Q: My car payment is $465 a month with a 22 percent interest rate. I need to get out of this car and into a lower car payment. My credit is poor. What is the best solution to go about this?
A: There are a number of solutions, most of which probably won't work for you.
If you could do without a car for a while and owe less than this car is worth, you could sell it to pay off the loan. The fact that you haven't already done so indicates that you either need a car or have no equity, or both.
Fixing your credit could help you get a better deal, but that's tough to do with an unaffordable car payment. You need to have enough free cash flow to put a down payment on a secured credit card or make monthly payments on a credit-builder loan, which are two of the best ways to rehabilitate your credit. Your finances also have to be sound enough that you don't miss payments on any credit obligation, including the car.
If you bought an overpriced jalopy from a "buy here, pay here lot," or you were approved at a regular dealership but your rate got jacked up at the last minute, the dealer may have violated Truth in Lending laws that would allow you to get out of the deal. You'd probably need an attorney to help you pursue this option. You may luck out and find one that can help you at your local legal aid society. Otherwise, you could check with the National Association of Consumer Advocates to see if you can find affordable help.
Even if you were successful in getting out of this loan, of course, you still are likely to need a car and you'd still have bad credit, which means that you probably wouldn't get a better deal on the next car than the bad one you have now.
If you can, the best option might be to get a second job or ask for overtime hours to pay this loan off as fast as possible. Then you could get a credit-builder loan, which puts the money you borrow into a certificate of deposit you can claim after making 12 monthly payments. This small loan could be enough to significantly boost your credit scores and give you some cash to make a down payment on the next vehicle.
Q: My stepmother passed away in December 2006, and her executor, who was her financial planner, distributed the estate according to her trust. A while after this, I discovered that she had a life insurance policy that hadn't been addressed. The executor pursued this and found that $80,000 was due to the three primary heirs. However, he kept saying things were "in process." At least a couple of years later, he said he had the check but didn't know how to proceed because the estate was settled and also the insurance company had been taken over by another company. I finally saw the actual check (in April 2016) that he had. He claims he's pursuing this but keeps going silent on us for extended periods of time. What can we do?
A: One possibility is that he showed you a phony check after pocketing the money. The other possibility is that he's stunningly incompetent. It's not clear which option is more disturbing.
Any estate-planning attorney, or financial planner who has taken an estate-planning class, could tell him that life insurance proceeds typically pass outside the probate process, which means the estate wouldn't necessarily have to be reopened. (Even if the estate did need to be reopened, every state has procedures for doing so.)
"I would think that the executor could merely endorse the check over to the three heirs," said Los Angeles estate planning attorney Burton Mitchell. "Or he could open an estate bank account, deposit the check, write a check to the beneficiaries and then close the account."
At this point, of course, the check may be too stale to cash, but that's not an insurmountable problem, either. The current insurer would be able to reissue the check if the assets haven't been turned over to the state or "escheated." If the money was escheated, the executor can file a claim with the state to get it back.
Blaming his inaction on the insurance company takeover is absurd. All he needed to do was to call the new insurer, which has all the records of the old one.
The heirs have a number of options. They can petition the probate court to order the executor to distribute the life insurance proceeds. They can hire an attorney to help them do so or to contact the executor to demand he act, or both. They also can file a complaint with the company that employs him (assuming he's not self-employed), with the regulator that oversees him and with the entity that issued his credentials, assuming he has any.
What they shouldn't do is wait any longer. The executor's inaction has already cost them years of lost potential investment returns.