Category: News

  • What Is an Enhanced Life Estate Deed?

    Key Takeaways

    • An enhanced life estate deed transfers ownership of property after the owner’s death without the necessity for probate.
    • The owner retains control of the property after the deed is in place and during their lifetime, unlike with standard life estate deeds.
    • Enhanced life estate deeds were recognized by only five states as of 2020.
    • An enhanced life estate deed isn’t considered a transfer of property that would be subject to Medicaid’s five-year lookback period, because the property is still in the owner’s control.

    Definition and Example of an Enhanced Life Estate Deed

    An enhanced life estate deed is an estate-planning instrument that transfers real estate to one or more beneficiaries during the owner’s lifetime. This avoids the need for probate at the time of the owner’s death. You might bequeath your home to your adult child in this way in your later years with the understanding that you’re not moving out. You retain the right to live there and maintain control over the property until your death.

    note

    An enhanced life estate deed shouldn’t be confused with a standard life estate deed. It has some significantly different implications.

    An enhanced life estate deed is sometimes called a “Lady Bird deed.” The Florida lawyer who created this type of deed in the 1980s arbitrarily named it after President Lyndon B. Johnson’s wife. There’s no evidence that the President ever transferred property to Lady Bird Johnson in this way.

    This type of deed is recognized in five states as of 2022: Florida, Michigan, Texas, Vermont, and West Virginia.

    How Does an Enhanced Life Estate Deed Work?

    The initial owner of the real estate, referred to as the “life tenant,” retains control over the property during their lifetime. The life tenant retains the right to mortgage or sell the real estate without the consent of their beneficiaries or the remaindermen named in the deed. They haven’t actually given the home to them yet. The real estate doesn’t actually transfer until the life tenant’s death.

    Life Estate vs. Enhanced Life Estate Deed

    A standard life estate deed also transfers ownership of a property prior to death, but the owner cannot mortgage or sell the home without the permission and “joiner” of their remaindermen. This type of deed effectively gives the remaindermen the property in the present time. The owner merely retains a “life estate,” the right to remain living there until death. “Joinder” means that these individuals are parties to any mortgage or sale.

    The deed must still be prepared, signed, and recorded in the county land records office just like any other deed. A property that’s transferred by either of these deeds would require probate if the remainder beneficiaries should die before the life tenant.

    Life Estate Deed Enhanced Life Estate Deed
    Owner can continue living there Owner can continue living there
    Owner cannot sell or mortgage the property without permission of the beneficiaries Owner can sell or mortgage the property without the consent of the beneficiaries

    Consider asking an estate planning attorney to draft the deed if you’re thinking about using one as part of your estate plan. You might accidentally create a standard life estate deed instead of an enhanced life estate deed if you make a mistake and if you happen to live in a state that recognizes both.

    Life Estate vs. Transfer-on-Death Deeds

    You might want to consult with an attorney to consider another estate-planning mechanism if you don’t live in one of the five states that recognize Lady Bird deeds. Transfer-on-death deeds function in a manner similar to enhanced life estate deeds. They don’t take effect and transfer property to beneficiaries until after death, but the language in the deed must specifically state this.

    The property doesn’t require probate. It doesn’t become part of the decedent’s probate estate because a mechanism—the deed—is already in place to transfer ownership from the deceased owner to one or more living beneficiaries. More than half of all states recognized transfer-on-death deeds in their statutes as of 2020:

    • Alaska
    • Arizona
    • Arkansas
    • California
    • Colorado
    • District of Columbia
    • hawaii
    • Illinois
    • Indiana
    • Kansas
    • Maine
    • Minnesota
    • Mississippi
    • Missouri
    • Mountain
    • Nebraska
    • Snowfall
    • new Mexico
    • North Dakota
    • Ohio
    • Oklahoma
    • Oregon
    • South Dakota
    • Texas
    • Utah
    • Virginia
    • Washington
    • West Virginia
    • Wisconsin
    • Wyoming
    Enhanced Life Estate Deed Transfer-on-Death Deed
    Recognized in five states Recognized in 27 states
    Transfers property after death and avoids probate Transfers property after death and avoids probate
    Owner retains control while alive Owner retains control while alive
    Not subject to Medicaid “lookback” rules Property can be seized at death to repay Medicaid

    You can revoke a transfer-on-death deed to transfer the property back. A conventional deed would require that a new deed be created to supersede the first one.

    The Effect on Medicaid

    The government imposes a five-year “lookback” period on Medicaid eligibility if a time should come when you require long-term care and you apply for these benefits. This means that you can’t transfer ownership of assets within five years of making the application. Some people have done this in an effort to “spend down” their assets in order to become eligible for Medicaid assistance, which is needs-based.

    note

    Medicaid requires that you use your own assets to pay for care first before you can become eligible for benefits. It’s not uncommon for homeowners to attempt to transfer their property to their children to avoid this, thus the “lookback” rule.

    The extent of your Medicaid eligibility depends on the value of assets you own at the time you apply. Less is more. Many people believe that they can simply give property away before applying, but that isn’t the case. Assets given away during this five-year time period can be “pulled back” into the value of your estate for qualifying purposes.

    An enhanced life estate deed technically doesn’t count as a transfer. You retain control over the property. That control doesn’t transfer until your death. This isn’t generally the case with transfer-on-death deeds, but it depends on state law.

    Your home might still be considered available to pay back your Medicaid benefits after death, however. Federal law mandates that all states have an “estate recovery program” in place to recover benefits, but some states will only take from probate estates. Your property would be spared in this case if you were to transfer it by Lady Bird deed. Otherwise, your remainder beneficiaries might be forced to sell the home.

    Do I Need to Pay Estate Tax?

    A home transferred via a Lady Bird deed contributes to the value of the homeowner’s estate for estate tax purposes. The property is considered to be an inheritance granted to your remainder beneficiaries. Only estates with values ​​in excess of $12.06 million are subject to the federal estate tax as of the 2022 tax year.

    note

    You won’t incur gift tax for transferring property this way, because you’re granting the home at your death, not during your lifetime.

    Several states also have estate taxes, however. Some of their exemption thresholds are much lower.

