Will I Get A Bill as My Inheritance?
Inheritance paper note on hundred dollar bills

Will I Get A Bill as My Inheritance?

When someone dies and leaves debts, you may ask if you have any personal liability to pay them. The answer is typically no, even though those debts don’t automatically disappear. However, there are situations in which you may have to address issues with a loved one’s creditors after they are gone, says KAKE’s recent article entitled “Can I Inherit Debt?”

The responsibility for ensuring the estate’s debts are paid, is typically that of the executor. An executor performs several tasks to wrap up a person’s estate after death. They include:

  • Obtaining a copy of the deceased’s will, if they had one, and filing it with the probate court
  • Notifying creditors and other entities of the person’s death (like the Social Security Administration to stop benefits)
  • Creating an inventory of the deceased’s assets and their value
  • Liquidating assets to pay off any debts owed by the estate; and
  • Distributing the remaining property to the individuals or organizations named in the deceased’s will (if they had one) or according to inheritance laws, if they didn’t.

In terms of debt repayment, executors must notify creditors who may have a claim against the estate. Creditors are given a set period of time to make a financial claim against the estate’s assets for repayment of debts. It’s not that uncommon for a disreputable creditor to attempt to get paid by the deceased’s relatives.

Any assets in the estate that have a named beneficiary, such as a life insurance policy, a 401(k), individual retirement account, payable on death accounts or annuity, would be transferred to that beneficiary automatically and cannot be touched by creditors.

You typically don’t inherit debts of another like you might inherit property or other assets from them. Thus, if a debt collector tries get money from you, you’re under no legal obligation to pay.

However, if you cosigned a loan with the deceased or opened a joint credit card account or line of credit, those debts are legally yours, just as much as they are the person who died. If they pass away, you’d be solely responsible for repaying them.

You should also know that you may be liable for long-term care costs incurred by your parents, while they were alive. Many states require children to cover nursing home bills, although they aren’t always enforced.

As for spouses, the same rules of debt responsibility apply. However, for debts that are in one spouse’s name only, it’s important to understand how living in a community property state can impact your liability for marital debts. If you live in a community property state (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin), debts incurred after the marriage by one spouse can be treated as a shared financial obligation.

Reference: KAKE (December 2, 2020) “Can I Inherit Debt?”

 

What Do I Need to Know about Creating a Will?

A simple or basic will allows you to specifically say the way in which you want your assets to be distributed among your beneficiaries after your death. This can be a good starting point for creating a comprehensive estate plan because you may need more than just a basic will.

KAKE’s recent article entitled “What Is a Simple Will and How Do You Make One?” explains that a last will and testament is a legal document that states what you want to happen to your property and “worldly goods” when you die. A simple will can be used to designate an executor for the will and a legal guardian for minor children and specify who (or which organizations) should inherit your assets when you die.

A will must be approved in the probate process when you pass away. After the probate court reviews the will to make sure it’s valid, your executor will take care of the collection and distribution of assets listed in the will. Your executor would also be responsible for paying any debts owed by your estate.

Whether you need a basic will or something more complex, usually depends on a few factors, including your age, the size of your estate and if you have children (and their ages).

Having a will in place can be a good starting point for estate planning. However, deciding if it should be simple or complex can depend on a number of factors, such as:

  • The size of your estate
  • The amount of estate tax you expect to owe
  • The type of assets and property you own
  • Whether you own a business
  • The number of beneficiaries you want to name
  • Whether the beneficiaries are individuals or organizations (like charities)
  • Any significant life changes you anticipate, like marriages, divorces, or having more children; and
  • Whether any of your children or beneficiaries have special needs.

With these situations, you may need a more detailed will to plan how you want your assets to be distributed. In any event, work with an experienced estate planning attorney. With life or financial changes, you may need to create a more complex will or consider a trust. It is smart to speak with an estate planning attorney, who can help you determine which components to include in your plan and help you keep it updated.

