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frb1951
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| Number of Posts: | 60 |
| Registered on: | 4/12/2012 |
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re: Body shop endorse my name.
Posted by frb1951 on 10/28/12 at 1:43 am to StrangeBrew
Perhaps your employer will have the same policy as you in their payments to you. In other words, if you make an error in your time sheets, expense records, etc.. and under bill your company then you need to "pay" for your mistake and eat the money your company should have paid you.
Perhaps your company will take the same approach and of all of their employees, you are the one who will understand why your
paycheck is less than what you earned.
What goes around in life comes around.
Just for the record, I hardly doubt their handling of the check for the damages to your car is their standard policy. As an insurance adjuster, I'm sure you already investigated that angle. A simple apology is all that you were "owed". Who pays for increased costs due to unreasonable customers???? We ALL do!
Perhaps your company will take the same approach and of all of their employees, you are the one who will understand why your
paycheck is less than what you earned.
What goes around in life comes around.
Just for the record, I hardly doubt their handling of the check for the damages to your car is their standard policy. As an insurance adjuster, I'm sure you already investigated that angle. A simple apology is all that you were "owed". Who pays for increased costs due to unreasonable customers???? We ALL do!
quote:
...and I was notified if my spouse has available health insurance benefits and chooses to stay on my plan....
I think the answer here lies with your wife's company, and it may very well be "no". Seems your company is asking does your spouse (at this time) have available health insurance benefits? The fact that she had benefits available to her several years ago and whether they are available to her today are two different issues. Because it is open enrollment for your company, it doesn't necessarily mean that your wife's company will immediately offer the insurance benefits she turned down several years ago. I doubt that they would. If that is the case, then you shouldn't owe the $600 per year. If you would terminate employment at your company, then a "life's event" would have occured that would automatically make your wife eligible to be insured under her employer's health insurance but that hasn't happened.
quote:
1. Is it legal to do this in Louisiana?
Contact the Louisiana Department of Insurance. They can answer the legalities of the situation.
I would definitely get something in writing if her company will not allow her immediate coverage.
All of the above statements are subject to the new Health Act rules and regs which are constantly being updated (daily). The new Health Act could be the very reason your company is seeking new options insofar as covering spouses.
Several years ago, an employer with fewer than 50 employees terminated their (small employer) group insurance plan because the spouse of one of their employees became ill with lung cancer. The insurance agent then sold individual policies to all of the employees and spouses except for the employee who had a spouse with cancer. He was sold a policy. She was not. So I do feel it's better for employees to be covered under a large employer's plan....that may change, however, if the Health Act is not repealed.
The above is not to say I don't blame your employer to charge the extra $600 per year though, however, the legality of it is a good question to want answered!
re: Is "walking away" from a mortgage wrong?
Posted by frb1951 on 10/16/12 at 8:14 am to TheHiddenFlask
A man is only as good as his word.
re: Any real estate investors?
Posted by frb1951 on 10/13/12 at 10:52 am to BullredsRus
Regardless of what entity you choose, there is no substitution for paying for the proper amount of insurance. No entity can shield an individual from liability if such things as disregard of safety factors, an individual's actions causing bodily harm to another, etc..
Whatever entity you set up, remember to strictly follow proper procedures for such entity and purchase a sufficient amount of insurance! Insurance is the key for protection from liability regardless of the entity chosen for tax purposes.
Whatever entity you set up, remember to strictly follow proper procedures for such entity and purchase a sufficient amount of insurance! Insurance is the key for protection from liability regardless of the entity chosen for tax purposes.
re: Been discussed before, but I can't find it... small business banking
Posted by frb1951 on 10/10/12 at 11:31 am to Meauxjeaux
Ok Meauxjeaux,
Since no takers so far, I can only tell you of my past experience with banking and opening a new business...years ago...maybe things are different now..??
I'd strongly suggest a small bank or credit union versus a regional bank. Had it not been for our small home town bank in the 80's when my spouse was in the construction business, we would have probably lost everything. My husband called the mid to late 80's "The Great Louisiana Depression".