    Your beneficiaries will receive a “stepped up” basis for purposes of any capital gains tax that might come due if they sell the real estate after your death. Their basis in the property is its value at the time of your death, not its value at the time you originally acquired it, as would be the case if it were transferred to them during your lifetime. This can make a considerable tax difference.

  • What Is the Fair Housing Act?

    Definition and Example of the Fair Housing Act

    The Fair Housing Act is a law enacted in 1968 and has been updated several times since its inception. The law is enforced by the US Department of Housing and Urban Development (HUD).

    The Fair Housing Act prohibits lenders, landlords, sellers, and agents from discriminating against homebuyers and tenants on account of specific characteristics, including race, color, religion, sexual orientation, nationality, disability, or family status. For example, thanks to the Fair Housing Act, it is illegal to refuse to rent a home to someone because they practice a different religion.

    Individual states and local governments can add to the law, providing more protections, but they can’t take away from it. According to the Policy Surveillance Program from Temple University’s Beasley School of Law, 49 states and the District of Columbia have adopted additional protections.

    note

    Examples of additional protections in certain states include ancestry, gender identity, source of income, military status, and pregnancy.

    • Alternate name: Title VIII of Civil Rights Act of 1968

    How Does the Fair Housing Act Work?

    Under the Fair Housing Act, property owners cannot discriminate against people in protected classes. They cannot refuse to provide reasonable accommodation to people who need it, such as people with disabilities. A reasonable accommodation is a change to the policies and practices of a property that will allow an occupant to use and enjoy it.

    Nor can the property owner prevent a tenant from making a reasonable modification, at the tenant’s expense, that will allow them to use and enjoy the property. To be reasonable, the changes must not cause harm or be an undue burden (financially or administratively) to the housing provider.

    Enforcing the Fair Housing Act

    Because the Fair Housing Act is a federal law, it’s enforced by HUD. If you believe you’ve been a victim of illegal housing discrimination, you can choose to file a lawsuit in state or federal court, or you can file a complaint directly with the HUD.

    If you file a complaint with the federal agency and it finds there’s reasonable cause to believe your rights were violated under the act, it will prepare charges of discrimination. You’ll then have 30 days to decide whether to have the charge tried in a HUD administrative court or a federal court.

    If you proceed with the former, you’ll be represented by HUD attorneys. This process typically goes more quickly than a federal trial with a judge or jury, but you’re only eligible for compensatory damages—punitive damages won’t be awarded. With a federal trial, you’ll be represented by attorneys from the US Department of Justice (DOJ), and you could receive both compensatory and punitive damages from the defendant.

    note

    The Fair Housing Act can be difficult to enforce because many forms of discrimination aren’t overt and, therefore, cannot be documented. However, if you have documentation of discrimination, such as recordings or written records, contact an attorney or local fair housing agency to understand your rights and next steps. When a formal complaint is filed, HUD will investigate the allegation.

    If HUD finds a pattern or practice of discrimination or the defendant has discriminated against a group of people to the point that it’s an issue of general public importance, it may refer the matter to the DOJ, which may directly file a lawsuit against a defendant on on behalf of the victims.

    Penalties for Violating the Fair Housing Act

    Civil penalties for violating the Act range from $16,000 for a first offense to $65,000 if there have been two or more violations during the previous seven years. If the case is tried in federal district court and the plaintiff wins, the defendant may have to pay actual, punitive, and compensatory damages as well as legal fees.

    Types of Discrimination

    If you’re not sure what counts as discrimination under the Fair Housing Act, here are some examples:

    • A seller refuses to work with a prospective buyer because of their race or color, or because they don’t fit the demographics of the neighborhood.
    • A landlord makes an apartment available but tells a tenant it’s been taken when they find out the candidate is a member of the LGBTQ community, only to tell others that it’s still available.
    • A mortgage lender charges a higher interest rate because the borrower’s name appears to be from another nationality.
    • A condominium complex doesn’t comply with accessibility requirements, such that a prospective tenant who uses a wheelchair won’t be able to access the units or parking.
    • A landlord refuses to rent to a single woman with children.
    • A real estate agent directs a prospective homebuyer to a different locale when they find out the buyer’s religion doesn’t match the predominant one in the area.

    What It Means for Your Family

    The Fair Housing Act is designed to help protect certain classes of people who may experience discrimination when trying to buy or rent a place to live. Unfortunately, though, discrimination still occurs, and it’s not always obvious enough to document and prove.

    If you’re concerned about a landlord, lender, seller, or agent violating your rights, try to keep all communication in writing and document your conversations. This way, you can refer back to these documents to provide the discrimination, if needed.

    If you believe your rights have been violated, don’t hesitate to contact your local fair housing agency or an attorney to determine the next steps you should follow.

    Key Takeaways

    • The Fair Housing Act prohibits landlords, lenders, sellers, and agents from discriminating against prospective homebuyers and tenants based on race, color, religion, sexual orientation, nationality, disability, or family status.
    • Many states have adopted additional protected classes on top of those detailed in the Fair Housing Act, but they cannot take away from the Act’s provisions.
    • If you’re concerned about discrimination from a landlord, lender, seller, or real estate agent, plan communications in a way that makes it possible for you to retain records.
    • If your rights have been violated according to the Fair Housing Act, you can pursue legal action against the perpetrator.
  • What Is Elder Law?

    Key Takeaways

    • Elder law is a field of law that focuses on legal issues that affect older individuals.
    • Major areas of elder law include disability and special-needs planning, long-term care planning, estate planning and settlement, guardianship or conservatorship, and elder abuse.
    • Elder law attorneys can be found through the NAELA.

    Definition and Example Elder Law

    Elder law is the specialized field of law that addresses the diverse legal needs of aging populations. It focuses on the legal issues affecting senior citizens and their elderly parents. Lawyers who are versed in these issues are known as “elder law attorneys.”

    Suppose that your health is wanting, or you expect it as you approach your senior years. You can work with an elder law attorney who specializes in disability planning to complete an advance medical directive with a durable power of attorney for healthcare. That is a document that allows you to name a healthcare proxy to make medical decisions on your behalf when you can no longer do so. That kind of legal planning can avoid putting you in a situation where your healthcare providers have to choose treatments or make other decisions about your health that you might not agree with.

