Connect with us

Company

My sister became my father’s power of attorney, took out a reverse mortgage on his home, and installed a security camera to monitor visitors

Published

on


Dear Moneyist,

My father was always fair, but a bit of a pushover. He had a great career as a computer engineer, was retired, divorced my mom, lived alone in his home and developed dementia 10 years ago.

My sister made herself his power of attorney without consulting me or my brother. I didn’t find out until I did a public-record search on his property three years after the dementia diagnosis. She also signed a reverse mortgage on his property. I was stunned. I talked to my dad and he said did not do this.

My father’s lawyer said he wouldn’t do anything about my complaints unless my father initiated it. My sister made it difficult to see him or talk to him, and watched him like a hawk. She installed a camera and she moved down the street so, if visitors like myself went to his house, she would show up immediately.


‘My father’s lawyer said he wouldn’t do anything about my complaints unless my father initiated it.’

My sister maintained secrecy. Her son moved into his house without paying rent and developed a drug problem. He went to rehab, which must have been expensive since he had no job and no insurance. I hate to think he may have stolen my father’s insulin syringes to use for his drug habit.

Two years ago my father passed away. The weeks leading up to this, my mother told me he “wasn’t well” and “in a nursing home,” but she didn’t know which one. I frantically called dozens in the area, but I couldn’t find out. It was distressing and sad.

The Moneyist:My elderly father was physically abusive, and will leave his farm to my two sisters. Should I contest his will?

My father’s attorney said he now represents my sister, not the estate. My mother said this lawyer — our cousin — also mishandled my father’s 401(k), losing it all. The lawyer said it was lost in the stock market crash. The will said my sister is the executor of his estate. But it was signed and written after he became ill. My father’s will left everything equally to each of my siblings, but it also said gifts didn’t have to be distributed equally.

My sister refused to tell us how the cash from the reverse mortgage was spent. My father had a good retirement income. Over $435,000 was spent in the six years before his death from the reverse mortgage. The lawyer said if my father were in a nursing home during that time he would have had nothing left.


‘My father’s will left everything equally to each of my siblings, but it also said gifts didn’t have to be distributed equally.’

The house was sold and the proceeds split. I can’t help feeling that my sister did not hold up to her fiduciary duty as her power of attorney, and gave it to herself because my father was so frugal.

My sister had no job, and no income other than her boyfriend’s income. But her boyfriend and her son must have six cars by now. Her boyfriend is from another country, and works in construction. I fear they sent money overseas when his sister evidently visited at one point. I know my sister feels her boyfriend is entitled to top dollar for his work and most likely bilked my father’s estate on home repairs.

What should my brother and I do? The estate hasn’t closed yet, I think, but she isn’t talking.

Disturbed sister

The Moneyist:My wife and I have 3 kids. I also have 3 kids from a previous marriage. How should we split our house among these 6 children?

Dear Disturbed,

The time to act is now.

There’s something fishy about your father’s lawyer’s reluctance to take any of your concerns seriously. It’s time to hire another lawyer, contact your father’s bank and file a petition with the probate court to replace her as power of attorney. Your father’s bank accounts may be empty, but I would freeze those, and any other retirement and life insurance policies too. You can go through mail at your father’s house, with your mother’s permission, and write a list of all of the banks and insurance companies with which he did business.

Want to read more?Follow Quentin Fottrell on Twitterand read more of his columns here.

It’s always more difficult to retrieve money that has been pilfered from an estate or, in this case, when an elderly parent’s home is used as an ATM. If $435,000 was spent on your father’s nursing-home care, there should be a paper trail for that. You may also decide to report your father’s lawyer to your state’s bar association, if he does not cooperate and/or continues to leave questions unanswered. As you say, a power of attorney has a fiduciary duty to act in the best interests of the individual and only make investments with his/her permission.

