L

Lotharius

Member
Mar 20, 2018
38
Is anyone on here knowledgeable on what people in our situation can do about leaving assets to family upon death? I have a vehicle that I own as well as about 6,000 in cash that I would like to leave to the mother of my children(we are separated and not married). I can do a transfer upon death through the dmv/bmv here in Ohio for my car. When it comes to the cash, I was simply saving for a down payment on a new home but I have about 4000 dollars in credit card debt, and 10,000 dollars in student loans. I'm concerned that if I leave the cash anywhere but directly physically to them it could be mostly taken for this debt(it is legitimate debt so it makes sense). I also own around 7,000 dollars in physical assets(musical instruments, electronics, etc). Any advice on how to leave these to others without A) Giving it to them first when death is not guaranteed or B) Leaving it in a will vulnerable to being absolved by the government for debt. I'm thinking the best choice would be to liquidate everything and get cash to them without a heads up on whats going to happen somehow. I see that being difficult without a close friend sympathetic to the situation as a lawyer I do not believe can legally do this. I know its not a whole lot of money but I've had it and I'd like to be able to do something, regardless how small, for others I am going to hurt.
 
Kyrok

Kyrok

Paragon
Nov 6, 2018
970
For the money, you could put it into bitcoin and send the beneficiary access info.
Other than giving it away before you ctb, expect creditors to get first dibs, even over non-liquid assets.

One other possibility is a safety deposit box, with your ex having signing authority to access. If she acts fast, she might be able to get its contents.
 
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Lotharius

Member
Mar 20, 2018
38
These are both actually great ideas, thank you.
 
Jen Erik

Jen Erik

-
Oct 12, 2018
637
Couple different ways I've been thinking of leaving money:
-Cashier's check made payable to the person (not a certified or official check, as those are drawn against the payer's account)
-Money orders, either postal or from a bank
-Traveler's cheques
 
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locusdelicti

locusdelicti

Member
Jan 6, 2019
74
I'll preface this by saying every state's probate system is different. In general, however, while it's true credit card companies can go after your liquid assets (cash/savings accounts), if you liquidate those and disseminate the cash, your debt is pretty small, so the credit card companies will likely just write off the debt. You should be ok there.

A bigger concern is your student debt. What will matter most here is whether the debt is government-backed or private. Depending upon the type of debt, those creditors may go after your estate before your beneficiary gets the rights to the remainder. You'll want to check out the fine print on those loans. That being said, the same thing applies - your estate is only what can be proved. If you can gift away the bulk of your things (e.g., guitars, amps, etc.) you should do so. No one can take what you don't have.
 
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