Many businesses did fail at the time. Because of banking with a small bank where we were a name rather than a number, our loan officer bent over backwards to help us through those years.
A neighbor who works for the same bank confided that many times in board meetings, our loan officer would voice his confidence in us paying the loan(s)and asked for patience from the board members on our behalf.
That same bank has now been swallowed up by a regional one. When you walk in to the main branch of the bank in our local city, you have the feeling that you just walked in to a funeral parlor. The once bustling hub of the city which once employed 80 to 100 is now reduced to 2 to 3 employees.
I know the days of small banks are just about over, but in the interim, they normally serve their customers with genuine interest and care.
Credit unions are also my pick any day over a regional bank.
Good luck...hopefully others will chime in!
Since no takers so far, I can only tell you of my past experience with banking and opening a new business...years ago...maybe things are different now..??
I'd strongly suggest a small bank or credit union versus a regional bank. Had it not been for our small home town bank in the 80's when my spouse was in the construction business, we would have probably lost everything. My husband called the mid to late 80's "The Great Louisiana Depression".
Many businesses did fail at the time. Because of banking with a small bank where we were a name rather than a number, our loan officer bent over backwards to help us through those years.
A neighbor who works for the same bank confided that many times in board meetings, our loan officer would voice his confidence in us paying the loan(s)and asked for patience from the board members on our behalf.
That same bank has now been swallowed up by a regional one. When you walk in to the main branch of the bank in our local city, you have the feeling that you just walked in to a funeral parlor. The once bustling hub of the city which once employed 80 to 100 is now reduced to 2 to 3 employees.
I know the days of small banks are just about over, but in the interim, they normally serve their customers with genuine interest and care.
Credit unions are also my pick any day over a regional bank.
Good luck...hopefully others will chime in!
re: IRA early withdraw to fund another. (Update)
Posted by frb1951 on 10/9/12 at 9:55 am to tigerrocket
[quote]Posted by tigerrocket
In Louisiana retirement accounts are considered community property if contributions came from income earned while married.
[/quot
I agree. Community property (especially $)
unfortunately, is primarily responsible for
greed, arguments, additional attorney fees,
and at times creates an unnecessary tax bill
when dealing with retirement accounts and
unforeseen events such as a death (not unforeseen....untimely would be a better description) or divorce. In Louisiana, especially, it is hard for any advisor to give a "yes" or "no" answer because of what the advisor has experienced with other clients. Bottom line, an advisor can give a clients his 2 cents (some advisors explain the "why" of their advice better than others) but ultimately it's the clients' decision as what route to take.
An advisor that wouldn't discuss the possibilities of what can happen in certain situations wouldn't be worth a dime!
In Louisiana retirement accounts are considered community property if contributions came from income earned while married.
[/quot
I agree. Community property (especially $)
unfortunately, is primarily responsible for
greed, arguments, additional attorney fees,
and at times creates an unnecessary tax bill
when dealing with retirement accounts and
unforeseen events such as a death (not unforeseen....untimely would be a better description) or divorce. In Louisiana, especially, it is hard for any advisor to give a "yes" or "no" answer because of what the advisor has experienced with other clients. Bottom line, an advisor can give a clients his 2 cents (some advisors explain the "why" of their advice better than others) but ultimately it's the clients' decision as what route to take.
An advisor that wouldn't discuss the possibilities of what can happen in certain situations wouldn't be worth a dime!
You can also call the Louisiana Licensing Board for Contractors to get free advice to help you make your decision. If I'm not mistaken, I think there is a form that you can fll out and file with the court with possibly an automatic lien being filed. Certainly, the Contractors' Board can stir you in the right direction, hopefully without having to shell out any more money at the present as I'm sure the bite has taken a chunck out of your pocket book!
Good Luck!
Good Luck!
re: Timber Property Investment. Any Tips for a Novice?
Posted by frb1951 on 10/8/12 at 11:10 pm to TheHiddenFlask
Land is one of the best investments, if not the best investment there is. Be sure to hire a Forester before you have any timber cut as he can survey your timber and mark the trees you should cut which provide other trees the room to grow, etc.
