|
|
09-08-2018, 07:10 AM
|
#21
|
Moderator
Join Date: Jul 2017
Posts: 5,659
|
Quote:
Originally Posted by Rianne
Yes, but can they come after your assets? Including retirement accounts? I'm going to ask our CPA what exactly are considered assets, say in a lawsuit or if medical costs exceed what you thought they would.
|
I believe that his point was that all assets, from a creditor aspect, are not created equal. You CPA may explain to you, i.e., the superior protection from creditors given to the 401(k).
__________________
Use it up, wear it out, make it do or do without.
|
|
|
|
Join the #1 Early Retirement and Financial Independence Forum Today - It's Totally Free!
Are you planning to be financially independent as early as possible so you can live life on your own terms? Discuss successful investing strategies, asset allocation models, tax strategies and other related topics in our online forum community. Our members range from young folks just starting their journey to financial independence, military retirees and even multimillionaires. No matter where you fit in you'll find that Early-Retirement.org is a great community to join. Best of all it's totally FREE!
You are currently viewing our boards as a guest so you have limited access to our community. Please take the time to register and you will gain a lot of great new features including; the ability to participate in discussions, network with our members, see fewer ads, upload photographs, create a retirement blog, send private messages and so much, much more!
|
09-08-2018, 07:13 AM
|
#22
|
Moderator
Join Date: Jul 2017
Posts: 5,659
|
Quote:
Originally Posted by ncbill
Housing & transportation remain the biggest discretionary expenses.
Back in the Great Recession one of the scariest stories I read was couples draining their creditor protected retirement savings because one had lost their job & they had counted on both incomes to make the mortgage payment...often that home was underwater & they lost it all.
Note my emphasis.
I'd leave the keys on the kitchen counter and risk a deficiency judgment before taking a dime from my retirement accounts to pay a mortgage.
|
Agreed.
__________________
Use it up, wear it out, make it do or do without.
|
|
|
09-08-2018, 07:25 AM
|
#23
|
Give me a museum and I'll fill it. (Picasso) Give me a forum ...
Join Date: Apr 2003
Location: Hooverville
Posts: 22,983
|
Quote:
Originally Posted by Cut-Throat
Mikey, What's your favorite $35/lb. Cheese?
|
Velveta, man, Velveta!
__________________
"As a general rule, the more dangerous or inappropriate a conversation, the more interesting it is."-Scott Adams
|
|
|
09-08-2018, 07:26 AM
|
#24
|
Moderator
Join Date: Jul 2017
Posts: 5,659
|
Thinking back we did stretch a bit thin when we bought our house, but did put down over 20% to avoid the PMI. It was paid off in seven years, and we did not upsize, and did not buy new cars as our children were becoming increasingly more expensive.
__________________
Use it up, wear it out, make it do or do without.
|
|
|
09-08-2018, 01:13 PM
|
#25
|
Thinks s/he gets paid by the post
Join Date: Jun 2017
Location: Western NC
Posts: 4,607
|
Quote:
Originally Posted by Rianne
Yes, but can they come after your assets? Including retirement accounts? I'm going to ask our CPA what exactly are considered assets, say in a lawsuit or if medical costs exceed what you thought they would.
|
Sorry should have clarified.
In the USA, 401k accounts are protected under federal law.
IRA accounts have various levels of protection usually depending on state law.
In my state all IRAs including inherited IRAs are exempt from creditor claims.
|
|
|
09-08-2018, 01:39 PM
|
#26
|
Thinks s/he gets paid by the post
Join Date: Jan 2007
Location: Minneapolis
Posts: 1,172
|
Quote:
Originally Posted by haha
Velveta, man, Velveta!
|
Yeah, but you're paying way too much !
|
|
|
09-08-2018, 04:28 PM
|
#27
|
Moderator Emeritus
Join Date: Jan 2007
Location: New Orleans
Posts: 47,472
|
Quote:
Originally Posted by Cut-Throat
Yeah, but you're paying way too much !
|
Well, but he lives in a high COL part of the country! $35/pound is probably a really good price for Velveeta, there. Wait 'til he tells you how much cheddar or gouda costs.
__________________
Already we are boldly launched upon the deep; but soon we shall be lost in its unshored, harbourless immensities. - - H. Melville, 1851.
Happily retired since 2009, at age 61. Best years of my life by far!
|
|
|
09-08-2018, 05:00 PM
|
#28
|
Confused about dryer sheets
Join Date: Sep 2018
Location: LAS VEGAS
Posts: 1
|
Taxes my biggest expense
Taxes are my biggest expense. I do what I can with pretax benefits, retirement but I'm using Roth heavily so that doesn't help currently. Anyone have other ideas to texice taxes?
|
|
|
09-09-2018, 10:36 AM
|
#29
|
Give me a museum and I'll fill it. (Picasso) Give me a forum ...
Join Date: Feb 2013
Posts: 9,358
|
Quote:
Originally Posted by deserat
I also noticed the decision making process towards those
ends tended to permeate all things: how can I do this as inexpensively as possible to generate the most value for me (and my time - combination of 'Your Money or Your Life' philosophy (minus 100% bond or CD portfolio) and 'Millionaire Next Door' philosophy). If one just takes a breather or a little bit more time and makes well-informed decisions, they can truly have a great life at a much lower monetary cost. Opportunities are around everywhere - just need to do a bit of research and have an open mind.
|
The most interesting find in retirement for us is that we can live the same life as we did when we were working but now on less than half our former spending with the kids grown up and mostly off the payroll, paying less in income taxes, no more job and commute costs and optimizing our smaller expenses. We have the same house and upgraded one of the cars. Our house has doubled in market value since we retired so for us the focus on optimizing smaller expenses has worked out better than if we had moved to less expensive housing.