Reference: KAKE (Nov. 23, 2020) “What Is a Simple Will and How Do You Make One?”

What Do I Need to Do to Calculate and Correct an Excess IRA Contribution?

It would be super if you could put all your money into a Roth and enjoy tax-free growth and withdrawals. However, Uncle Sam restricts the amount you can contribute annually, and eligibility is based on your income. However, if you make too much money, you might be able to use a work-around called a backdoor Roth.

Investopedia’s January article entitled “How to Calculate (and Fix) Excess IRA Contributions” says there’s also a contribution limit for traditional IRAs. However, these income limits concern deducting contributions on your taxes. If you violate a rule and make an ineligible, or excess, contribution, you’re looking at a 6% penalty on the amount each year, until you correct the mistake. However, note that Roth IRAs have an extra restriction: whether you can contribute up to the limit—or anything at all—depends on your modified adjusted gross income (MAGI). If you contributed to a Roth when you made too much to qualify—or if you contributed more than you’re allowed to either IRA—you’ve made an excess contribution, which is subject to a 6% tax penalty.

The $6,000 (or $7,000) maximum is the combined total that you’re allowed to contribute to all your IRAs. Therefore, if you have a traditional IRA and a Roth IRA, your total contribution to those two accounts must be $6,000 (or $7,000). The amount you contribute can’t be more than your earned income for the year. If your earned income is $4,000, that’s the maximum you can contribute to an IRA.

The penalty of 6% of the excess amount must be paid when you file your income tax return. If you fail to fix the mistake, you’ll owe the penalty each year the excess remains in your account. If you’re not eligible to take a qualified distribution from your IRA to fix the mistake, you’ll pay an additional 10% early withdrawal penalty on earnings (interest). The IRS has a specific formula to calculate earnings (or losses) attributable to an excess contribution. There are several ways to fix an excess contribution to an IRA:

Withdraw the excess contribution and earnings. You can avoid the 6% penalty, if you withdraw the extra contribution and any earnings before your tax deadline. You are required to declare the earnings as income on your taxes. You may also owe a 10% tax for early withdrawal on the earnings, if you’re younger than 59½.

File an amended tax return (if you’ve already filed). If you remove the excess contribution and earnings and file an amended return by the October extension deadline, you can also avoid the 6% penalty.

Apply the excess to next year’s contribution. You’ll still owe the 6% tax this year, but you’ll at least stop paying once you apply the excess.

Withdraw the excess next year. If you don’t do one of the other options, you can withdraw the excess funds by Dec. 31 of the next year. You can leave the earnings, but you must remove the entire excess contribution to avoid that 6% penalty for the following year.

In addition to the formula, you must correct the excess from the same IRA. Therefore, if you have multiple IRAs, you can’t choose the IRA you want to “fix.” The last contribution is also an excess contribution. If you made multiple contributions to an IRA, the last is considered the excess contribution. Finally, you are able to distribute the entire balance to correct the excess. If the excess amount is the only contribution you made to the IRA—and no other contributions, distributions, transfers, or recharacterizations occurred in the IRA—you can fix the excess, by simply distributing the entire IRA balance by the applicable deadline.

Most people who make ineligible contributions to an IRA do so by accident, and you could contribute too much if you meet the following criteria:

  • You make more money, and it moves you up to an income eligibility range
  • You overlook a contribution you made earlier in the year; or
  • You contributed more than your earned income for the year.

In a good faith attempt to fund your retirement accounts, you could make an excess contribution. The IRS has considered that this may occur. The agency provides guidelines to help you correct the error.

Reference: Investopedia (Jan.  19, 2020) “How to Calculate (and Fix) Excess IRA Contributions”

What Do You Do with a Big Inheritance?

Wealth Advisor’s recent article entitled “Death by inheritance: Windfall can cause complications” cautions that in a community property state, if you’re married, your inheritance is separate property. It will stay separate property, provided it’s not commingled with community funds or given to your spouse. That article says that it is much harder to do than it looks.

