From our “Ask a Question” mailbag: Last year, my mother died in Chester County and named me as beneficiary of her life insurance. As my children were the contingent beneficiaries, I decided to disclaim the inheritance, so the insurance money passed to my children. I was recently in a car accident. If I am sued, can they claim that life insurance money?
From our “Ask a Question” mailbag: My only asset is a large individual retirement account (IRA). I am 79 years old and am worried that, in the next few years, I may have to move into assisted living or a nursing home. Can I move my IRA into an Irrevocable Trust to shelter it from creditors?
From our “Ask a Question” mailbag: My father died a resident of Delaware County, Pennsylvania and named his girlfriend as beneficiary of his life insurance policy and pension. I was listed as a secondary beneficiary. Can my father give his life insurance and pension to his girlfriend instead of his children?
From our “Ask a Question” mailbag: My friend who lives in Philadelphia asked me to pay off his bills from his checking account if he passes away. Am I able to use that as proof or do I need something signed saying so?
From our “Ask a Question” mailbag: My husband received a small sum from his aunt’s estate. We looked up the will ourselves at the Camden County Surrogate, and we believe he should have gotten more. The executor will not answer our questions. What can we do?
From our “Ask a Question” mailbag: My wife’s and my estates are worth about $3,000,000, including a one million dollar life insurance policy on my life. At my death, my wife will receive the benefits from that policy. Upon both of our deaths, our assets pass to my son. Now that the federal estate taxexemption is over five million dollars, does an Irrevocable Life Insurance Trust provide me any benefit?
From our “Ask a Question” mailbag: My partner is much older than I and I am worried about the costs of carrying for him in his old age. Would long term care Insurance be a good idea?
From our “Ask a Question” mailbag: I want to loan my son some money at a low rate, but I do not want to create a fight between him and my other children at my death. What do you suggest?
Interfamily loans can become the source of much conflict between the children of a deceased parent. I find the best way to defuse the situation is to document everything very clearly, to keep the family informed about the loan, and to address the loan in your will.
Documenting the loan can be very straightforward and the loan terms can be written out on one or two pages.
From our “Ask a Question” mailbag: My mother’s caregiver informed us at the funeral that my mother signed a will giving the caregiver all her money. What can we do?
In general, if she has not filed the will yet, you could have an experienced will contest lawyer file paperwork to stop her from filing the will. You can then take stock of the situation. You will then know when the will was signed, who are the witnesses, if the signature is your mother’s, and who drafted the will. You can also surmise your mother’s mental state on the date the will was signed.
If you have named your children as beneficiaries of your individual retirement account (IRA), you have likely made a mistake that exposes the IRA to your children’s spouses, to their creditors and to easily avoidable future inheritance and estate taxes. Forming and naming an IRA Trust for your child as the beneficiary easily corrects this mistake.
Congress requires that all qualified retirement plans—including IRAs, SEP-IRAs, 401(k) plans, and 403(b) plans—must allow an IRA Trust to be named as a beneficiary. By doing so, Congress allows you to form an IRA Trust for your child that allows the Inherited plan to remain tax-deferred.
