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Tuesday, August 11, 2009
Bruce Wiliams :: Townhall.com Columnist
D-I-Y Postnuptial Hardly W-I-S-E
by Bruce Wiliams
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DEAR BRUCE: I would like to get a postnuptial agreement. Do you think it would be possible for me to write one up and have it notarized, or do you think an attorney has to be involved? Is there a standard form I can download? -- L.M., via e-mail

DEAR L.M.: So many people are really unduly impressed by notarization. All this means is that this is proof that the signature on a document is really that person's signature. It in no way makes the document more or less relevant or legal. Further, in most states, both parties have to be represented, not just one, by a separate attorney. As to the downloading, this is not time for "do-it-yourself" law. It would appear you're trying to save money. If money is that critical an issue, you'd have to be more candid with me as to why you want this postnuptial. "Do-it-yourself" law is seldom very smart.

DEAR BRUCE: A small fund that we had many years ago with a former employer has dropped recently from $23,000 to $6,800. Before we lose any more, would it make sense to cash it in and invest the money in our home for improvements? My husband is still working at age 65 and hopes to quit at 67 or 68 years old. I am 63 and working at a temporary agency that doesn't offer a 401(k). -- E.N., via e-mail

DEAR E.N.: You have taken a huge hit and very likely it is near the bottom. Unless you need the money for home improvements as opposed to "it's an option," I would be inclined to leave it where it is. You have not mentioned what other assets are available to the family. Unless they are substantial, your husband may not have the financial ability to quit at 67, nor will you. The first thing you've got to do is a budget based upon realistic potential income. I realize that is a huge hit to take on the retirement fund, but at this point, since nothing has been done, my inclination would be to leave it where it is.

DEAR BRUCE: I let my niece store her car in my garage. Would she or I be responsible for any damages or injury while the car is in my garage? -- D.L., via e-mail

DEAR D.L.: It's difficult to conceive a circumstance where any injury could come to someone with a car in your garage, assuming that it has not been driven. If you have a common building wall where if the car caught on fire damage the other building (a stretch) that's about the only thing that I could see where you could be liable for something. You didn't say how long this was going to go on,but if it's a relatively short period of time, I would insist that the liability insurance on the car be maintained. That way if something untoward happened, the liability aspect would be covered.

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About The Author

Brucce Williams is a contributor to the Motley Fool.

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