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Tuesday, September 22, 2009
Bruce Wiliams :: Townhall.com Columnist
Smart Money: Does a Will Travel Well?
by Bruce Wiliams
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Will the Dems' health care Christmas Present to America be an improvement or detriment to our health care system?


DEAR BRUCE: My husband and I had our wills drawn up in Maryland. We now live in Florida. Are our wills valid? -- H.T., Florida

DEAR H.T.: The overwhelming likelihood is that the wills, if done correctly in Maryland, are still valid. You didn't indicate how long ago. Wills should be updated, or at least reviewed, to verify that they reflect your wishes today. I assume that you have the original with you. If, like me, you leave it with your attorney, I would consider getting the original because that's all that's valid. Have it sent to you in Florida, where you will deposit it with some trustworthy individual. By the way, it's not a good idea to leave it in your safe deposit box, since it might be difficult to get into after you die. If your will is really ancient, I would have a new one drawn with an attorney in Florida and witnesses who are young enough that they are likely to be around for awhile.

DEAR BRUCE: I co-signed a student loan for one semester. This person is no longer in school, but they are working and continuing to make payments. My question is, can I get the loan transferred in their name, or am I stuck for the duration of the loan? -- S.S., via e-mail

DEAR S.S.: You're on the hook. There is no reason for the people who loan the money to let you off. They loan the money based upon your credit, not the student's. It is in their interest to keep your signature as extra security. I would write to them and explain to them that you are a co-signer on the loan and you wish to be advised if there is any interruption or lateness in the payments. You are entitled to that information.

DEAR BRUCE: I retired three years ago and am just now 65. I have never touched my conventional IRA. My wife is younger and will not be able to get hers for two more years. Do you think it's worth us converting the funds to a Roth IRA or just leave it alone? -- B.H., in Maryland

DEAR B.H.: There is no right or wrong without more details. Since you are 65 and will not have a substantial income, then it may well be to your advantage to pay the taxes and put the money into the Roth IRA when, from this time forward, the monies will be tax-free. If you are still in the high tax bracket, then I would not convert it, since you will be taxed at the high rate. You mentioned that your wife won't be able to get at hers for another two years. She is well past 59-1/2, so there will be no penalties and, while she cannot make a withdrawal, she will liable for the taxes. The same logic applies. If her tax rate goes down substantially upon retirement, she will be better off leaving it where it is.

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About The Author

Brucce Williams is a contributor to the Motley Fool.

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