Foresters generally know which ones to cut and which trees to save. The only other problem you might encounter is finding a reputable logging company. Check references not only on the Forester, but also on the logger.
Many times a good Forester will work with one particular logger as good, honest ones are hard to find. Also, when your timber is being cut, have someone on hand to make a log of each truck that leaves your property so you can follow the sells and make sure you're are getting paid for all of your timber.
You might want to start with LSU's Agricultural Department for the names of some good Foresters.
Good luck!
Foresters generally know which ones to cut and which trees to save. The only other problem you might encounter is finding a reputable logging company. Check references not only on the Forester, but also on the logger.
Many times a good Forester will work with one particular logger as good, honest ones are hard to find. Also, when your timber is being cut, have someone on hand to make a log of each truck that leaves your property so you can follow the sells and make sure you're are getting paid for all of your timber.
You might want to start with LSU's Agricultural Department for the names of some good Foresters.
Good luck!
re: Living Will - To Give Up or to be a Burden?
Posted by frb1951 on 10/8/12 at 10:56 pm to Bayou Tiger
quote:
Does anyone have a living will?
I can't get myself to pull one together, although I suspect that it would be better for my family if I did (or would it?). Either I tell them to pull the plug, or I state that by golly I should be kept in a vegetative state forever. There is definitely some gray area of course.
What are some of the legal or family implications of having one or not having one? Anyone have some advice on navigating this?
Bayou Tiger,
Please read my two posts above before you make your decision. If I hadn't known what can happen when a patient turns in a living will to a hospital upon admittance, I probably would have done the same thing. It'll be a cold day with 6' of snow in Baton Rouge before any facility gets one from me! :doublebird:
Part of the second to the last paragraph vanished. Here's the rest of it:
Always two sides to every situation...just be careful not to release the living will to ANYONE other than an attending physician, and only then at such time as there is no hope and your loved one is not able to talk for himself/herself because he/she is comatose!
Don't mean to scare anyone, it's just that I've seen it happen at a major hospital in Baton Rouge and I would hate to see the same happen to any other patient!
Always two sides to every situation...just be careful not to release the living will to ANYONE other than an attending physician, and only then at such time as there is no hope and your loved one is not able to talk for himself/herself because he/she is comatose!
Don't mean to scare anyone, it's just that I've seen it happen at a major hospital in Baton Rouge and I would hate to see the same happen to any other patient!
re: Living Will - To Give Up or to be a Burden?
Posted by frb1951 on 10/8/12 at 10:43 pm to DanglingFury
I recently discussed this matter with my attorney who was drawing up my will. I mentioned a living will, however, I also told him why I was against one. I had an elderly friend who was in the hospital after suffering a stroke after a heart cath. (Evidently a piece of plaque was knocked loose when the instrument went thrugh her veins.)
After the stroke, she was still able to speak. She called her daughter one night to tell her she was having trouble breathing but the nurses would not give her oxygen. The fastest family member who could get to the hospital happened to also be a nurse (at a different facility). She was able to straighten out the nurses who misinterpreted a living will to mean no treatment at all! Oxygen was immediately put on this poor elderly patient and she felt much better!
My attorney shook his head affirmatively and then told me of his recent trip to the same hospital when he was admitted for a knee replacement surgery. When the interviewer asked him if he had a "living will", he responded, "I sure do. He then pointed to the lady sitting next to him and said "this is my wife of 40 years and she's also my living will". I have told her my wishes. He then told me for the same reason as to what happened with the elderly lady I spoke of originally is exactly why he doesn't recommend Living Wills.
I do have a power of attorney whereby I appointed two of my family members who have been granted my permission to make medical decisions for me if I am not able to communicate them myself. They know they are to talk to the doctor(s) directly and not the nurses who might misinterpret my final wishes.
Always two sides to every situation....just be careful not to release the living will to ANYONE
Normally a living will is for the doctor to interpret and the patient should be at the point of no return, usually certified by two different physcians. Also, the patient is normally comotose. There is a huge difference is making a fully aware talking patient comfortable and pulling the plug on a comotose patient who has no chances of ever recovering, etc...
