December 27, 2021 By

Q&A: Storing will and trust documents

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.

Filed Under: Estate planning, Q&A Tagged With: , ,
December 27, 2021 By

Q&A: Why home equity loans are a better option than credit cards

Dear Liz: My husband is 68, I am 70, both of us are retired and on Social Security. We have little in savings. My husband wants to charge $10,000 to a low-interest credit card to pay for a new furnace and water heater. He plans to pay the minimum each month and at the end of each year transfer the balance to a different credit card with low interest. Is this a good idea?

Answer: You may have better options.

Many credit cards offer low introductory rates that expire after 12 to 21 months, but you typically won’t know before you apply what your credit limit will be.

You may not get a high enough limit to make all your purchases or you could use up so much of the limit that it causes damage to your credit scores. (Scoring formulas are sensitive to how much of your available credit you’re using, and ideally you wouldn’t use more than about 10% to 30% of your credit limits at any given time.) When you apply to transfer your balance to another low-rate card, you’ll run similar risks.

A home equity line of credit or home equity loan might be a better choice. HELOCs have variable rates, but you would have a source of funds you can tap and repay as needed (much like a credit card, but backed by the equity in your home). Home equity loans typically have fixed terms and rates, so you can borrow what you need and pay off the debt over time (often 15 to 20 years).

If paying back the money would be a hardship, a reverse mortgage might be an option. Reverse mortgages can be complicated and expensive, however, so talk to a housing counselor approved by the Department of Housing and Urban Development before proceeding with one.

Filed Under: Credit Cards, Q&A Tagged With: , ,
December 20, 2021 By

Q&A: Lump sum vs. annuity

Dear Liz: You recently answered a question about taking a lump sum retirement versus an ongoing pension. You didn’t mention that the pension will stop when the employee dies (whether it’s after 40 years or 40 days) or when the spouse dies (same thing) if that was chosen. The children get nothing. What about taking the lump sum and putting it in a fixed indexed annuity? Yes, there is a yearly fee, but then the money can continue to the spouse, children and on and on and on.

Answer: See above. There’s more than a single “yearly fee” with these annuities, which are complicated insurance products that tend to have high costs and pay high commissions to the advisors who recommend them. If you’re considering this investment, you should run it past a fee-only financial planner first.

Many people dislike the idea that an annuity stops when they do, which is why insurers are often willing to sell you — for an additional fee — a guarantee that something will be leftover. There may be better, less expensive ways to leave a legacy, which a fee-only planner can discuss with you.

Filed Under: Annuities, Q&A Tagged With: ,
December 20, 2021 By

Q&A: Look for a fee-only planner

Dear Liz: I am starting to receive marketing mailings from financial advisors inviting me to a free lunch or dinner to listen to annuity investment presentations. I went to one recently by a fee-based financial planner who told me he also acts as a broker when investing in annuities. He’s been pressuring me to invest all of my retirement funds into a fixed indexed annuity. Isn’t this a conflict of interest? I assume he gets paid by both me and a commission from the insurance company if he signs me up for this investment. Why do financial planners force annuities on seniors? Is it because they know they will also get commissions? Is it better to sign up with a fee-only financial planner? I’ve read that the fee-only planner will act only in my interest, not pushing investments that bring in a commission.

Answer: Yes, yes and yes.
Remember your folks telling you, “There’s no such thing as a free lunch”? Remember that the next time you get one of these offers for a “free” meal (or a timeshare presentation, for that matter), because you could end up paying dearly. These presentations are made by salespeople who can be really good at talking people into products that are not in their best interests.

A good advisor would never pressure you or suggest putting all your investment eggs in a single basket. Look instead for advice from a fee-only (not fee-based) financial advisor who will agree, in writing, to be a fiduciary, which means they’re committed to putting your interests ahead of their own.

Filed Under: Liz's Blog Tagged With: ,
December 20, 2021 By

Q&A: What you need to know about power of attorney documents

Dear Liz: My husband has Parkinson’s disease and is showing early signs of dementia. I’ve been advised to get a financial power of attorney. If all of our accounts are joint, is this necessary? What will that do for me?

