Showing posts with label bank. Show all posts
Showing posts with label bank. Show all posts

Wednesday, September 3, 2014

Five Reasons Why Joint Accounts May Be a Poor Estate Plan

Many people, including seniors, view joint ownership of investment and bank accounts as a cheap and easy way to avoid probate since joint property passes automatically to the joint owner at death. Joint ownership can also be an easy way to plan for incapacity since the joint owner of accounts can pay bills and manage investments if the primary owner falls ill or suffers from dementia. These are all benefits of joint ownership, but three potential drawbacks exist as well:

Risk. Joint owners of accounts have complete access and the ability to use the funds for their own purposes. Many elder law attorneys have seen children who are caring for their parents take money in payment without first making sure the amount is accepted by all the children. In addition, the funds are available to the creditors of all joint owners and could be considered as belonging to all joint owners should they apply for public benefits or financial aid.  Many elder attorneys have seen their clients' accounts embroiled in creditor claims and nasty divorces against their clients' children. 

Inequity. If a senior has one or more children on certain accounts, but not all children, at her death some children may end up inheriting more than the others. While the senior may expect that all of the children will share equally, and sometimes they do in such circumstances, but there's no guarantee. People with several children can maintain accounts with each, but they will have to constantly work to make sure the accounts are all at the same level, and there are no guarantees that this constant attention will work, especially if funds need to be drawn down to pay for care.

The Unexpected. A system based on joint accounts can really fail if a child passes away before the parent. Then it may be necessary to seek guardianship to manage the funds or they may ultimately pass to the surviving siblings with nothing or only a small portion going to the deceased child's family. For example, a mother put her house in joint ownership with her son to avoid probate and Medicaid’s estate recovery claim. When the son died unexpectedly, the daughter-in-law was left high and dry despite having devoted the prior six years to caring for her husband's mother.

Disputes. Planning based upon individual accounts really does nothing to inform your family regarding your ultimate wishes.  Do you ultimately want to prefer one family member over another?  If the effect of planning using individual accounts results in an inequality to family members, was it intended or anticipated?  Of course, the resulting ambiguity is the cause of lawsuits, claims, disagreements, and hard feelings.  

Fraud.  Asset transfers late in life are particularly troubling, if they work to defraud your heirs and/or are not a reflection of your wishes.  A plan based upon individual assets and accounts does little to protect your family.  On the other hand, a comprehensive plan involving a trust or well-drafted will can better protect your family from late-in-life transfers by informing your family and authorities of your estate planning objectives.  

Joint accounts do work well in two situations. First, when a senior has just one child and wants everything to go to him or her, joint accounts can be a simple way to provide for succession and asset management. It has some of the risks described above, but for many clients the risks are outweighed by the convenience of joint accounts.

Second, it can be useful to put one or more children on one's checking account to pay customary bills and to have access to funds in the event of incapacity or death. Since these working accounts usually do not consist of the bulk of a client's estate, the risks listed above are relatively minor.

For the rest of a senior's assets, wills, trusts and durable powers of attorney are much better planning tools. They do not put the senior's assets at risk. They provide that the estate will be distributed as the senior wishes without constantly rejiggering account values or in the event of a child's incapacity or death. And they provide for asset management in the event of the senior's incapacity.

For more information review the previous post regarding direct transfer designations, such as Transfers on Death (TOD) and Payable on Death (POD) designations.  Joint ownership, TODs and PODs share many of the same disadvantages.   

Saturday, February 13, 2010

CitiMortgage Program to Aid Borrowers Avoid Foreclosure Costs

According to an article written by Les Christie, and published on CNNMoney.com, CitiMortgage, one of the nation's largest mortgage servicers, launched a pilot program Friday designed to ease the pain of some homeowners heading for foreclosure.  The program, a modification of a traditional deed in lieu of foreclosure, gives borrowers new and substantial  incentives to avoid the legal and administrative costs of foreclosure.

Instead of borrowers falling further and further behind on their mortgages, leading to an eventual foreclosure sale, they can stay in their homes for up to six months, if they agree to then hand over the deed to the lender. 
CitiMortgage will then, additionally, pay the borrowers a minimum of $1,000 to help with relocation expenses.  CitiMortgage will also provide relocation counseling, and may even cover some monthly property expenses while the borrowers remain in their homes, if Citi determines the borrowers can't afford the expenses.Citi will also forgive any difference between the value of the home at time of repossession and what the borrower owes. Once the deed goes back to the lender, the borrowers walk away free and clear.

Tuesday, June 30, 2009

If Your Mortgage Lender Goes Under: What To Do

On June 18th, 2008, Fremont General Corp., the Brea-based parent of the bank (and former subprime lender) Fremont Investment & Loan, filed for Chapter 11 bankruptcy. This action follows other major banks heading to the bankruptcy court, including Middletown, Conn.-based Mortgage Lenders Network USA, in February 2007, and American Home Mortgage Company in August 2007. Other mortgage lenders are also sending out distress signals. Here's what you need to know if your mortgage lender goes out of business.

Most Importantly, keep making your payments! Regardless of what kind of trouble the mortgage company may be in, you still need to send in your payments on time. You are legally obligated by a note and mortgage to make the payments. Remember, your payments are considered an asset to the company. If a lender declares bankruptcy, those assets will just be sold to another lender. The other lender will, no doubt, hold you to your obligation.
In most cases, government-sponsored enterprises like Fannie Mae, Freddie Mac or Ginnie Mae will handle the transfer. But rest assured, there will be someone who wants to get your monthly check.

But you should review your mortgage so that you know your rights. The terms of your loan should always stay the same, no matter who holds your loan. It's important that you thoroughly review the details of your mortgage agreement. The interest rate and the type of loan you get should not change. If your lender does sell your mortgage, you should receive a letter from the company within 15 days that outlines the new mailing address and payment deadline.

You should also be given a toll-free telephone number that you can call if you have any questions. You must get a grace period of 60 days to get your payments to the right place on time. If you have any complaints or issues, write a letter to your lender. The company is required to respond within two months of getting your letter.

If you have paid off your loan in full, and you want a mortgage satisfaction documents from the company when it's no longer in business, call your attorney or go to your State Attorney General's office. There you can find out the status of the company. You should be able to find out who you can contact.

You may find negotiation with the new lender more difficult. A servicer - the company you make your monthly check out to - may not think it's worth its while to negotiate with homeowners to lower monthly payments. Some servicers have to front money to the loan holders if this happens. Plus, in many other cases, there are limits to how much interest and principle can be forgiven.

In some cases servicers can negotiate payments on only 5 percent of loans. The bottom line here is - no matter who you make your monthly check out to - get on the phone if you're having trouble making payments. The sooner you bring attention to the problem, the better off you'll be.

Of course, if you have problems or questions, please see your attorney before legal action is taken against you.

Personal finance news - CNNMoney.com

Finance: Estate Plan Trusts Articles from EzineArticles.com

Home, life, car, and health insurance advice and news - CNNMoney.com

IRS help, tax breaks and loopholes - CNNMoney.com