One option is for you and your spouse to sign a written marital agreement that states that your inheritance (as well as any income from it) remains your separate property. However, you have to then be careful that you keep it apart from your community property.

If your spouse doesn’t want to sign such an agreement, then speak to an attorney about what assets in your inheritance can safely be put into a trust. If you do this, take precautions to monitor the income and keep it separate.

Another route is to put your inheritance into assets held in only your name and segregate the income from them. This is important because income from separate property is considered community property.

Another tip as far as the overall management of the inheritance, is to analyze it by type of asset. IRAs and other qualified funds take very special handling to avoid unnecessary taxes or penalties. If you immediately cash out your inherited traditional IRA, you’ll forfeit a good chunk of it in taxes. If you don’t take the mandatory distribution of a Roth IRA, you’re going see a major penalty.

Inherited real estate has its own set of issues. If you inherited only part of a piece of real property, then you’ll have to work with the other owners as to its use, maintenance, and/or sale. For example, your parents’ summer home is passed to you and your three siblings. If things get nasty, you may have to file a partition suit to force a sale, if your siblings aren’t cooperative. Real estate can also be encumbered by an environmental issue, a mortgage, delinquent taxes, or some other type of lien.

Some types of assets are just a plain headache: timeshares, partnership, or entity interests that don’t have a buy-sell agreement, along with Title II weapons (which may be banned in your state).

You can also refuse an inheritance by use of a disclaimer. It’s a procedure where you decline to take part or all of an inheritance.

Finally, speak with an experienced estate planning attorney, so you can incorporate your inheritance into your own estate plan.

Reference: Wealth Advisor (Nov. 10, 2020) “Death by inheritance: Windfall can cause complications”

Why Is a Roth IRA a Perfect Supplement to Social Security?

The average monthly Social Security is a little more than $1,500. It wasn’t designed to sustain seniors without other income.

Tucson.com’s recent article entitled “3 Reasons a Roth IRA Is a Perfect Supplement to Social Security” reminds us that it’s important to line up some additional income streams outside of those benefits. A good one to look into is a Roth IRA, and here’s why.

  1. You’re able to fund a Roth IRA at any age. Many seniors choose to work in retirement, either to make some more money or to give themselves something to do with their free time. If you go this route, you’ll have the option to put those earnings into a Roth IRA. You can contribute to a Roth IRA at any age. Therefore, if you decide to work more for the purpose of alleviating boredom and don’t need your full paychecks to live on, you can save that money and allow it to enjoy tax-free growth.
  2. Withdrawals won’t trigger taxes on your Social Security benefits. If Social Security is your only source of retirement income, you’ll probably collect your benefits in full without being subject to federal taxes. However, if your earnings exceed a certain threshold, there are taxes on Social Security income. To determine whether you’ll have taxes on your Social Security benefits, you’ll need to calculate your provisional income (your non-Social Security income plus half of your yearly benefit). You could be taxed on up to 50% of your benefits if you earn between $25,000 and $34,000 as a single tax filer, or between $32,000 and $44,000 as a married couple filing a joint return. iI your provisional income goes beyond $34,000 as a single tax filer or $44,000 as a joint filer, you could be taxed on up to 85% of your benefits. Any Roth IRA withdrawals from that account won’t count toward your provisional income. That might also leave you with more money from Social Security.
  3. Flexibility. The Roth IRA is the one tax-advantaged retirement savings account that doesn’t have required minimum distributions, or RMDs. That allows you considerable flexibility with your money. You can let your account sit there, while your money enjoys tax-free growth. You can also leave some money to your heirs, if that’s something you can afford to do.

Plan on having access to some retirement income outside of Social Security. While that income doesn’t have to come from a Roth IRA, it pays to open one and contribute steadily during your career. A Roth IRA won’t give you an immediate tax break, but your contributions will be made with after-tax dollars. Therefore, the benefits you stand to gain in retirement more than make up for that.

