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Friday, September 04, 2009
Bruce Wiliams :: Townhall.com Columnist
Smart Money: Mom's Bills Pass on With Her
by Bruce Wiliams
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DEAR BRUCE: My mother died and had no will, estate, executor, etc. She had $100 in her bank account when she died, and that has been closed out. There is no money to pay any outstanding bills, and she also did not have life insurance -- we paid the undertaker. What happens to her bills? -- Reader, via e-mail

DEAR READER: The easiest thing for you to do is to write to each of the creditors, enclose a death certificate showing that your mother has passed away, and say in the letter what you've told me. There was no money in her estate even to pay for her funeral. You don't even have to mention life insurance since that would not be a factor. You can further state that the estate was not probated because there was nothing to probate. I think this should close the matter out. Whatever you do, don't ignore it.

DEAR BRUCE: I've been faced with a problem regarding my 69-year-old mother. She works full-time and owns no property and has no savings or retirement fund. She has just inherited $125,000 from her mother passing away. With her current so-so health, I anticipate her retiring and needing some type of assistance within the next three years. How would you suggest this money be used? -- Reader, via e-mail

DEAR READER: I think what you're asking me is how can you protect the $125,000 in the event that your mother will need some type of public assistance such as Medicaid. There is a "look back" period of three years. If your mother is to gift that money to you, which she can do, claiming against her lifetime exemption, and she requires no assistance for the three-year period, then the money is sheltered. You can spend it on her as you wish and she'll be eligible for public assistance. You might have her keep $5,000 or so for her own expenses during that period of time. The morality of this is a whole other question, but that's the way to avoid having Medicaid responsibilities.

DEAR BRUCE: I have read all your articles about time-shares, how they are a bad investment, sold to consumers under pressure, are not worth it with the tax and maintenance fees, etc. I wish I had read your column before we made the mistake of buying into the concept. We never use it and have it on the market to sell. Even that's not working. Is it stupid to stop paying the maintenance fees and taxes and let the ownership revert back to the original owners or sell it on the courthouse steps? Are we opening ourselves up to a bad credit rating for the rest of our lives? -- Frustrated, via e-mail

DEAR FRUSTRATED: Unhappily, it's not all that simple. If you don't pay the fees and taxes, it may not revert back to the original owner. Oftentimes, they don't want them, and they will bring an action against you for the deficiency. As far as selling on the courthouse steps, that very likely is an exercise in futility. The least of the problem is the credit rating. You may approach the company that sold you the time-share. They may or may not be willing to strike a deal with you. Their point of view, more often than not, is you have to pay us, we don't want it back, and we will go to court to get garnishments or whatever it takes to make it happen.

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About The Author

Brucce Williams is a contributor to the Motley Fool.

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