Don’t ruminate on this situation. There is a statute of limitations on wills, and the clock usually starts ticking after the will has been filed with the probate court. It may be a case of restoring some kind of justice and fairness to this process, and holding your sister accountable, rather than being able to claw back the money that has been drained from your father’s estate, assuming it was done so in a nefarious manner. Your father cannot act on his own behalf in a legal manner if he suffered from dementia. His lawyer knows that. His sister knows that. As does every court in the land.

The Moneyist: I didn’t receive a $1,200 stimulus check during the first surge of COVID-19. Will I get a $600 check this time around?

Hello there, MarketWatchers. Check out the Moneyist private Facebook
FB,
+0.75%

 group where we look for answers to life’s thorniest money issues. Readers write in to me with all sorts of dilemmas.

Quentin Fottrell is MarketWatch’s Moneyist columnist. You can email The Moneyist with any financial and ethical questions at qfottrell@marketwatch.com. By emailing your questions, you agree to having them published anonymously on MarketWatch.





Source link

Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Company

Emerging market equities’ place in retirement portfolios

Published

on

By


How much should you allocate of your retirement portfolio to emerging market equities?

It’s a timely question, since many widely-followed Wall Street firms are telling their clients that emerging market stocks are the only equity category whose expected return over the next decade is above inflation. Perhaps the most prominent of such firms is GMO, the Boston-based investment firm co-founded by Jeremy Grantham. It is projecting that the emerging market equity category will beat inflation over the next seven years by 5.0% annualized. In contrast, the firm is forecasting a 6.2% annualized loss to inflation over the same period for the S&P 500
SPX,
+1.95%
.

As is also widely known, however, GMO has been making similar forecasts for many years now, and at least so far has been very wrong. Over the trailing 10 years, according to FactSet, the iShares MSCI Emerging Markets ETF
EEM,
+1.09%

  has produced a 3.4% annualized return, almost 10 annualized percentage points below the 13.3% annualized return of the SPDR S&P 500
SPY,
+1.84%
.

Fortunately for our purposes, Credit Suisse has just released the latest edition of its Global Investment Returns Yearbook, authored by finance professors Elroy Dimson, Paul Marsh, and Mike Staunton. This yearbook arguably is the most comprehensive database of global returns, as it reports performance since 1900 for “equities, bonds, cash, currencies and factors in 23 countries.” For the first time, furthermore, this year’s yearbook was “broadened to include 90 developed markets and emerging markets.”

This long-term perspective is especially crucial when assessing emerging markets. That’s because we can all too easily forget that many emerging stock markets disappeared altogether at various points since 1900 due to “major events such as revolutions, wars and crises.” Their losses need to be taken into account when judging emerging markets’ prospects, and this Yearbook does.

This long-term perspective is crucial for another reason as well: Some emerging markets over the last 121 years have performed so spectacularly that they graduated to the “developed” category. Index providers employ a complicated methodology for determining when that graduation takes place and, as you can imagine, a lot is riding on that determination. But the inevitable result is that some of these emerging markets’ spectacular performance gets credited to developed market benchmarks rather than to emerging market indices. This yearbook’s authors employ an elaborate methodology to place each market each year in the appropriate categories.

You may say you don’t care how a country’s stock market is classified, just so long as it performs well. But you should care. If you invest in emerging market equity index funds, you at least implicitly are relying on the decisions that index providers make about what counts as an emerging market. There’s no way around it.

Long-term performance

Without further ado, let me turn to what the Credit Suisse Yearbook reports. Over the last 121 years, emerging market equities have produced a 6.8% annualized return to a US-dollar investor, 1.6 percentage points below that of developed markets’ 8.4% annualized. I note in passing that developed market bonds beat emerging market bonds over this period by a similar magnitude: 4.9% annualized versus 2.7%. These returns are plotted in the accompanying chart.

These long-term returns suggest that the last decade’s results are not as unusual as they may otherwise seem.