    How Elder Law Works

    Legal issues that impact seniors are governed by complex regulations and laws that vary by state. They often require a unique understanding of the personal impacts of aging, which can make you or your loved ones more physically, financially, and socially vulnerable. Elder law addresses the various decisions and circumstances that come up later in life. It also deals with how your estate plan will be executed after your death.

    Elder law attorneys who focus their legal practices on these issues take a holistic approach when working with seniors and their family members. These attorneys help you navigate legal matters while also working with a network of care professionals, such as your health team and social workers and psychologists.

    Many people think elder law is only a concern if you have complex life situations, such as a disability or special needs, a second marriage, a high-value estate, or financially reckless adult children. Elder law is important for people with these concerns, but it’s also vital for all seniors to become familiar with elder law. You should be ready to hire an attorney in order to protect yourself and your assets in your golden years and beyond.

    Alternatives to an Elder Law Attorney

    Not all issues relating to aging require the expertise of an elder law attorney. Hiring one when you don’t need one can come with unnecessary and high costs. For example, interpersonal or health issues may call for a social worker, psychologist, or doctor instead.

    When in doubt, consult a family member, friend, or clergy member, or your primary care doctor. They can help you determine the scope of the concern and decide whether you need a lawyer. If you are caring for an elderly relative in an assisted living facility, the staff there may be able to recommend resources or experts who can help you find the right kind of help for your situation.

    Types of Elder Law

    Most elder law attorneys don’t specialize in all areas of the law. It’s important to seek out the right expert when you or your family members need legal assistance. Major areas of elder law include:

    • Disability and special needs planning
    • Long-term care planning
    • Estate planning and settlement
    • Guardianship or conservatorship
    • Elder abuse

    Disability and Special Needs Planning

    This area of ​​elder law focuses on the support systems that the aging put in place to protect themselves in the event that they become physically or mentally incapacitated. There are some key legal documents that you may want to prepare in advance of such a scenario. These include:

    • A durable power of attorney appoints someone as a legal agent to make certain financial decisions for you when you can’t.
    • An advance medical directive outlines your healthcare wishes in case you become incapacitated, including a durable power of attorney for healthcare.
    • A living will sets out which treatments you do and don’t want.

    Without these documents, the court may leave these decisions up to a guardian (discussed below) who may not be of your choice.

    In many cases, individuals with disabilities or special needs and their family members will be eligible to receive government benefits (Social Security disability benefits, for example). You’ll still need to do some planning to ensure that the individual qualifies for, and will receive, adequate assistance for their needs, though.

    Long-Term Care Planning

    This type of elder law focuses on the services that seniors often use to live safely when they cannot take care of themselves. They include nursing homes or assisted living facilities and long-term health insurance, along with the means by which they obtain these benefits (Medicaid or the Department of Veterans Affairs, for example).

    Medicaid planning involves repositioning and transferring assets to qualify for Medicaid nursing home benefits. Veterans’ benefits concerning elder law encompass providing for the long-term healthcare needs of veterans of the US military.

    Estate Planning and Settlement

    Estate planning is the process of deciding who will receive your property after you die and who will be in charge of making sure your final wishes are carried out. It includes disability planning, as discussed above, as well as planning to:

    A comprehensive estate plan might include the last will, a durable power of attorney, an advance medical directive, and, if needed, a revocable living trust. Also known as a “living trust,” a revocable living trust allows you to appoint someone else to make decisions about assets held in a trust.

    Probate is the court-supervised process for settling a deceased person’s estate. It may or may not be necessary, depending on how your assets are titled at the time of your death. If you have a revocable living trust, the estate may be settled without the supervision of a probate court.

    Guardianship or Conservatorship

    If a person becomes incapacitated and did not put in place a durable power of attorney or advance medical directive, then a family member, a friend, or, in some cases, a stranger will have to go to court and petition for a guardian or conservator to be appointed on behalf of them. Guardianship, also referred to as “conservatorship” in some states, is sometimes referred to as “living probate” as it is the court-supervised process of administering an incapacitated person’s estate.

    note

    A guardian is usually responsible for making daily care decisions, such as medical decisions, for someone. A conservator makes their financial decisions. Depending on the state, these roles may be filled by the same person, or they may be two different people.

    By contrast, if the person took the time to create a disability plan with the help of an estate lawyer who is versed in guardianship, then he or she would have the right legal documents in place to dictate who will make financial and healthcare decisions on their on behalf.

    Elder Abuse

    Unfortunately, as people age, they become more prone to personal or financial abuse. This misconduct can range from Social Security fraud (for example, a non-spouse family member continues to receive benefits after the person has died) to the outright theft of assets.

    Financial elder abuse can also occur through the use of a durable power of attorney or by undue influence. For example, someone may wrongfully coerce an older adult to give away their assets or to change their will or revocable living trust. Such abuse has led to this specialized area of ​​litigation aimed at preserving, and, if needed, recovering, an older person’s assets.

    note

    Watch out for elder abuse scams that dupe seniors out of their money through fake IRS calls or other “gramma scams.” These scams usually involve desperate pleas for money from people pretending to be grandchildren.

    How To Get a Lawyer Who Specializes in Elder Law

    One way to find a lawyer is through the National Academy of Elder Law Attorneys (NAELA). This non-profit association was founded in 1987. Its lawyers are trained and experienced in the nuances of elder law and adhere to a set of what it calls “aspirational standards” that hold them to a high standard of professional conduct. The “Find a Lawyer” page on its website allows you to search for an attorney by name, location, area of ​​practice, or other criteria.

  • Gas Prices Break New Record After Brief Reprieve

    US gas prices reached a new record high Tuesday, erasing the modest relief seen in April.

    Higher oil prices and increasing demand for gas pushed the average national price to $4.37 a gallon, according to data from AAA. As the chart below shows, the average has now surpassed the previous high of $4.33—fallout from Russia’s invasion of Ukraine.