Reference: Tucson.com (Oct. 5, 2020) “3 Reasons a Roth IRA Is a Perfect Supplement to Social Security”

Protecting Inheritance from the Taxman
Illustration of businessman with small income running away from tax paper monster

Protecting Inheritance from the Taxman

Wealth Advisor’s recent article entitled “4 Ways to Protect Your Inheritance from Taxes” explains that inheritances aren’t considered income for federal tax purposes—whether it’s cash, investments or property. However, any subsequent earnings on the inherited assets are taxable, unless it comes from a tax-free source. You must report the interest income on your taxes. Any gains when you sell inherited investments or property are also taxable (but you can usually also claim losses on these sales). Remember that state taxes on inheritances vary, so ask an experienced estate planning attorney for details. Let’s look at fours steps you can take to protect your inheritance:

Look at the alternate valuation date. The basis of property in a decedent’s estate is the fair market value (FMV) of the property on the date of death, but the executor might use the alternate valuation date, which is six months after the date of death. This is only available, if it will decrease both the gross amount of the estate and the estate tax liability, typically resulting in a larger inheritance to the beneficiaries. If the estate isn’t subject to estate tax, then the valuation date is the date of death.

Use a trust. If you know you’re getting an inheritance, ask that they create a trust for the assets. A trust lets you to pass assets to beneficiaries after your death without probate.

Minimize retirement account distributions. Inherited retirement assets aren’t taxable, until they’re distributed. There are rules as to when the distributions must happen. If one spouse dies, the surviving spouse usually can take over the IRA as his or her own. Required minimum distributions (RMDs) would begin at age 72, just as they would for the surviving spouse’s own IRA. However, if you inherit a retirement account from someone not your spouse, you can transfer the funds to an inherited IRA in your name. You have to start taking minimum distributions the year of or the year after the inheritance, even if you’re not yet 72.

Make some gifts. It may be wise to give some of your inheritance to others. It will be a benefit to them, but it could also potentially offset the taxable gains on your inheritance with the tax deduction you get for donating to a charitable organization. If want to leave money to people when you die, you can give annual gifts to your beneficiaries while you’re still living up to a certain amount—$15,000 for to each person without being subject to gift taxes. Gifting also reduces the size of your estate, which can be important if you’re close to the taxable amount. Talk with an experienced estate planning attorney to be certain that you’re staying current with the frequent changes to estate tax laws.

Wealth Advisor (Sep. 15, 2020) “4 Ways to Protect Your Inheritance from Taxes”

What Do I Need to Do When my Spouse Dies?
Close up of a man's hand with wedding ring resting on a headstone in a cemetery.

What Do I Need to Do When my Spouse Dies?

Investment News’ recent article entitled “When a spouse passes away” provides some thoughts on how to prioritize the essential responsibilities, so grieving spouses aren’t overwhelmed with the number of tasks involved. This can include contacting insurance companies, Social Security, Medicare and banks, along with the funeral planning and dealing with family needs.

  1. Don’t go it alone. Get some help from your siblings, children, or friends. It is a stressful time, so don’t be afraid to recognize when you need help and assign some of the jobs. In most cases, family members will want the opportunity to help. This lets them participate in honoring the person you’ve lost and ensure that all responsibilities are fulfilled. It can include contacting family and friends and helping prepare for the funeral.
  2. Don’t rush. There are just a few things you need to accomplish within the first week, like planning for funeral services, looking into veteran benefits, if applicable, notifying friends and family and requesting 10 to 15 death certificates from the funeral home. That is because each financial institution or insurer will want an original death certificate. You should also be contacting your estate planning attorney for guidance, if there are any special things that need to be done according to your spouse’s will.