Do these results mean that there’s no need to allocate any of your retirement portfolios to emerging market equities? Not necessarily. Part of the rationale for investing in them derives from their potential diversification benefits: If they zig while developed market equities zag, and vice versa, then a portfolio that invests in both would incur significantly lower volatility, or risk, than one that invests in developed market equities alone. This in turn could translate to superior risk-adjusted performance even if emerging market equities underperform.

The yearbook’s authors find that emerging market equities do provide some diversification benefit. However, that benefit has been declining over the last several decades, as correlations between their returns and those of developed markets have been rising.

The bottom line? I came away from this latest edition of the Credit Suisse Yearbook with diminished long-term expectations for emerging market equities.

That doesn’t mean we should automatically avoid them. But we should base any decision to invest in them on other factors besides their long-term returns.

GMO and the other firms advocating for emerging market equities do just that, by the way, basing their bullishness on valuation considerations. They believe that emerging market stocks are very cheap, according to any of number of valuation metrics, both in their own right and relative to developed market (and especially U.S.) stocks.

GMO and similar firms may very well be right, of course. But the 121-year record suggests that they will have to be very right indeed to overcome emerging market equities’ long-term tendency to lag developed market equities.

Mark Hulbert is a regular contributor to MarketWatch. His Hulbert Ratings tracks investment newsletters that pay a flat fee to be audited. He can be reached at mark@hulbertratings.com.



Source link

Continue Reading

Company

‘I want to hurt him the same way he hurt me’: My husband sprung a prenup on me 3 days before our wedding. Now I’m starting my own business and want to amend it

Published

on

By


Dear Quentin,

I was married just over 2 years ago and I have been in the same relationship for more than 10 years. We have both been single parents from prior relationships. Considering our age gap, he is much more successful in life as a sole proprietor. He’s 56, and I’m 40. He talked about a pre-nuptial agreement during our relationship, but he did not spring it on my until 3 days prior to our wedding day.

We discussed nothing as to what would go into the agreement. I was severely depressed, cried uncontrollably for days. Even reliving this is causing heartache. I consulted with my attorney but decided to sign it rather than not go through with the wedding. For two years, I asked for a copy and he couldn’t find it: When I finally had enough, I found it in his office, and made myself a copy.


‘I’m angry at myself now because there are provisions I would have included had I had more time to think about it.’

I still don’t fully understand what happened, and I’m angry at myself now because there are provisions I would have included had I had more time to think about it. My parents will be willing me a home, and a nice considerable amount of cash. I’m not in his will, there is no life-insurance policy, and I’m not listed on the deed of the second vacation home “we” bought before we married, but he wants to say how everything is ours.

Technically, it isn’t. Now that I am about to start my own venture, which may be lucrative, potentially six figures a year, I want to amend the prenuptial agreement. In a way, I want to hurt him the same way he hurt me. It’s caused a lot of resentment on my end as I feel he never trusted me, although I have never asked him for anything. If he dies tomorrow, what is going to happen to me?

Should I amend the prenuptial agreement? Is it possible that the current prenuptial agreement is null and void?

Postnuptial State of Mind in Pennsylvania

You can email The Moneyist with any financial and ethical questions related to coronavirus at qfottrell@marketwatch.com

Dear Postnuptial,

You should know what’s in your own prenuptial agreement, given that’s it’s a legal document you both signed. I don’t understand why you did not have a copy when you originally signed the document, and why you didn’t actively insist on a discussion. With the help of your lawyer, that was your job to make sure that happened. You had the choice to call off the wedding and/or sit down and read every page. I’m not saying this to be provocative, but to remind you that taking responsibility for this sequence of events is more constructive than taking umbrage at your husband.

But let’s be very clear: Three days notice of a prenuptial agreement before your wedding without any willingness to compromise on the details or discuss them is sorely lacking in consideration, and is a chaotic and unsettling start to a marriage. I understand why it left you reeling, and why you felt both confused and angry. Prenups are enforceable in Pennsylvania, which is a marital property state, meaning that — in the absence of a prenup — assets are distributed in a fair and equitable manner. Inheritance is not considered marital property, so you should have no worries on that front.