    The price of crude oil, which accounts for more than half the price at the gas pump, reached almost $110 a barrel last week after falling below $100 in late April. (As of Tuesday, it was back down around $100.) Those increases as well as rising demand and lower supplies of gas have been pressing pump prices higher, AAA said.

    The national average for gas was $3.54 a gallon when Russia invaded Ukraine on Feb. 24. Sanctions against Russia proceeded to take as much as 3 million barrels of Russian oil off the market per day, increasing international oil demand and pushing prices higher. After the White House released oil saved in strategic reserves in late March, prices began to drop, but the downward trajectory was short-lived.

    note

    The recent trajectory for diesel fuel, also made from oil, is even worse. Diesel, which powers the economy by fueling the trucks, ships, and plans that transport much of the country’s goods, has been breaking new records daily and hit $5.55 a gallon on Tuesday.

    Have a question, comment, or story to share? You can reach Terry at tlane@thebalance.com.

    Want to read more content like this? Sign up for The Balance’s newsletter for daily insights, analysis, and financial tips, all delivered straight to your inbox every morning!

  • What Is Bad Credit?

    Key Takeaways

    • A consumer with bad credit is considered a risky borrower, usually due to owing large amounts of money or having a history of unpaid bills and debts.
    • Having bad credit can make it hard to get a credit card, mortgage, car loans, rental approval, or even a job.
    • Bad credit is usually seen as a FICO credit score under 580.
    • You can improve bad credit by fixing errors on your credit report, paying off debt, and maintaining low balances on your credit cards.

    Definition and Examples of Bad Credit

    Having bad credit means that negative factors appear in your credit history, indicating that you’re a risky borrower. Several factors can contribute to bad credit, including previous delinquencies, high debt balances, and recent bankruptcies.

    Bad credit is usually indicated by a low credit score, the numerical summary of the information in your credit report. FICO scores are one of the most widely used credit scores. They range from 300 to 850, with higher scores being more desirable.

    The FICO credit score range is broken up into five ratings:

    • Exceptional: 800 and above
    • Very Good: 740-799
    • Good: 670-739
    • Fair: 580-669
    • Poor: Below 580

    How Bad Credit Works

    Your credit score is based on five factors. Each is weighted differently. All of them can contribute to bad credit.

    • Payment history (35%): You’re likely to have a lower credit score if you have a history of delinquent debts and late payments, or credit cards that you haven’t paid off.
    • Amounts owed (30%): A bad credit score is often due to owing large amounts of money. The more you already owe, the less likely it is that you’ll be able to pay off new debt.
    • Length of credit history (15%): You’re a less risky borrower if you’ve been reliably paying off debts for many years. A shorter credit history will lead to a lower credit score. This is also influenced by how long your individual credit accounts have been open.
    • Credit mix (10%): Having a variety of types of credit, such as a credit card, a retail card, a mortgage, a personal loan, and/or a car loan, improves your credit score. Having only one type of credit account will lower it.
    • New credit (10%): People who open multiple new credit accounts in a short period of time are statistically riskier borrowers. They’re more likely to have bad credit.

    Your credit score gives you and lenders a quick indication of your credit standing, but you don’t necessarily have to check your credit score to know if you probably have bad credit.

    A few signs of damaged credit can include having your application for a loan, credit card, or apartment denied, or experiencing unexpected cuts to your credit limits. Your interest rates on existing accounts might rise, and you might receive communications from one or more debt collectors.

    Your credit score has likely taken a hit if you’ve been more than 30 days late on a credit card or loan payment, or if you have multiple maxed-out credit cards.

    Ordering your credit score from myFICO.com is one of the best ways to confirm your current credit standing. There are also a number of free credit score services you can use to check at least one of your scores from the most widely used credit bureaus: Equifax, Experian, and TransUnion.

    note

    Free credit score services don’t always provide a FICO score. They often provide only a limited view of your credit. You may only get a credit score from Experian but not from TransUnion or Equifax.

    You can take a look at your credit report to understand exactly what’s affecting your credit score. This document contains all of the information used to create your credit score.

    What Are the Penalties for Bad Credit?

    Having bad credit can make it difficult to get approved for new credit cards, a mortgage, or other loans. You may be offered a high interest rate or other unfavorable terms if you are approved.

    Bad credit can impact other areas of your life, as well. Landlords may not accept you as a tenant, or they may only agree if you have a cosigner. Bad credit can even make it harder for you to get a job if your potential employer checks your credit score as part of your job application.

    A good credit score shows that you’re a dependable borrower, which makes lenders more willing to have a relationship with you and give you funds. Consumers with very good or exceptional credit scores have better odds of loan, rental, and mortgage approvals. They can choose from a wider selection of credit card and loan products with more favorable interest rates.

    How to Get Rid of Bad Credit

    Having bad credit isn’t a permanent condition. You can improve your credit score and demonstrate that you’re a responsible borrower by correcting negative information and improving each of the five categories that make up your credit score.

    Check and Correct Your Credit Report

    Start by reviewing your credit report thoroughly. Look for any information that’s incorrect, such as paid debts that are listed as delinquent or accounts that you never opened. You can dispute these errors directly with the credit reporting company by sending a letter detailing any mistakes.

    Check for information that should have been removed. With the exception of bankruptcy, negative information can only be listed on your credit report for up to seven years. You can dispute any negative items that haven’t expired.

    note

    You may be a victim of identity theft if you find any items or accounts in your credit report that you don’t recall opening. You may have to institute a credit freeze or fraud alert, notify your bank and credit companies, or even file a complaint with the FTC to resolve the issue.

    Improve Your Credit Score

    Removing negative information is just one part of the process. You should also add positive information by improving as many areas of your credit score as you can.

    Keep your oldest credit account open and in good standing to add to your credit age. The longer you’ve had credit, the better it is for your credit score.

    Don’t take on new debt or close credit cards in order to change your credit mix or amount of new credit. Closing credit accounts will suddenly leave you with a higher debt-to-available-credit ratio. It can negatively impact your credit score.