Within the first few weeks after the passing of your spouse, contact their health insurance provider and Medicare to tell them of your spouse’s death, so you can stop paying premiums. Call your spouse’s employer (if applicable, to ask if there were death benefits or other benefits or eligible pensions). Contact your financial adviser to review your financial accounts and confirm any automatic distributions that might be set up. Call life insurance companies, if your spouse had life insurance policies, as well as other insurance companies with which you have policies for property and casualty (home and auto), long-term care and disability coverage. Review bank accounts, bills and credit cards to confirm all expenses are either set up to be paid automatically or will be paid on time. You also need to have access to your spouse’s phone and email accounts to confirm that you are seeing and reviewing all financial notifications.

  1. Work with an experienced estate planning attorney. Your lawyer can help guide you through the most difficult time of your life. He or she will be able to advise on the issues you need to prioritize, especially to ensure that your finances are still in line, not only for you but for future generations. Make certain to include a family member or friend on your phone calls or meetings to help take notes and guide the conversation. That way, you don’t have to remember everything. Ask that these meetings are memorialized in a follow up email.
  2. Things will be different. After the services and the initial mourning period are over, you may be alone for some time. That’s a big change for many people who lose a spouse. Keep regular communication with friends and family. Consider grief counseling and make regular plans to get yourself out of the house.
  3. There can be a ton of paperwork. There will be busy work, like changing the name on car titles, utility bills, insurance policies, investment accounts, bank accounts and phone bills, as well as administering your family trusts and making updates to your own estate planning documents.

You need to give yourself plenty of time and space to grieve, rest and remember your loved one.

Reference: Investment News (Aug. 11, 2020) “When a spouse passes away”

What Should I Know about Beneficiaries?

When you open most financial accounts, like a bank account, life insurance, a brokerage account, or a retirement account (e.g., a 401(k) or IRA), the institution will ask you to name a beneficiary. You also establish beneficiaries, when you draft a will or other legal contracts that require you to specify someone to benefit in your stead. With some trusts, the beneficiary may even be you and your spouse, while you’re alive.

Bankrate’s article entitled “What is a beneficiary?” explains that the beneficiary is usually a person, but it could be any number of individuals, as well as other entities like a trustee of your trust, your estate, or a charity or other such organization.

When you’re opening an account, many people forget to name a beneficiary, because it’s not needed as part of the process to create many financial accounts. However, naming a beneficiary allows you to direct your assets as you want; avoid conflict; and reduce legal issues. Failing to name a beneficiary may create big headaches in the future, possibly for those who have to deal with sorting out your affairs.

There are two types of beneficiaries. A primary beneficiary is first in line to receive any distributions from your assets. You can disburse your assets to as many primary beneficiaries as you want. You can also apportion your assets as you like, with a certain percentage of your account to each primary beneficiary. A contingent beneficiary receives a benefit, if one or more of the primary beneficiaries is unable to collect, such as if they’ve died.

After you’ve named your beneficiaries, it’s important to review the designations regularly. Major life events (death, divorce, birth) may modify who you want to be your beneficiary. You should also make certain that any language in your will doesn’t conflict with beneficiary designations. Beneficiary designations generally take precedence over your will. Check with an elder law or experienced estate planning attorney.

Finally, it is important to understand that a minor (e.g., typically under age 18 in most states) usually can’t hold property, so you’ll need to set up a structure that ensures the child receives the assets. One way to do this, is to have a guardian that holds assets in custody for the minor. You may also be able to use a trust with the same result but with an added benefit: in a trust you can instruct that the assets be given to beneficiaries, only when they reach a certain age or other event or purpose.

Reference: Bankrate (July 1, 2020) “What is a beneficiary?”

Can I Protect My Estate with Life Insurance?

With proper planning, insurance money can pay expenses, such as estate tax and keep other assets intact, says FedWeek’s article entitled “Protect Your Estate With Life Insurance.”

