Posts Tagged ‘lawyer’

Beneficiaries Who Do You Choose? Rock, Paper, Scissors, IRA, 401K?

Tuesday, February 23rd, 2010

Not sure how this came up, it might be because of the ability to transfer your IRA to a Roth IRA this year, but I recently

Who to choose? How to choose?

Who to choose? How to choose?

started thinking about who my beneficiaries should be, and how you choose them. Everyone is used to just signing spouses, parents, kids, on insurance and retirement plans, but are there guidelines? Is there a smart way to approach this?

Understand that my list isn’t very long. My husband of course, but if we go together, then what?  Since we don’t have children, that eliminates one obvious group. From there it gets dicier. When my niece and nephew were younger, they were listed so there would be money for their education.  Now they are pretty much out on their own, and while some  money for them would be a nice thing, is it the best use of the money? Do you give leave it to someone older that is needier? What about charities?

Turns out this is a much bigger issue, than just picking a couple of relatives, and signing your name. First of all, you need to decide if tax planning will be an issue (is it ever not?), or if you just want to give away the “stuff” and let your heirs deal with the tax implications. According to attorney Amie Gartenberg, “the tax tail wags the dog”, and with inheritance tax rules currently in flux…

The other thing I didn’t know, was that bequests in your IRA, 401K etc, supersede those in a will. What I also learned is that you should review all these documents periodically with your attorney. Just think about it like this, every time there’s a new president, you should probably make an appointment, as taxes seem to change with every administration. And people forget to update wills and other documents when they or their family members undergo major life changes, such as divorce, federal indictments, or a loosing poker hand.

So this year, spring cleaning for me will include dusting off my will and other documents, and making sure everything is up to date. What about you?

Don’t forget about this week’s Blogging Boomers Carnival. Where else can you find out whether spring clogs are for those of us over 40, and other great topics?

How much do you really love your loved ones?

Monday, January 18th, 2010

Everyone always gives lip service to how much they love their family, but if you don’t have a will, it’s just empty talk.

It's All About Aging Parrot LoveIn the survey we ran last fall, 45% of the people responding did not have a will. This is about on par with the national average. So what’s preventing you from doing this? If your idea of a legacy is leaving your family and friends fighting it out in probate court for years, then just go read another blog. If it’s one of those items forever haunting your to-do list, why don’t you decide to push it to the top of the list? Call your lawyer, make an appointment. If that’s to much for you, at least go to something like legalzoom, or Suze Orman’s site, where they have simple questionnaires to fill out and create a will. Here’s a pretty straightforward explanation from AARP: “Identify who will inherit your estate. Use your will to say who gets what. You can leave everything to your spouse, a painting to your granddaughter, divide everything equally between your two kids, or leave various percentages to friends and charities.”

So get to it! And for those of you who already have a will, when was the last time you updated it? Just a thought.

Don’t forget to check out this week’s Blogging Boomer’s Carnival, and please if you haven’t already, donate to the Red Cross or Doctors Without Borders to help Haiti.

Insurance Settlements, the Next Wall Street Collapse, or a Good Deal for You?

Monday, November 30th, 2009

Remember reverse mortgages? Next up,  reverse life insurance, or life settlements. Life settlements refers to the sale of a life insurance policy by its owner to an investor who will collect the death benefit. From the same group that took reasonable mortgages, and packaged them as investment vehicles, we now have insurance settlements, and the same “packaging” that brought down Wall Street, may strike again. Check out this video from a recent Good Morning America.

The next financial crisis?

The next financial crisis?

So, how does this work?

Life settlements should be considered by anyone who has a life insurance policy that is no longer needed or wanted, or where the burden of premium payment has become too great.  For example; a person who bought a policy while they had young children who are now grown up, or a policy purchased by an older person with relatively high premiums that they can no longer afford. There are many investors who purchase life settlements, as well as many brokers who arrange for sales. While the most desirable policies from an investor standpoint are Universal Life Policies, other types of policies, such as term policies, can be sold. These differ from “Viatical” settlements, which are the purchase of a policy from someone who is terminally ill at an unfair price.  This practice is highly regulated and can be prohibited in many circumstances.

If you think a life settlement might be for you, proceed with caution. Please make sure you have a trusted lawyer, or reputable financial advisor to guide you. As with so many things connected with seniors and money, there are any number of scams connected with life settlements. One of the most common, involves someone asking you to buy a life insurance policy and offering to pay the premiums in exchange for that person splitting profits from the sale of the life settlement with you. These practices are highly questionable from a regulatory standpoint and subject to challenge by insurers.

My thanks to Darren L. Ofsink of Guzov Ofsink, LLC for his expertise in this field, and especially his patience in making this understandable  to me, and I hope, all of you.

An Old Guy Walks Into a Bar…

Friday, November 13th, 2009

Yes, another blog about men and bars (dogs too).

This time, our 81 year old protagonist walks into a bar in Queens, to wager with OTB (off track betting for you non-New Yorkers), trips over a dog lying on the floor, and is suing the bar. But wait, it’s not what you think. He’s suing the bar because the fall caused him “severe pain, shock, mental anguish” and ruined his sex life with his wife, Jaclyn.

Could this ruin your sex life?

Could this ruin your sex life?

Has that sunk in yet? 81 years old and his sex life is ruined???? By a Pomeranian? No news on how much he thinks his sex life is (or was) worth, or who the lawyer is who thinks the case has merit. And just for the record, no one in the bar at the time remembers this incident. Wouldn’t you think that if he fell hard enough to smash his knee, someone would have noticed and called for an ambulance? No one is claiming the errant Pomeranian either. For the full story, check out the article in the NY Daily News. Here’s one of the comments: “wrecked his sex life??!! It probably wrecked his dreams of being star quarterback too..”

Maybe once you reach retirement age, aging at home should be for both you and the scotch? What do you think? Should we be cheering this guy on for having a sex life in his 80′s? Shouldn’t Mayor Bloomberg pass some local ordinance about tripping hazards in watering holes?

Don’t forget to check out this week’s Blogging Boomers Carnival.