    Focus on improving your payment history and lowering the amounts you owe. These are the two biggest factors in a bad credit score. Work toward bringing past-due bills current and paying down high balances. Continue to make regular payments on all your debts while focusing on paying off your larger ones.

    Open new accounts sparingly. Take on only as much debt as you can afford. Make on-time payments. Keep your credit card balances low, and monitor your progress using a free credit score tool.

    You might notice some improvement in your credit score right away when you’re caught up on payments, and positive information starts to show up on your credit report. It can take anywhere from several months to a few years to completely fix your bad credit, depending on how low your credit score was to start with.

  • What Is Loan/Lease Payoff Insurance?

    Key Takeaways

    • Loan/lease payoff insurance will pay up to 25% of your vehicle’s current cash value after your insurance company has paid you if the vehicle is stolen or totaled.
    • Your insurer must declare the vehicle a total loss.
    • You can usually add loan/lease payoff coverage to your auto insurance coverage at any time. There’s no deadline for making the decision.
    • You must have existing full coverage on your vehicle to qualify.

    Definition and Examples of Loan/Lease Payoff Insurance

    Standard loan/lease payoff insurance pays the amount you owe on a totaled vehicle’s loan after your insurance company has paid you because your car has been totaled in an accident or it’s been stolen. You can only purchase this type of insurance if you’re buying the most comprehensive coverage insurance on your vehicle. It typically pays up to 25% of the vehicle’s current cash value (ACV), allowing for any insurance deductible.

    • Alternate name: Gap insurance

    For instance, if you bought your car and still owe $20,000 on it, it may only have a Kelly Blue Book value of $15,000. You are “upside down” on your car loan. If you are then in an accident where your car is totaled, your insurance may only pay you for the value of the car, which is $15,000. That means you still owe $5,000 to the bank for the remaining balance on your car loan. Payoff or gap insurance could help you pay the bank some or all of that remaining balance.

    note

    Progressive is one notable insurer that lumps loan/lease payoff coverage with a gap insurance product.

    How Loan/Lease Payoff Insurance Works

    The term “loan/lease payoff” is often used in place of gap insurance. Both coverages work in a similar way, but there are some subtle differences between the two. Providers can assign their own sets of rules to loan/lease payoff insurance that separate one type of insurance from the other. Other providers might not distinguish between the two coverages at all.

    Suppose that John has purchased a new Chevy truck for $28,000. He purchased the truck with a 0% down payment and an extended six-year loan to keep his payments low.

    Unfortunately, the truck is stolen within a month of purchase. The insurance company determines that the ACV of John’s truck is just $21,000 due to the plunging value of these vehicles when they’re driven off the lot. That’s a difference of $7,000, compared to what John Owens on the loan.

    Luckily, John purchased loan/lease payoff coverage through his car insurance provider. This insurance will cover 25% of his ACV. It works out like this:

    • 25% of $21,000 is $5,250.
    • The insurance company will therefore pay $26,150 after subtracting a $100 deductible.
    • John is responsible for paying for the remaining $1,850 balance.

    John must pay out of pocket to meet his obligation, but he’s still better off than he would have been without the loan/lease payoff coverage, even though his loan wasn’t paid off in full. This is an extreme example of depreciation and no down payment, and it’s an unlikely scenario.

    note

    In most cases, you would find that 25% of the current cash value will cover the remainder of your loan in its entirety.

    Loan/Lease Insurance vs. Gap Insurance

    Gap insurance tends to be a bit more generous and flexible than loan/lease payoff coverage and in some critical ways. You can often avoid out-of-pocket costs at all with gap insurance. You won’t be forced to come up with a portion of the balance in order to retire the loan against the destroyed or stolen vehicle.

    Loan/Lease Payoff Insurance Gap Insurance
    Does not cover deductibles May cover deductibles
    Pays only up to 25% of the vehicle’s current cash value Pays the difference between the vehicle’s current cash value and the loan balance against it

    Do I Need to Buy This Coverage?

    It’s always best to discuss this type of coverage with your insurance agent rather than deciding on your own whether you need it. Make sure you understand all the details and restrictions that apply to loan/lease payoff agreements.

    It can provide helpful coverage even if it doesn’t pay 100% of what you owe, and it will certainly come in handy compared to not having any access to coverage when you know you’re underwater on your car loan. However, some consumer advocates argue that the premiums for these coverages are often too high given that claim payouts are fairly infrequent.

  • High-Value Home Insurance: What Is It?

    Definition and Examples of High-Value Home Insurance

    High-value home insurance is a type of homeowners insurance that is designed for homes with high market value. A high-value home is defined as property worth $750,000 or more.

    Homes that fall into this group might include heritage homes, or homes with special architectural or interior design elements. Of course, they may simply be a mansion. This type of insurance is a full package of coverages and is one of the most comprehensive you can buy. High-value policies provide much better coverage than a standard homeowners insurance policy.

    note

    High-value home insurance isn’t only for houses. You can purchase this type of policy for high-value condos, as well.

    How High-Value Home Insurance Works

    If you have an above-average priced home, standard forms of home insurance that provide “average coverage” may not be enough to protect or replace your property if you file a claim. To ensure that your policy limits are high enough to avoid paying large amounts of money out of pocket, you may want to think about buying high-value home insurance.

    Will Standard Home Insurance Be Enough?

    Although the details be set according to the terms in your contract, a standard homeowners insurance policy covers a wide range of costs that might occur in the course of owning a home. At the most basic level, it pays for the cost to repair or rebuild the structure of your home if it is damaged. It will also replace the items within it if they’re taken or destroyed. (Claims of this nature will factor in depreciation in the value of your items, and any payouts will reflect this.) It funds lawsuits that a person might bring against you, due to bodily harm or damage to others’ property, so long as the cause relates to your home. Lastly, it covers any extra costs you might incur for living away from home while your home is being repaired, such as for a hotel or home rental.

    How Does High-Value Home Insurance Differ?

    Most high-value home insurance policies provide all of the coverage offered by a standard home insurance policy, but with higher limits and extra coverage for the unique needs of people who own expensive homes (and items within those homes).

