life

What's the Best Way to Loan Money to Friends?

Life and Money With Helaine by by Helaine Olen
by Helaine Olen
Life and Money With Helaine | August 7th, 2018

Hi, Helaine: A decade ago, a close friend needed money fast. She was a single mom with two kids, her husband had left her and she needed $4,000 for her housing costs. I gave her $2,000 thinking I’d consider it a gift.

I said it was a loan, but I didn’t want it to get in the way of our friendship, so she should know if it took a long time to pay back or if she never paid it, that was an amount I could live without. I didn’t want to be one of those friends who loans money and then watches the person’s every move, wondering why they can afford this or that.

It wasn’t too long after that her life started to improve. She would take vacations and I would think, “Why is it your first priority to take a vacation?” I guess you never forget you’ve loaned money to a friend.

Two years ago, she said to me, “I really should pay you back that $1,500.” I said it was $2,000. She said, “It was?" After that she sent a few checks, maybe $750 in total. Then she announced she was moving to Atlanta. Now she’s flying back and forth across the country -- and not paying me back. Am I at fault? -- Generous Friend

Dear Generous Friend: There’s no agreement among financial experts on how to loan money to a friend -- or even whether you should do it at all. Some say don’t go there; it always leads to busted relationships. Others suggest you get your friend to sign a contract, outlining how you will be paid back.

A third school of thought suggests you make all loans to friends a gift. This way, you aren’t wondering when you will be repaid. I will admit this is my preferred strategy -- when I can afford to do so. Few of us can afford to make four-figure gifts.

So did you make a mistake? Yes. I’m guessing you weren’t too clear with your, uh, friend. This is understandable. Who wants to have formal contract negotiations with a friend over money? Friendship is more than that. But that doesn’t mean you were at fault. Even the experts can’t agree on what’s the best way to handle this, so what are the chances poor little you will get it correct?

The thing about friendship is that we learn to accept each other, flaws and all. But acceptance does not mean you need to be used. This person -- I refuse to use the word "friend" here -- failed that test. This “friendship” appears to be fading out. Help it along that path by muting her on social media, so you don’t need to view all the ways she is spending the money she never returned to you.

(To ask Helaine a question, email her at askhelaine@gmail.com.)

(EDITORS: For editorial questions, please contact Sue Roush at sroush@amuniversal.com)

DISTRIBUTED BY ANDREWS MCMEEL SYNDICATION

life

Grief Puts Saving on Hold

Life and Money With Helaine by by Helaine Olen
by Helaine Olen
Life and Money With Helaine | July 31st, 2018

Dear Helaine: I am 30, married, and my husband and I jointly have $127,000 in investments. We both fund our 401(k)s to take advantage of the corporate match, and I am able to fully fund a Roth IRA as well. We have no debt besides our mortgage and student loans.

Trying to have children has been a challenge. My husband worked a second job to avoid going into debt for fertility treatments. I carried and birthed two babies, knowing they wouldn’t come home from the hospital due to diagnoses “incompatible with life.” Our third child is healthy and the light of our lives.

We got pregnant again, only to discover my life was in danger. Ending the pregnancy via emergency surgery was the only option. My husband and I agree we want more children, but we’re taking our time figuring out if that means more fertility treatments, adoption or surrogacy.

We had $20,000 in savings, but we depleted it by half to do projects on our house as a form of therapy. I’m debating stopping my Roth IRA contributions this year to purchase some items I’ve always wanted. The logical side of my brain says the contributions will be worth more in the long run. My grieving heart reminds me that nobody’s future is guaranteed, so why not enjoy life while I can. What do you advise? -- To Stop or Not to Stop

Dear Stop: You are an extraordinary woman. You’ve gone through three pregnancies, two of which ended in tragedy. At the same time, you and your husband are such nose-to-the-grindstone, diligent people, you managed to not only avoid debt while paying for expensive fertility treatments, you’ve bought a home and managed to set aside more than $100,000 in retirement accounts.

And now you are asking me if you can let go a bit, that the future is not a sure thing and why not enjoy the moment? There is no question about my guidance: I am officially giving you permission to temporarily stop your Roth IRA contributions as you mourn for those lost children and what could have been, as well as for the time it takes you and your husband to decide how to best move forward with your lives. It’s most important that you take care of yourself in the here and now.

If you are feeling a bit of guilt, take some of the money you aren’t putting in a retirement account and put it aside for your child’s future college education in a 529 college savings plan instead.

(To ask Helaine a question, email her at askhelaine@gmail.com.)

(EDITORS: For editorial questions, please contact Sue Roush at sroush@amuniversal.com)

DISTRIBUTED BY ANDREWS MCMEEL SYNDICATION

life

Ex-Wife Uncovers Man's Hidden Assets

Life and Money With Helaine by by Helaine Olen
by Helaine Olen
Life and Money With Helaine | July 24th, 2018

Hi, Helaine: My husband and I divorced five years ago. Because I had no money -- I had taken a big career hit by staying home for a decade to raise our children -- I accepted his suggestion that we go through mediation instead of getting separate lawyers. I’ve recently discovered that he had a lot more stashed away in secret accounts I didn’t know existed. Do I have any recourse? He is surely relying on my not being able to afford an expensive lawsuit. -- Broke Ex-Wife

Dear Broke Ex-Wife: First, I am so sorry about this. It’s hard to end a marriage. It must be even harder to find out years later that he lied about finances when you trusted him enough to go through mediation instead of the often more adversarial court process to legally dissolve it. It’s a profound betrayal.

But what do you do now? According to Kelly Frawley, a matrimonial litigator with Kasowitz Benson Torres in New York, your first step is to set up a consultation with a divorce lawyer in your state so you can discover what rights you possess. Each state has a different statute of limitations on how you can handle this kind of situation, with different deadlines revolving around when the mediation was held, and when you first should have known of the deception by your ex-husband.

And that’s key. Were the accounts disclosed during the mediation and you and/or your representative missed it? Did you exchange sworn statements of assets and liabilities? If you decided to waive your right to that process because you trusted your husband, there is no deception. If, on the other hand, your now former spouse deliberately hid assets from you, you’ve possibly got a cause for action. Only a lawyer will know for sure.

A bigger point that’s probably too late for you, alas, but can help someone else in the future: Mediation does not mean completely forgoing legal advice. The mediator is there to help guide the parties to a dispute toward a settlement, but a mediator does not represent either side. There’s a lot of due diligence -- especially financial due diligence -- that goes into a divorce. The assistance of a lawyer is invaluable as you navigate that.

A lawyer can also advise you on what to say during the mediation, so you can get the best deal for yourself. In fact, if there are substantial assets at play, forgoing the advice of a lawyer is the definition of penny wise and pound foolish.

That’s not to dis mediation. Mediation is less adversarial than allowing lawyers to do battle. That’s no small consideration. But no one should endanger their long-term financial health in hopes of putting a collapsed marriage behind them. That only makes it more likely the damage of the failed relationship will continue on, ultimately hindering your ability to get on with your life.

(To ask Helaine a question, email her at askhelaine@gmail.com.)

(EDITORS: For editorial questions, please contact Sue Roush at sroush@amuniversal.com)

DISTRIBUTED BY ANDREWS MCMEEL SYNDICATION

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