After the stroke, she was still able to speak. She called her daughter one night to tell her she was having trouble breathing but the nurses would not give her oxygen. The fastest family member who could get to the hospital happened to also be a nurse (at a different facility). She was able to straighten out the nurses who misinterpreted a living will to mean no treatment at all! Oxygen was immediately put on this poor elderly patient and she felt much better!
My attorney shook his head affirmatively and then told me of his recent trip to the same hospital when he was admitted for a knee replacement surgery. When the interviewer asked him if he had a "living will", he responded, "I sure do. He then pointed to the lady sitting next to him and said "this is my wife of 40 years and she's also my living will". I have told her my wishes. He then told me for the same reason as to what happened with the elderly lady I spoke of originally is exactly why he doesn't recommend Living Wills.
I do have a power of attorney whereby I appointed two of my family members who have been granted my permission to make medical decisions for me if I am not able to communicate them myself. They know they are to talk to the doctor(s) directly and not the nurses who might misinterpret my final wishes.
Always two sides to every situation....just be careful not to release the living will to ANYONE
Normally a living will is for the doctor to interpret and the patient should be at the point of no return, usually certified by two different physcians. Also, the patient is normally comotose. There is a huge difference is making a fully aware talking patient comfortable and pulling the plug on a comotose patient who has no chances of ever recovering, etc...
re: IRA early withdraw to fund another. (Update)
Posted by frb1951 on 10/7/12 at 6:19 pm to ZereauxSum
I'm still more concerned about the offer from the company than I am about how the couple will fund the contribution. Is it just me?
Does anyone ever question investments any more? Maybe because I've recently uncovered a scam one of my clients was unknowingly involved with. I would imagine investing is going to require a lot more of prior personal research from all of us than in the past as these economical times seems to be a breeding ground for bad and/or scam investments.
Does anyone ever question investments any more? Maybe because I've recently uncovered a scam one of my clients was unknowingly involved with. I would imagine investing is going to require a lot more of prior personal research from all of us than in the past as these economical times seems to be a breeding ground for bad and/or scam investments.
re: IRA early withdraw to fund another. (Update)
Posted by frb1951 on 10/7/12 at 1:39 pm to ZereauxSum
quote:
So I guess by his reasoning, married couples should never join finances in any way.
quote:
Me too. I actually assumed that there was something we were all overlooking.
Oh well, at least your client learned something new
I'm definitely not defending word for word what the advisor told his client, however, after years and years of seeing rock solid couples (you've seen them...you would NEVER suspect in a million years that certain couples would part ways) split and have awful battles with community property issues, I could definitely see where keeping retirement accounts separate would be beneficial, not just for such things as divorce but also for the death of one the spouses especially where children not belonging to both spouses are involved.
By co-mingling retirement accounts, then having to later separate those funds could result in unnecessary income taxes just to settle up community property or estate issues.
By not explaining to his client the reasoning, I could definitely see where some might consider the advisor's thoughts "silly".
If I have the following facts right, stop and do a little investigation before making a decision:
1. Wife's company usually matches "a high amount" of employees 401(k) accounts but did not match at all in 2012..
2. "Last week" the company announced they will match up to 15k of any contribution for the remainder of the year.
Wife's company had to be in a financial bind earlier this year because of not matching the contributions, and the company is now telling employees it will "match up to 15k of any contribution for the remainder of the year".
With the announced new match for the remainder of 2012, one of two possible scenarios are:
1. The company made such a turnaround in it's financial picture that it is now able to make this "too good to be true" match.
OR
2. The company is struggling to survive and by "matching" 15k of employee deferrals, it temporarily gets company off the hook with a horrible cash flow problem. $15,000.00 less per employee for paychecks from now through 12-31-12 would help any company with cash flow.
401(k) plans have government red tape a mile long associated with them on the employer's end. I wonder if the company made the required reporting as to altering the match percentage as it did at the beginning of 2012. Also, did the company again make the proper reporting to IRS to alter again their match percentage for the balance of 2012, and is it even legal for a company to do this? Trying to decipher 401(k) reporting requirements, match rules and regulations can make one nauseated reading them on IRS.gov.