    For example, suppose that John and Jane are next-door neighbors. Both have high-end homes with period features, including ornate wall carvings. Each home has a current market value of $750,000. John has standard homeowners insurance with a structural coverage limit of that same amount. Jane has a high-value home insurance policy featuring a built-in guaranteed replacement cost coverage.

    A major fire occurs on their street, and both John and Jane’s homes have to be rebuilt. Because the homes have features and materials that are hard to replace, the current cost to rebuild each is $850,000. John’s policy does not cover more than the stated limit, which leaves him $100,000 below what he needs, after his home is built back to his former glory. In contrast, Jane’s policy comes with the extra feature, so it would cover the full cost of work, even if it exceeds the coverage limit.

    What Does High-Value Home Insurance Coverage?

    The most common reason for choosing to purchase high-end home insurance is expanded coverage limits, compared to standard homeowners insurance policies, but it can also include a wide range of extra perks or add-on services.

    Compared to standard home insurance, a high-end policy includes larger policy limits or enhanced coverage for the following:

    • Structural repair or replacement: Structural coverage for standard homeowners insurance may be limited to the cost to rebuild the home. If you think the true cost to build your home back to the state it was in before damage occurred will be higher than what is stated in the contract, you’ll need to get extended or guaranteed replacement cost coverage. This is often an add-on or a rider that will cost you more each month. In contrast, many high-value home insurance policies include extended or guaranteed replacement cost coverage as part of the package. This will allow you to rebuild your home to its former state, even if the cost of doing so exceeds your stated limit.

    note

    The guaranteed replacement cost option covers the full cost of rebuilding the property, no matter how much it exceeds the coverage limit. Extended replacement cost is a more modest option that covers any costs that exceed the limit, up to a certain percentage.

    • Possessions: High-value home insurance affords higher limits for items like money, jewelry, art, antiques, or even business items kept at home. If you only have a standard policy, it often costs 10% more to insure your personal belongings at the cost to replace them, versus the true cash value. And if your claim is based on the current cash value of your items, it will pay out less for older items than you first paid for them, due to depreciation. High-value home insurance most often insures your items at the replacement cost, rather than at the current value, which will give you a bigger payout.
    • Liability: High-value policies often include higher limits for personal liability, medical payments, and loss assessments. They also often cover costs if you need to defend against claims of slander, libel, or defamation.
    • Additional living expenses: You’ll often enjoy much higher coverage limits for living costs you incur while waiting for your home to be restored, such as hotel stays, meals, or laundry.

    Some high-value home insurance policies also provide niche coverages that are not often offered by standard policies. They include things you might not even think of if you suffer home damage, such as the cost to replace locks if your keys are stolen, or to protect against identity theft, or the cost to replace food that has been spoiled due to an electric outage. A policy might even cover the costs of a kidnapping or ransom, and legal defense fees.

    note

    Having coverage for living expenses while your home is often a major asset. Many high-end home insurance policies cover the costs needed to meet your former comforts. If your standard of living aligns, you can even stay in a high-end hotel with all the perks while you take the time to hire the right architects and builders to restore your home after an adverse event.

    Do I Need High-Value Home Insurance?

    Not every dwelling needs high-end home insurance. This type of coverage is specifically designed for houses that would cost a great deal to reconstruct or repair, or if the items in the home are hard or impossible to replace.

    High-value home insurance might be a good choice for you if any of the following are true.

    • Your home is worth $750,000 or more
    • Your home is a heritage home
    • Your home has older construction features not found in common methods or practices
    • Your home has unique architectural features
    • Your home uses materials that are hard to replace
    • You own expensive or priceless fine art, rugs, collections, jewelry, wine, or other items that are kept at home
    • You chose high-end appliances or fixtures that can not be found at standard stores
    • The interior and exterior design features are unique, such as luxurious outdoor living areas, guest houses, swimming pool areas, custom landscaping, or bespoke features that were created by an interior designer

    How Much Does High-Value Home Insurance Cost?

    High-end homeowners insurance policies will cost more than standard versions, because of their increased coverage limits and top-of-the-line personalized experience. Owners of high-value homes need to budget for higher premiums each year. In 2018 (the latest data from the Insurance Information Institute), homeowners in the US paid, on average, $1,249 in annual premiums for standard home insurance. You can bet that a high-value policy will be much higher.

    There are many ways to reduce the price you pay for insurance, no matter the type you choose.

    • Get multiple quotes: Shop around with the major insurers in your state to get the best rate.
    • Choose a high deductible: The insurance deductible is the amount you pay before your insurance coverage kicks in. Opting to pay more out of pocket when you file a claim is a common tradeoff for lower premiums.
    • Bundle your homeowners and auto insurance: Buying both policies from the same insurer can save you anywhere from 5% to 15% on premiums.
    • Look for discounts: Some insurers offer discounts for retirees, or for employees or members of certain organizations.

    Key Takeaways

    • High-value home insurance is a special type of homeowners insurance designed for homes worth $750,000 and more.
    • It provides higher limits on coverage than standard policies, plus additional types of coverage for the unique needs of people who own high-end homes.
    • This type of insurance can cost more than $1,200 per year, but you can lower your costs by shopping around and looking for deals and discounts.
  • What Is Title Insurance?

    Key Takeaways

    • Title insurance can protect both buyers and lenders from financial losses that may occur after a home sale.
    • Lenders require borrowers to purchase title insurance to help protect their investment.
    • A homebuyer must purchase separate owner’s title insurance to protect their legal rights to a property.
    • Your title insurance company will handle future disputes that may arise against your property on your behalf.

    How Does Title Insurance Work?

    Your home is usually the most expensive purchase you will ever make. Title insurance is a way of protecting homebuyers and mortgage lenders from financial losses that may be attached to a bad title for the home you’re buying. Most mortgage lenders require a title search to ensure the property has a clear or clean title before you close on your new home. But sometimes things get missed.