__________________
Even clouds seem bright and breezy, 'Cause the livin' is free and easy, See the rat race in a new way, Like you're wakin' up to a new day (Dr. Tarr and Professor Fether lyrics, Alan Parsons Project, based on an EA Poe story)
|
|
|
09-09-2018, 02:13 PM
|
#30
|
Full time employment: Posting here.
Join Date: Jul 2013
Posts: 792
|
Quote:
Originally Posted by ncbill
Housing & transportation remain the biggest discretionary expenses.
Back in the Great Recession one of the scariest stories I read was couples draining their creditor protected retirement savings because one had lost their job & they had counted on both incomes to make the mortgage payment...often that home was underwater & they lost it all.
Note my emphasis.
I'd leave the keys on the kitchen counter and risk a deficiency judgment before taking a dime from my retirement accounts to pay a mortgage.
|
I know two people who liquidated requirement accounts, penalties and all, to pay basic expenses. And I know there's no extra money squirreled away somewhere else. One only had that IRA as an inheritance, and has never had any money, but the other "lives for the moment," aka, they may not live that long, so why worry about it now?
DH and I had great salaries and benefits, a house we bought in the 90s in a neighborhood that has since become "hot," and, probably the biggest shortcut to being the Millionaire Next Door, no kids.
What really kind of amazes me is how few of my friends are in truly comfortable shape in their early or mid 50s.
|
|
|
Check your state laws re bankruptcy
09-23-2018, 09:22 AM
|
#31
|
Recycles dryer sheets
Join Date: Jun 2018
Location: Alameda
Posts: 341
|
Check your state laws re bankruptcy
Quote:
Originally Posted by ncbill
...In the USA, 401k accounts are protected under federal law. IRA accounts have various levels of protection usually depending on state law. In my state all IRAs including inherited IRAs are exempt from creditor claims.
|
Unfortunately I can't find anything that updated this specific article (below, WSJ 2009 column), but a May 2018 link from a website specializing in self-directed IRAs reiterated the $1M limit. Note from everything I have seen in the last 5 yrs, this limit is NOT set by any statute; I believe it was derived from some state lawsuits filed in at least two different states involving the IRS.
======
How to Protect 401(k)s and IRAs From Creditors
WS Journal by Kelly Greene, Updated May 9, 2009
(excerpt)
Your retirement savings would have the most protection from creditors in a 401(k) or other employer-sponsored qualified plan.
But federal law provides some protection for individual retirement accounts, as well. There also are strategies to help prevent creditors from raiding your IRA.
If your savings are in a 401(k) account, they are protected from all forms of creditor judgments, including bankruptcy, says Kyle Brown, a retirement counsel with Watson Wyatt Worldwide in Arlington, Va. Solo 401(k)s, however, don't necessarily have the same protections as other 401(k) plans; in some states, solo 401(k)s are protected from creditors, but in others they aren't.
There are two exceptions, he adds: first, federal tax liens imposed by the IRS; second, judgments against individuals who had administered an employer-sponsored plan for embezzlement of the plan or a fiduciary breach against it.
IRAs, including Roth IRAs, don't have precisely the same shields -- but under a 2005 law, the Bankruptcy Abuse Prevention and Consumer Protection Act, up to $1 million in IRA assets are protected in the event of bankruptcy, says Jan Jacobson, senior counsel for retirement policy at the American Benefits Council, a Washington trade group.
There's some controversy about the language in the law, which says $1 million in IRA assets is protected in bankruptcy "without regard to amounts attributable to rollover contributions," Mr. Brown says. Most experts say that phrase should be interpreted to mean that amounts rolled over from employer plans get creditor protection, as well. But others, he adds, believe it means that the $1 million is determined "without regard" to whether the amounts are attributable to rollovers. (To date, court rulings on the language are all but nonexistent, Mr. Brown notes.)
In any event, at least $1 million in IRA assets would be protected if you filed a bankruptcy claim. However, in other types of lawsuits, IRA protections from creditors vary from state to state and may be different for traditional IRAs and Roth IRAs. In New York, where the reader above lives, "creditor protection for IRAs and Roth IRAs is unlimited," says Ed Slott, an IRA consultant in Rockville Centre, N.Y.
However, even if you live in a state where laws provide less protection for IRAs, "I wouldn't leave the money in a 401(k) just for that reason alone," Mr. Slott says. IRAs often provide easier access to your money, a wider range of investments and may have lower fees, he contends. So, if creditor protection is the only reason you would consider leaving your assets in a 401(k), he suggests two other "lines of defense" -- professional malpractice insurance and a personal umbrella liability policy, which can be relatively inexpensive. "I recently paid $600 for $5 million in coverage," he says.
=====
HTH
|
|
|
|
|
Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
|
|
Thread Tools |
|
Display Modes |
Linear Mode
|
Posting Rules
|
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts
HTML code is Off
|
|
|
|
» Recent Threads
|
|
|
|
|
|
|
|
|
|
|
|
|
» Quick Links
|
|
|