Ask Liz Weston

Get smart with your money

will

Q&A: Friends don’t ask friends for condos

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Dear Liz: I have a younger friend who has asked me to leave them a condo I own. I would prefer the condo remain in my daughter’s name, and designate that the income from the condo go to my friend after my death. Is there a way to do this?

Answer: Your friend just handed you a massive red flag. Please heed this warning that they may not be trustworthy.

Generally speaking, people shouldn’t be asking for bequests for themselves. That’s especially true when the request is unsolicited — in other words, if you didn’t open the door by requesting what they might want from your estate.

Someone who feels comfortable enough to ask for a handout after your death may have no compunction about helping themselves to your money while you’re still alive. Financial elder abuse is a huge problem, and the perpetrators are often people the victim knows such as friends, family and caregivers.

Please tell your daughter about this request, and consider going together to an estate planning attorney. The attorney can make sure your estate plan is in order and discuss ways you can protect yourself from schemers and fraudsters.

Q&A: Getting sister’s house without a will

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Dear Liz: When I retired in 2018, I rolled over my 403(b) teachers retirement account into a traditional IRA and made my sister sole beneficiary. I sent her a copy of that beneficiary statement showing her name, her percentage (100%), and my account number. My sister later told me in a phone call that she wished to bequeath me her house should she predecease me. She explained she didn’t have a will but she made her feelings known to our older brother. Even if I were on speaking terms with our older brother, I would find this arrangement naive. Knowing my sister, she actually believes this method is the right way to proceed with her wishes. I’m asking you to be Dear Abby, perhaps, but what do I do?

Answer: You can explain to her that if she doesn’t have a will, the laws of her state will determine who gets her house regardless of what she intended. If your sister does not have a spouse or children, and your parents are dead, you and your brother would probably inherit the home as well as the rest of her estate. You would have to negotiate what to do with the house, which could be difficult if you two still aren’t speaking.

If you can’t get her to write a will, there may be another option. Many states allow “transfer on death” deeds, which are forms that allow people to name a beneficiary for their home. This would ensure that the house is left to you and that it avoids probate, the court process that otherwise follows death.

Wednesday’s need-to-know money news

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Today’s top story: Laid off due to Coronavirus? Take these 6 steps. Also in the news: NerdWallet Experts’ tips on handling finances during coronavirus, my experience flying from Mexico to the U.S. during the Coronavirus pandemic, and how to make a will during the Coronavirus lockdown.

Laid Off Due to Coronavirus? Take These 6 Steps
Keeping your head above water.

NerdWallet Experts’ Tips on Handling Finances During Coronavirus
Advice from the pros.

My Experience Flying from Mexico to the U.S. During the Coronavirus Pandemic
It’s a different world.

How Do You Make a Will During the Coronavirus Lockdown?
Getting creative.

Friday’s need-to-know money news

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Today’s top story: 5 times your credit card issuer can raise your interest rates. Also in the news: 3 DIY options for making a will online, how to split insurance in a divorce, and how much you can make in the freelance economy.

5 Times Your Credit Card Issuer Can Raise Your Interest Rate
How to avoid the bump.

Making a Will Online: 3 DIY Options
Doing it yourself.

How to Split Insurance in a Divorce
Deciding who gets what.

How Much Money Can You Make in the Freelance Economy?
Setting your own schedule.

Q&A: Changing the executor of a will

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Dear Liz: You recently wrote about a stepmom who dismissed her deceased husband’s son as an executor. Sometimes a will provides that someone such as the surviving spouse can alter the executor pattern. This is done to keep the children in line.

Answer: That’s certainly a possibility. But if that’s the case, the stepmother could simply show at least that portion of the will to the other children to allay their fears. The fact that she hasn’t shared the will, which should be a public record at some point, is reason for concern.

Q&A: Stepmom alters terms of dad’s will

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Dear Liz: My father recently passed away and his will named my stepmom’s daughter as executor along with my brother. My stepmother just informed my brother that she removed him from that role, telling him it’s easier to just leave her daughter as the executor as she lives much closer. Is this legal to remove him after my father’s death? The rest of his five children have not been able to see that will.

Answer: Your stepmother doesn’t get to alter the terms of your dad’s will after his death. As mentioned in a previous column, a probate case should be opened in the county where your dad died and the will is among the paperwork that should be included in that case. It would become public record at that point so you would all be able to read it.

Your stepmother’s unwillingness to play by the rules indicates that you may need some legal help to make sure your dad’s wishes are carried out. The five of you should consult a probate attorney.