Your prenuptial agreement should reflect that you both maintain your separate finances/assets in the event you divorce. In other words, what’s his is his and what’s yours is yours. He can’t have it both ways. According to Rowe Law Offices in Pennsylvania, “Historically, courts sometimes set aside premarital agreements when they were unreasonable; left one spouse destitute; were made without full disclosure of a spouse’s property and debt; were signed under duress or without mental capacity; were the product of fraud or misrepresentation; and so on.”

Should you amend the prenup? You can certainly create an amendment, as long as both of you are in agreement, or sign a new postnuptial contract that supersedes the original contract. But that is a question only you can answer based on what the prenup actually says, and whether you lawyer believes it is written in a way that gives you both the same financial independence post-divorce. The whole business seems messy and unpleasant. It was not a good way to embark on a marriage and, as a tangent to your question, it’s not a good way to continue one.

Certainly something needs to change. From the little you have said, it appears to be a marriage that lacks transparency and mutual respect. You need a financial therapist, a mediator or your own counselor to examine the causes and cures of this toxic atmosphere. Starting a business should be a time of optimism and joy, not steeped in an “I’ll show you” entrepreneurial revenge fantasy. Getting married is the biggest financial decision you will make in your life, if only because the toll divorce takes on an individual, and because you may end up taking turns supporting each other.

If this marriage ends, you should both leave with what you brought into it. Given that, the real issue here is not what happens in the event of a divorce, but everything else that comes before it.

The Moneyist:My wife has homeschooled our son and our best friends’ son since September due to COVID-19. Is it too late to bring up money?

Hello there, MarketWatchers. Check out the Moneyist private Facebook
FB,
+0.87%

 group where we look for answers to life’s thorniest money issues. Readers write in to me with all sorts of dilemmas. Post your questions, tell me what you want to know more about, or weigh in on the latest Moneyist columns.

By emailing your questions, you agree to having them published anonymously on MarketWatch. By submitting your story to Dow Jones & Company, the publisher of MarketWatch, you understand and agree that we may use your story, or versions of it, in all media and platforms, including via third parties.



Source link

Continue Reading

Company

I lost my job at 55 and started my own successful business. I now constantly get texts from friends and former coworkers asking how I did it. What do I do?

Published

on

By


I read your column regularly. I never thought that I would reach out to you with my own issues. But I was wrong. I’m hoping you can help on how best to handle this situation.

In 2016, I lost my long-term job. The company simply went through serious changes, and my position was no longer needed. They were great to me when I worked there, and they gave me a small severance package. I was 55 at the time. I was more than a bit anxiety ridden as I wasn’t in a position to retire, and I was concerned about the prospects of being rehired at this age. The good news is that I was a saver, had no debt and always lived frugally. My husband’s job carried the benefits.


‘I woke up every morning at 4 a.m. to research, research, research how best to use my resources and ended up starting a small business.’

I woke up every morning at 4 a.m. to research, research, research how best to use my resources and ended up starting a small business. Once I started, I made mistakes, messed things up but I kept educating myself more and more. There were tough times that were not easy to get through, but I was determined, and kept going.

After about 18 months, it was working! Everything fell into place, and the train finally started going down the track! Now, I wake up each day and think, ‘I own a small business!’ My hubby even took early retirement to partner with me. While we are not making $1 million, we crossed over into six digits over the past few years.

We run our business out of a home office. I offer a service based on my knowledge from my prior job that I lost. So what is the problem? Several times a month, friends and prior co-workers reach out to us to ask how they too can get started in what we do.

This is just one example of the text I woke up to this morning:

“We are thinking about starting our own business as a husband and wife team like you. We want to discuss this with you, and learn from your experiences. What day and time would be good for you? Early morning or late afternoon? Can you come to our house?”