The article provides the story of “Bill” as an example. He dies and leaves a large estate to his daughter Julia. There are significant estate taxes due. However, most of Bill’s assets are tied up in real estate and an IRA. Julia may not want to hurry into a forced sale of the real estate. If she taps the inherited IRA to raise cash, she’ll be forced to pay income tax on the withdrawal and lose a valuable opportunity for extended tax deferral.

A wise move for Bill would be to purchase life insurance on his own life. The policy’s proceeds could be used to pay the estate tax bill. Julia will then be able to keep the real estate, while taking only the Required Minimum Distributions (RMDs) from the inherited IRA. If Julia owns the insurance policy or it’s owned by a trust, the proceeds probably will not be included in Bill’s estate and won’t help with the estate tax obligation.

However, there are a few common life insurance errors that can damage an estate plan:

Designating the estate as beneficiary. If you make this move, you put the policy proceeds in your estate, where the money will be exposed to estate tax and your creditors. Your executor will also have additional paperwork, if your estate is the beneficiary. Instead, be certain to name the appropriate people or charities.

Designating a single beneficiary. Name at least two “backup” or contingency beneficiaries. This will eliminate some confusion in the event the primary beneficiary should predecease you.

Placing your life insurance in the “file and forget” file. Be sure to review your policies at least once every three years. If the beneficiary is an ex-spouse or someone who has passed away, you need to make the appropriate change and get a confirmation, in writing, from your life insurance company.

Inadequate insurance. You may not have enough life insurance. If you have a young child, it may require hundreds of thousands of dollars to pay all of his or her expenses, such as college tuition and expenses, in the event of your untimely death. Skimping on insurance may hurt your surviving family. You also don’t need to be so thrifty, because today’s term insurance costs are very low.

Reference: FedWeek (June 11, 2020) “Protect Your Estate With Life Insurance”

When will Social Security Stimulus Checks Arrive?

There have been a few hiccups in the distribution of stimulus checks, and some people may have to wait months before their check is delivered. Most of us are able to monitor the status of our check by using the IRS’s Get My Payment tool. However, for many Social Security beneficiaries, they’ll see a message that says “Payment Status Not Available.” That’s because most Social Security recipients don’t file tax returns.

Motley Fool’s ’s recent article entitled “Social Security Beneficiaries: Here’s When You’ll Get Your Stimulus Check” advises that if you are unable to track your payment, here’s when you can expect to receive your stimulus money if you’re collecting Social Security benefits.

Those first to see their stimulus checks will be the ones who have their direct deposit information on file with the IRS. The agency will deposit the stimulus check straight to their bank account.

However, if you receive your benefits in the mail via paper check, or if you’re not certain if your bank account information is on file, you can provide your information through the Get My Payment tool. This will help you get your check faster.

While using direct deposit will ensure you get your check the quickest, you can get your check in the mail instead if your bank account info isn’t on file. The IRS started sending stimulus checks the week of April 20, and it expects to mail out about five million checks per week. At that rate, it could take 20 weeks for all checks to be delivered.

Whether you receive your check in days or months will depend on your income. The IRS is sending checks in a particular order, and those with the lowest-income individuals will get their checks first. If your income is nearer to the $99,000 per year income limit (or $198,000 per year for married couples), you might not receive your check until late August or early September.

If your income is somewhere in the middle, it’s estimated that you’ll get your check sometime this summer.

If you’re receiving Supplemental Security Income (SSI), you’ll see your stimulus payment in early May, according to the IRS. Whether you receive that money via direct deposit or paper check will be based on whether the IRS has your bank account information on file.

The COVID-19 pandemic has caused a real financial hardship for millions of Americans, and waiting for your stimulus check can be stressful, especially if money is tight and you need the extra money. However, it’s a little easier when you can at least calculate when your cash is expected to be delivered.

Reference: Motley Fool (April 27, 2020) “Social Security Beneficiaries: Here’s When You’ll Get Your Stimulus Check”