Tuesday, May 12, 2009
Bruce Wiliams :: Townhall.com Columnist
No Withdrawal Without Surrender
by Bruce Wiliams
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DEAR BRUCE: How can I get the rest of my money out of an annuity? I haven't paid surrender fees for years. My insurance broker has a deaf ear every time I bring it up! -- R.K., via e-mail

DEAR R.K.: Unhappily, I know of no way you can accelerate taking your money out of the annuity without paying a very serious surrender fee. This is one of the reasons that many of us have counseled against many types of variable annuities. While the insurance guy selling (who made a very comfortable commission) will tell you how wonderful the tax advantages are and the returns, they don't share with you that many times you have to wait as many as seven years before you can get to your principle without penalty. This is a contract and has to be lived up to by both sides. There has been in the past litigation by government officials to force companies to accelerate the surrender. I doubt seriously that you're going to find precedent that will allow you to make these withdrawals without some considerable expense. We live and learn.

DEAR BRUCE: I have a longtime heterosexual life partner. We have always kept our finances separate besides owning a house and a car together. We have $30,000 left on our current mortgage, and we also have taken out a construction loan for building a new house. There is quite a bit owed on the car. I have always made the house payment (loan in both names), and he has always made the car payment (loan in his name only-title in both names). He has been let go from his job and is collecting unemployment. I have been at my job for 18 years, and it is relatively secure. He is getting behind because he can no longer make his payments. I am making the house payments and now the car payments, but cannot pay other bills in his name. Am I legally affected if he starts getting bad credit as long as I cover what is in both our names? My credit is great. -- S.T., via e-mail

DEAR S.T.: While I am not at all enthusiastic about people who are unmarried buying homes together, you have done so and, apparently, so far it has worked out for you. The essential question that you have asked is can you be held responsible for other bills that he has in his name. The answer is, no. That having been observed, a creditor can most certainly move against the real estate that you own together as well as the automobile you own together. You are not responsible for his debts, but lenders have every right to move against any interest that he may have, including those that you own jointly.

DEAR BRUCE: My credit score is around 700. I normally pay my bills on time but I have incurred a large amount of credit card debt in recent years. My daughter will be graduating from college in May. That being said, I am finally in a position to start paying down my credit card debt. My question is, where should I start? I am a federal employee, and I have about 40 weeks of sick leave in reserve. Should I try to save money for a reserve account, or should I begin paying my credit card debt off? My yearly salary is around $84,000 per year. My primary mortgage is $1,260 and my rental property is covered by the rent. -- P.L., via e-mail

DEAR P.L.: Your 700 credit score is a good one and should allow you to borrow money from various sources. You mentioned that you have a large amount of credit card debt. The first thing I'd want to explore is the interest that the credit card is charging. In the event that it is reasonable, I would continue it there. If it is fairly high, you might wish to look into a home equity loan, assuming the equity is there, at a lower interest rate. The burden of the college child has been substantial, as I too can attest. That will make your life much easier. I wouldn't be seriously concerned about the reserve amount that always can be borrowed on the short-term from your credit card. The first thing to do is determine the amount of interest. Secondly, is it a reasonable amount, and is there another source where the money can be borrowed while you're in this payout mode at a lower cost.

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About The Author

Brucce Williams is a contributor to the Motley Fool.

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