These requests send me to the moon and back, and I’m not totally sure why. I’m struggling with being a good human being and helping them vs. asking myself why would I want to train my competition to take business away from ourselves?

I liken these friends and former colleagues to the kids at school who march right to the head of the lunch line to get their food, without waiting in line like the rest of us.

My husband and I built relationships across the country and locally, but we do not live in a town where there is enough business for all of us.

Quentin, I hope you can help me sort through how best to decline these requests or tell me if I am wrong? We will retire in 6 years, and we hope to sell the business at that time.

Enjoying My Second Act (& Want It To Last)

You can email The Moneyist with any financial and ethical questions related to coronavirus at qfottrell@marketwatch.com

Dear Second Act,

Your life and business is not a blueprint for anyone. Your path is your own. Your timing was right for you. You did your boots-on-the-ground research, and it’s paying dividends. And you’re correct: Never underestimate your own ability to build relationships. Not everybody has that skill.

That text sounds like an aggressive sales pitch: a strong-armed approach with a smile. No. 1: If they are asking you to do them a favor, regardless of what that favor is, suggesting you do it on their terms is a no-no. If these friends are not willing or able to get off their sofa and come around to your home or meet you close to your house or business, how do they expect to start their own business from scratch, and go above and beyond to build both a reputation and a business?


‘Pushy people tend to know they’re being pushy. They just don’t care.’

No. 2: Pushy people tend to know they’re being pushy. They just don’t care. They may need you to acquiesce to their requests for the reassurance that others can and will bend to their will OR perhaps they simply have their eye on their goal and everyone else are minions (with a lower case “m”). You don’t need to worry about their psychology, of course, but you do need to be just as tough and push back. If people ask me what to do with their money, I say: “I don’t even recommend Broadway plays.”

And that lunar feeling you have when you get those texts? It’s your boundaries bending and creaking. It’s the Old You and the New You doing battle: guilt and people pleasing vs. self-protection and no-can-do. Remember, saying “no” does not make you a bad person. You could pick a book and say, “I read this. The rest was luck and timing. Good luck!” But my guess is someone who thinks that you hold the key to their success will not be so easily put off.


‘You learned a valuable lesson not to discuss your affairs with other people.’

That brings me to No. 3: The clearest, fiercest response is often times no response. Find that muscle. It’s one you can exercise over and over again. As a friend once told me when I had to make a big financial decision: “Take the emotion and personalities out of it. It’s just business.” This is your business. You have nurtured it and you have worked hard at it. Trust your instinct. Protect it. You don’t have to do anything you don’t want to do. Is your gut saying no? Then don’t go.

You have learned a valuable lesson not to discuss your affairs with other people. Make it known that you do not like to talk about business when you’re off the clock. Try a new approach to conversations at dinner parties or chats over the garden fence with friends or neighbors. If they ask you about your business and how it’s going, tell them: “Good, thanks.” If they persist, say: “My first and last rule of business is I never discuss business with friends, and I never mix business with friendship.”

Delete that text without replying. Do the same for other texts. Flex that “no reply” muscle and keep flexing it. It gets easier. Don’t be held hostage to the “reply” button on your phone, and do get acquainted with the ability to say “no.” After a while, you will likely come to enjoy it.

The Moneyist:‘Warren Buffett and Harry Potter couldn’t get those two retired early’: Our spendthrift neighbors said our adviser was ‘lousy.’ So how come WE retired early?

Hello there, MarketWatchers. Check out the Moneyist private Facebook
FB,
-1.39%

 group where we look for answers to life’s thorniest money issues. Readers write in to me with all sorts of dilemmas. Post your questions, tell me what you want to know more about, or weigh in on the latest Moneyist columns.

By submitting your story to Dow Jones & Company, the publisher of MarketWatch, you understand and agree that we may use your story, or versions of it, in all media and platforms, including via third parties.



Source link

Continue Reading

Trending