job growth, according to October 2021 Bureau of Labor Statistics figures.

The Unexpected Ways a Bad Credit Score Messes With Your Life
Looking beyond mortgages and car loans.