    Title insurance, with varieties sometimes called a loan policy, lender’s policy, or owner’s policy, can help protect you and the lender from any potential disputes, debts, claims, or issues that might arise after your sale is complete. For instance:

    • Conflicting wills
    • Liens or judgments
    • Previous fraud or paperwork forgery
    • Heirs who come forth to claim the property
    • Unpaid property taxes or fees

    Title insurance protects against “any issue that can prevent the seller from legally handing over the title of ownership to the homebuyer. Or unresolved issues pertaining to the title that the previous owner has swept under the rug,” Gates Little, CEO of AltLine at the Southern Bank Company, told The Balance in an email interview.

    note

    A title, or deed, is the document that shows who is the legal owner of a home or property.

    Title insurance is required whenever you buy a property that is secured by a mortgage or when you refinance your mortgage. However, title insurance can be optional if you buy your home for cash or through another unconventional sales transaction.

    Here’s a quick look at how title insurance works:

    • The buyer selects a licensed title company to complete a title search. Your real estate agent, lender, or builder may recommend one, or you can choose your own.
    • The title company checks the property history, including public records, deeds, court records, and names associated with the property.
    • If any issues are found, the title company will attempt to resolve the problem before the buyer closes on the sale.
    • Once any known issues are cleared, the property’s ownership is now eligible to be transferred to the buyer.
    • Before closing on the sale, the lender will require you to purchase title insurance to protect it from future issues.

    Example of Title Insurance

    Unpaid property tax is a common example of why you may need title insurance. “If a seller has years of unpaid property taxes, those fees (and their interest) could be passed along to the new homeowner unless they have title insurance,” Little said.

    Here’s another example: “When you purchase a home, only to find out that certain renovations or additions were done without a permit and must be demolished. “This has obvious financial implications that can be insurmountable without title insurance,” Little said.

    Types of Title Insurance

    Title insurance policies come in two types: lender’s policies and owner’s policies.

    Lender’s Policy

    This type of policy only benefits the lender. It protects it from potential claims against the property that could come up later. Your lender will require you to obtain a lender’s policy to protect the investment they have made into the property.

    Owner’s Policy

    Owner’s title insurance benefits you. It is a separate policy that protects your ownership rights if someone tries to sue you or file a claim against the property. This type of insurance is optional.

    note

    Often, homebuyers have to foot the bill for the owner’s title policy. However, in some states, the seller must purchase the owner’s title insurance for the new buyer. And a few states allow both the buyer and the seller to split the costs.

    Title Insurance vs. Homeowners Insurance

    Title insurance is different from homeowners insurance. Here are the main differences:

    Title Insurance Homeowners Insurance
    Protects your ownership of the home or property Protects you from financial losses if your property is stolen or damaged due to weather, for example
    You only pay the premium once at closing Premiums are paid every year

    Do I Need Title Insurance?

    Absolutely. “Title insurance is important because you can never know a home’s (or homeowner’s) full history. Even a professional title search can have holes. So obtaining title insurance can protect you from the consequences of a stranger’s poor decisions,” Little said.

    One way to look at it is as assurance instead of insurance, because it gives you peace of mind. So if any issues come up down the line, or if anyone ever challenges your ownership of the property, your title company will handle the dispute for you. “Without owner’s title insurance, a homebuyer would have to hire an attorney out of pocket,” Chris Birk, a vice president at Veterans United Home Loans, told The Balance by email.

    Frequently Asked Questions (FAQs)

    What are the advantages of owner’s title insurance?

    “The history of a property is not always a simple line of ownership,” Maria Hanson with ExpertInsuranceReviews.com said. “Every unique feature of a property’s history can present a unique set of legal risks. The title insurance company makes it their job to go through that history with a fine-tooth comb to mitigate their risk. The title insurance company accepts responsibility for you or to the lender that the property is able to be purchased.”

    Is title insurance a one-time fee?

    Title insurance is a one-time fee that is typically rolled into your closing costs. The cost of a lender’s title insurance policy varies, depending on your state, the home’s value, and whether you are buying versus refinancing. Prices can range from $500 up to $2,000. However, you may save money when you buy owner’s and lender’s title insurance from the same company instead of buying them separately.

    How long is title insurance good for?

    When you buy a lender’s title insurance policy, it is good until you pay off the home loan because it is designed to protect the lender. However, when you buy an owner’s title insurance policy, you only pay for it once, but your coverage will last for as long as you own the home.

    The Balance uses only high-quality sources, including peer-reviewed studies, to support the facts within our articles. Read our editorial process to learn more about how we fact-check and keep our content accurate, reliable, and trustworthy.

  • Leveraged ETFs: What Are They?

    A leveraged exchange-traded fund (ETF) is a type of financial product designed to track an underlying index at higher rates of return. It can offer returns as high as 2-3 times the returns of a traditional ETF, but that also makes it a riskier investment option.

    Leveraged ETFs are quickly becoming one of the most popular types of ETFs. And while they are an aggressive new ETF innovation, they are also a controversial one. Before you can formulate an opinion on whether these new funds are good for you, you need to know the basics.

    Definition and Examples of a Leveraged ETF

    A leveraged ETF is a type of exchange-traded fund that tries to outperform the underlying asset that it tracks, usually by producing two to three times the return of the correlating asset.

    • Alternate names: Geared ETF, geared ETP

    For example, if the tracked index rises 1%, a 2x leveraged ETF wants to create a 2% return on investment (ROI). There are also inverse leveraged ETFs, which offer multiple positive returns if an index declines in value. They work the same as normal inverse ETFs; they are just designed for returns of two to three times the opposite of the index.

    How Leveraged ETFs Work

    Leveraged ETFs are designed to include the securities in the underlying index, but also include derivatives of the securities and the index itself. These derivatives include, but are not limited to:

    • Options
    • Forward contracts
    • Swaps
    • Futures

    In other words, leveraged ETFs can be tied to different industry sectors, commodities, or currencies, just as regular ETFs can be. However, while they seek to present better returns than the index they track, their inclusion of riskier assets like options, forward contracts, swaps, and futures meant that leveraged ETFs present more risk than a regular ETF.