Companies can do wonderful things with "constructive accounting" to make their financial picture bright...the situation just seems odd to me and personally, that would be the first hurdle I see in this matter.
1. Wife's company usually matches "a high amount" of employees 401(k) accounts but did not match at all in 2012..
2. "Last week" the company announced they will match up to 15k of any contribution for the remainder of the year.
Wife's company had to be in a financial bind earlier this year because of not matching the contributions, and the company is now telling employees it will "match up to 15k of any contribution for the remainder of the year".
With the announced new match for the remainder of 2012, one of two possible scenarios are:
1. The company made such a turnaround in it's financial picture that it is now able to make this "too good to be true" match.
OR
2. The company is struggling to survive and by "matching" 15k of employee deferrals, it temporarily gets company off the hook with a horrible cash flow problem. $15,000.00 less per employee for paychecks from now through 12-31-12 would help any company with cash flow.
401(k) plans have government red tape a mile long associated with them on the employer's end. I wonder if the company made the required reporting as to altering the match percentage as it did at the beginning of 2012. Also, did the company again make the proper reporting to IRS to alter again their match percentage for the balance of 2012, and is it even legal for a company to do this? Trying to decipher 401(k) reporting requirements, match rules and regulations can make one nauseated reading them on IRS.gov.
Companies can do wonderful things with "constructive accounting" to make their financial picture bright...the situation just seems odd to me and personally, that would be the first hurdle I see in this matter.
re: question about filing taxes
Posted by frb1951 on 8/31/12 at 7:50 am to jonanthans
It's 3 years from due date of return that a taxpayer can receive a refund (with interest paid to the taxpayer, as well). NO fees or penalties, etc....if due a refund. Penalties and interest are based on balance owed to IRS. If you don't owe...5% of 0 = 0, etc. IRS's rate of interest owed to the taxpayers with refunds when late returns are filed within the 3 year period varies and is announced yearly.
re: inherited savings bonds, who pays tax on the interest? **UPDATE**
Posted by frb1951 on 7/12/12 at 12:01 pm to Tigerpaw123
The bonds will transfer through probate to the legatee. When the bonds are cashed in, the 1099 will be issued in the name of the legatee and the interest (which will be paid to the legatee) should be reported on the legatee's return for the year he/she cashes them.
I'll be happy to take that burden of paying the taxes...just sign the bonds over to me and the legatee won't have the burden! ;)
I'll be happy to take that burden of paying the taxes...just sign the bonds over to me and the legatee won't have the burden! ;)
A couple of more things to consider in regard to your post about the school system being a political mess. I KNOW exactly what you are saying...however, there are good systems to work in such as the Zachary system from what I have been told.
Are you determined to live in the Parish you are now living in? Is this one of the less desirable systems to work and send your kids to school, therefore, you want your kids in a private school?
Basically, we have the same situation as described above and we have many teachers teaching in the public system simply to be able to afford to send their kids to a private school for a better education than they see happening in the public system. Private systems just can't afford to pay their teachers the same as public systems.
Another thought to play with your mind: If your wife does receive a monthly retirement check from the La. Teacher's Retirement System or other givernment or parish entity, an offset will be made to the social security benefit that your wife might qualify for such as a spousal benefit. There is so much that needs to be considered, especially in your wife's situation...don't rush into a decision. Get all of the facts so y'all can make an informed decision. Good Luck! ;)
Are you determined to live in the Parish you are now living in? Is this one of the less desirable systems to work and send your kids to school, therefore, you want your kids in a private school?
Basically, we have the same situation as described above and we have many teachers teaching in the public system simply to be able to afford to send their kids to a private school for a better education than they see happening in the public system. Private systems just can't afford to pay their teachers the same as public systems.
Another thought to play with your mind: If your wife does receive a monthly retirement check from the La. Teacher's Retirement System or other givernment or parish entity, an offset will be made to the social security benefit that your wife might qualify for such as a spousal benefit. There is so much that needs to be considered, especially in your wife's situation...don't rush into a decision. Get all of the facts so y'all can make an informed decision. Good Luck! ;)
Judge,
First thing to remember, don't rely on retirement personnel for tax advice. Talk with whoever does your taxes to get a true picture of your year end tax situation with each option.