Answer: A power of attorney gives you the authority to make decisions on your husband’s behalf. You wouldn’t need one to pay the bills from your joint accounts, but this document could be invaluable if you wanted to take action on jointly held property, such as selling a car or house or refinancing a mortgage. Otherwise, you might have to go to court to get a guardianship, which can be expensive.

Please don’t wait. For the document to be valid, your husband needs to be able to understand what a power of attorney is and what it does. You’ll also need a power of attorney for healthcare, which is sometimes called a healthcare proxy or advanced directive, to make decisions regarding his medical care.

There are do-it-yourself options, but given your husband’s condition you may want to hire an experienced estate planning attorney who can offer personal guidance and help make sure the documents won’t be challenged.

Filed Under: Estate planning, Legal Matters, Q&A Tagged With: , ,
December 13, 2021 By

Q&A: How to boost your credit scores in the next year

Dear Liz: I am 36 with a 535 credit score and about to move back to the U.S. from Colombia with my future wife. I’d like to increase my score by 100 or 200 points within eight to 12 months. Is it possible?

Answer: Increasing your credit scores to the mid-600s within a year or so is probably a reasonable goal.

Most consumer credit scores are on a 300-to-850 range. The higher your scores, the easier it will be to get approved for loans and credit cards, plus you’ll be offered better rates and terms.

What’s considered a good or bad score depends on the lender and the scoring formula. In general, scores below 630 or so are considered bad while scores in the mid-600s are usually considered “fair.” Good scores typically begin around 690.

Consider a credit builder loan from a credit union or online lender. The money you borrow is placed in a certificate of deposit or a savings account for you to claim after you’ve made 12 on-time payments. You’ll pay interest to the lender but be building your savings at the same time.

Secured credit cards are another way to build credit. You deposit a certain amount with the issuing bank, often $200 to $2,000, and get a credit line in the same amount. If you use the charge lightly and pay it off in full each month, you can build credit without paying interest.

Filed Under: Credit Scoring, Q&A Tagged With: ,
December 13, 2021 By

Q&A: Lump sum or annuity?

Dear Liz: You recently answered a question about whether to take a lump sum or an annuity payout from a pension. I think you need to be more cautious about making a blanket statement about the payout being the only viable option. There are other reasons for taking the lump sum, such as the pension fund’s stability. My mother’s friend lost her entire pension when Bethlehem Steel went bankrupt. Also, I like the idea of being able to access the lump sum in the case of a catastrophic need (call me a control freak!).

Answer: You certainly can access more of your money with a lump sum, but that’s a double-edged sword. You could withdraw too much too fast and run out of money. You could lose money to bad markets, bad investments, bad decisions and fraud. Even if you’re making good financial decisions now, that may not always be the case as our cognitive abilities tend to decline with age.

The column you’re referencing didn’t say that an annuity is the only viable option, however. In that particular case, the annuity option came with retiree health insurance while the lump sum option did not. It would be pretty hard to top guaranteed income for life plus medical benefits, but that doesn’t mean it’s impossible.

A lump sum could be a better option if the pension is particularly generous and the pension fund isn’t solvent. Your mother’s friend’s pension, for example, was covered by the Pension Benefit Guaranty Corp., so she didn’t lose the whole thing when Bethlehem Steel went under. Workers there lost part of what was promised them because their pensions were larger than the amount covered by the PBGC.

Filed Under: Q&A, Retirement Tagged With: ,
December 13, 2021 By

Q&A: House gift needs a lawyer’s help

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.

Filed Under: Q&A, Real Estate Tagged With: ,
December 6, 2021 By

Q&A: Understanding the gift tax

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.

Filed Under: Estate planning, Q&A, Taxes Tagged With: , ,
December 6, 2021 By

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

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.

Filed Under: Credit Scoring, Q&A Tagged With: ,