    For example, over the course of a few months, an index could rise by 2% but the leveraged ETF that tracks it could fall by 6%. This is due, in part, to the fact that leveraged ETFs reset daily—the goal is to outperform the market on a daily basis. So, you could see a lot of volatility over time, whereas the index the leveraged ETF tracks will likely be far less volatile. And because leveraged ETFs reset daily, they can lead to bigger losses in volatile markets that you may not experience with the index the ETF tracks.

    note

    Whether they are standard-leveraged or inverse-leveraged ETFs, both are designed to trade and generate returns on a daily basis rather than over a longer period of time.

    Benefits of Leveraged ETFs

    The most attractive feature of leveraged ETFs is their potential for high returns. With the ability to outperform the underlying index by two or three times on a daily basis, the rewards can be significant. Inverse leveraged ETFs offer investors a chance at better returns even if the market is falling since they can buy short. Because there are so many types of ETF products available, there is a product for almost any investor interested in these benefits.

    The Risks of Leveraged ETFs

    However, as a derivative product with a high return potential, leveraged ETFs are a fairly high-risk investment.

    Using a 2x leveraged ETF as an example, the simple concept is that if the index rises 1%, the leveraged ETF should create a 2% return. However, simple as that sounds, it’s not always the case.

    Because a leveraged ETF is designed to create multiple returns on a daily basis, it’s not likely to generate returns that high. So, if an index has a yearly return of 2%, the leveraged ETF will probably not have a return of 4%. It will be more subject to the direction of the daily returns throughout the year.

    Another risk of leveraged ETFs is that they can create multiple negative returns. People hear “multiple returns” and think multiple profitsbut a sound investor knows that reward comes at the expense of risk.

    note

    Because leveraged ETFs are more complex and volatile than regular ETFs, they’re not recommended for beginning investors.

    Portfolio Management With Leveraged ETFs

    Every ETF investment strategy should be evaluated on a case-by-case basis. Using leveraged ETFs is an advanced investment strategy and should not be taken lightly. While ETFs offer many benefits, and leveraged ETFs could possibly increase returns, there are risks involved. You should only attempt to trade these securities with a lot of prior experience—and the help of a good broker.

    To get an initial feel for this market, pay attention to how some leveraged ETFs react to market conditions and conduct thorough research. A few examples to follow include:

    • DDM–ProShares Ultra Dow30 ETF
    • SSO–ProShares Ultra S&P500 ETF

    Key Takeaways

    • A leveraged exchange-traded fund (ETF) is a type of financial product that attempts to exceed the returns of its underlying index.
    • Investors can also purchase inverse leveraged ETFs that are designed to perform at higher rates in the opposite direction of the index.
    • Leveraged ETFs can return two or three times as much per day as a traditional ETF, but there are higher risks involved.
  • What Are Series HH Savings Bonds?

    Key Takeaways

    • Series HH savings bonds were a type of Treasury bond that directly deposited interest payments into an investor’s account.
    • These bonds matured after 20 years and paid interest every six months, but investors could cash in their bonds for the full face value at any time after a required holding period.
    • This bond program was ended in 2004, which means that the last of these bonds will mature in August 2024—unless they’re first cashed in.

    Definition and Examples of Series HH Savings Bonds

    Series HH bonds were a type of savings bond program, offered by the US Treasury, that regularly paid out interest to investors. They worked differently from Series EE savings bonds, which instead added that interest income back to the principal value of the bond.

    Investors enjoyed the passive income made possible by investing in Series HH bonds. These bonds came with face values ​​of $500, $1,000, $5,000, and $10,000.

    note

    This savings bond program was designed to reward patient, long-term investors who held the bonds to maturity.

    How Do Series HH Savings Bonds Work?

    When an investor bought a Series HH savings bond, they received a paper certificate that detailed their purchase. If that investor wanted to cash in the bond early, then they needed to return that paper certificate.

    While an investor held Series HH bonds, they would receive interest payments every six months. The interest was deposited directly into the bondholder’s bank account, providing a steady source of investment income that could be spent while the bond was still held.

    note

    Like all Treasury bonds, Series HH savings bonds were backed by the full faith and credit of the US government, which has historically provided among the lowest levels of risk possible for an investor.

    Series HH savings bonds had a minimum holding time of six months. After that, an investor could cash in their bonds for the full face value at any time.

    The Interest Rate on Series HH Savings Bonds

    The interest rate for the Series HH savings bonds was set every six months. When an investor bought a Series HH bond, they locked in that interest rate for 10 years, after which the rate could be adjusted for the next 10 years. Series HH savings bonds reach maturity and stop earning interest income altogether 20 years after the investor bought them. At maturity, the investor is repaid the face value.

    Because the last Series HH bonds were issued in 2004, some are still paying out interest.

    note

    Interest income received from Series HH savings bonds must be reported in the tax year it is received, but it is not subject to state and local taxes.

    Like the Series I savings bond, the Series HH savings bonds could be redeemed for full face value at any time after the minimum holding period. That means investors didn’t need to wait 20 years to get their principal back. However, once an investor receives their principal back, they stop earning interest income.

    What It Means for Individual Investors

    Since Series HH savings bonds mature after 20 years, the last of these investment vehicles will mature in August 2024, so it’s likely that there are still Series HH savings bonds out there somewhere. However, since these bonds can be cashed early, there may be fewer bonds remaining than were originally issued back in the early 2000s. The bonds that are still held will continue paying interest until they mature 20 years after their dates of issue.

    If you own a Series HH Bond, you may still be collecting interest if the bond hasn’t matured yet. You can also cash in the bond if you choose.

    While your local bank can’t directly cash out the bonds for you, it can help you take the steps necessary to receive your principal back. Those include certifying your signature on documents and helping you mail bond certificates to the appropriate Treasury Department address.

    Alternatives to Series HH Bonds

    On September, 2004, the US Treasury Department stopped offering Series HH savings bonds to investors, officially ending the program altogether. While the Treasury Department continues to offer other kinds of bonds, there is not a Series HH replacement that perfectly replicates the features of this program.

    If you’re still interested in owning savings bonds, you could choose Series EE bonds, which earn interest for up to 30 years, or Series I bonds, which earn interest that’s tied to the inflation rate.

    You could also choose other Treasury securities, such as Treasury bills, notes, and bonds, or Treasury Inflation-Protected Securities (TIPS).