In the interim, if she merely withdraws her retirement rather than rolling it over directly to an IRA, the retirement system is required to withhold 20% in Federal taxes and will hold more if she requests them to do so. Assuming your wife won't qualify for any exceptions to the 10% penalty if she withdraws her retirement, then the total Federal taxes that she will ultimately owe will be what bracket this extra income will fall into on your joint return plus an additional 10%. For instance, if her withdrawal falls into the 25% bracket on your return, then 35% is the actual taxes that will be due on the withdrawal. If that is the case, unless she requests 35% withholding rather than the standard 20%, you will definitely see a reduction in your refund which would be the best case scenario. If your refund doesn't take care of the additional 15%, then you will end up owing when your return is filed for the year she withdraws her retirement.
A withdrawal or monthly retirement checks from the La. Teacher's Returement System is NOT taxable on your Louisiana return. HOWEVER, if the retirement is rolled over to a traditional IRA and then withdrawn, the entire amount is taxable on your Louisiana return. When your wife reaches age 65, current La. law excludes the first $6,000 of retirement income from other retirement items such as an IRA. "Current law" is the key here as there are studies going on presently on what exemptions, credits, etc the state can stop in the future to try to bring in additional funds to the treasury.
To make a long story short, there are many things that need to be considered before y'all make your decision. If you prepare your own returns normally, my best advice would be to bring a copy of your latest return together with an estimate of your current years income and sit down with a tax professional BEFORE you make a decision. Too many times retirement offices or employers don't paint the true picture of the tax consequences of a retirement withdrawal. For some taxpayers, 20% withholding may produce a refund if little or no other income is involved. For other taxpayers, 20% withholding is simply not enough. FYI: The early withdrawal penalty has NEVER been 8%.
First thing to remember, don't rely on retirement personnel for tax advice. Talk with whoever does your taxes to get a true picture of your year end tax situation with each option.
In the interim, if she merely withdraws her retirement rather than rolling it over directly to an IRA, the retirement system is required to withhold 20% in Federal taxes and will hold more if she requests them to do so. Assuming your wife won't qualify for any exceptions to the 10% penalty if she withdraws her retirement, then the total Federal taxes that she will ultimately owe will be what bracket this extra income will fall into on your joint return plus an additional 10%. For instance, if her withdrawal falls into the 25% bracket on your return, then 35% is the actual taxes that will be due on the withdrawal. If that is the case, unless she requests 35% withholding rather than the standard 20%, you will definitely see a reduction in your refund which would be the best case scenario. If your refund doesn't take care of the additional 15%, then you will end up owing when your return is filed for the year she withdraws her retirement.
A withdrawal or monthly retirement checks from the La. Teacher's Returement System is NOT taxable on your Louisiana return. HOWEVER, if the retirement is rolled over to a traditional IRA and then withdrawn, the entire amount is taxable on your Louisiana return. When your wife reaches age 65, current La. law excludes the first $6,000 of retirement income from other retirement items such as an IRA. "Current law" is the key here as there are studies going on presently on what exemptions, credits, etc the state can stop in the future to try to bring in additional funds to the treasury.
To make a long story short, there are many things that need to be considered before y'all make your decision. If you prepare your own returns normally, my best advice would be to bring a copy of your latest return together with an estimate of your current years income and sit down with a tax professional BEFORE you make a decision. Too many times retirement offices or employers don't paint the true picture of the tax consequences of a retirement withdrawal. For some taxpayers, 20% withholding may produce a refund if little or no other income is involved. For other taxpayers, 20% withholding is simply not enough. FYI: The early withdrawal penalty has NEVER been 8%.
Personally I'd never put 20 acres of land up for collateral in addition to the lot that my house will be built. I'm sure your mortgage company won't turn it down. Have you tried to get the loan without using the acreage? If it's a requirement, why not survey out a lot to be used for additional collateral rather than the whole 20 acres?
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