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A Shocking Death, a Financial Lesson and Help for Others

Stuart Isett for The New York Times

Stuart Isett for The New York Times

In the days after Chanel Reynolds’s husband was hit while riding his bicycle near Lake Washington here and the best-case possibilities just kept getting worse, she was not yet consumed by grief. There were no dogged middle-of-the-night Web searches for faraway cures for his crushed upper spine or tearful bedside vigils with their 5-year-old son. Instead, the buzz in her brain came from a growing list of financial tasks that grown-ups are supposed to have finished by the time they approach middle age. And she and her husband, José Hernando, had not finished them.

“I was finding it really hard for me to stay present and in the room and to be able to hear what the doctors were saying because I was so overwhelmed with not knowing how much money we had in our checking account, and the fact that we had our wills drafted but not signed,” she said. “I didn’t know whether I was going to be able to float a family by myself.”

In the many months of suffering after Mr. Hernando’s death in July 2009, she beat herself up while spending dozens of hours excavating their financial life and slowly reassembling it. But then, she resolved to keep anyone she knew from ever again being in the same situation.

The result is a Web site named for the scolding, profane exhortation that her inner voice shouted during those dark days in the intensive care unit. She might have called it Getyouracttogether.org, but she changed just one word.

The site offers some basic financial advice, gives away free templates for a master checklist and provides starter forms to draft a will, living will and power of attorney. There’s also a guide to starting a list of all of the accounts in your life that someone might need to access and shut down in your absence.

All of these forms and lists are already out there on the Web in various places, though rarely in one place. But there are two things that make Ms. Reynolds’s effort decidedly different.

First, the world of personal finance suffers from an odd sort of organizational failure. We tend to organize our thinking around products: retirement accounts, mortgages, long-term care insurance. But in the real world, it’s a big life event that often governs our hunt for solutions. Sometimes, it’s a happy one, like getting married. But there are few ready-made tool kits like the one Ms. Reynolds has assembled for people considering the possibility of serious illness or death.

The other thing that compelled me to sprint here right after I stumbled across her site Tuesday night was that it is not neutered, stripped of the mess of feelings that govern much of what we do with our money. Sometimes, we just need to meet the person in personal finance. Maybe, just maybe, hearing the story of someone who has been there, in the worst possible way, can finally push us all into action. And we desperately need to act. According to a survey that the legal services site Rocket Lawyer conducted in 2011, 57 percent of adults in the United States do not have a will. Of those 45 to 64 years of age, a shocking 44 percent still have not gotten it down.

People who get a fatal diagnosis from a doctor at least have a bit of time to sort things out. But Ms. Reynolds and her husband had made only a few plans. Mr. Hernando was 43 years old on the day in July 2009 when a van mowed him down while making a left turn into the path of his bicycle. He was a self-taught engineer who played guitar in a band called Moonshine back when Seattle was the world capital of rock. At the time of his death, he rode for a cycling team and was a Flash developer working at the highly regarded firm Frog Design.

Given all that vitality, death was the farthest thing from Ms. Reynolds’s mind when she kissed him goodbye after failing to persuade him to take their son along for the ride. Which was why she was confused when she checked her phone from a party two hours later and found 14 missed calls, none of which were from numbers she recognized.

After his death, this much was clear: The family with the six-figure income and the four-bedroom house that they had bought in the Mount Baker neighborhood one year before had a will with no signature, little emergency savings and an unknown number of accounts with passwords that had been in Mr. Hernando’s head. What saved Ms. Reynolds, now 42, from ruin was life insurance. They didn’t have a lot, but they had just enough (a couple of hundred thousand dollars in the end) to keep her from having to go right back to work as a freelance project manager and sell the house at a big loss right away. It helped pay for the education of their son, Gabriel, who is now 9, and for Mr. Hernando’s daughter from a previous relationship, Lyric, who is 16 and still close to Ms. Reynolds and her brother. Ms. Reynolds now carries a $1,000,000 term policy on her own life.

So she did not go bankrupt. But the lack of a signed will ended up costing her thousands of dollars in unnecessary legal fees. And then there was the extended period of suspended animation, where she was trying to figure out where she stood with insurance and retirement accounts and phone bills but could not get the information that she needed without account numbers and passwords. She describes that netherworld as a slow death by a thousand paper cuts. “Sometimes it was the one little, last thing that put me over the edge,” she said.

“I’m trying to figure out how best to take care of my son and when I can go back to work and how much I’ll lose on the house. And if I have to spend 30 minutes following up with some bank that won’t take a check from him, I just don’t have the extra 30 minutes to do this again.”

But she did it again and again, dozens of times, following the same “Hello, my name is Chanel and my husband just died and I need access to X account” script. Once she had enough emotional distance from it all, she created her Web site, where she tries to persuade others to take a couple of hours now to spare themselves countless hours of hardship later.

It’s true that her efforts are not unprecedented. Nolo helped pioneer a do-it-yourself legal movement, and its state-by-state materials are thorough. Several commercial sites can help store and sort your documents and accounts, including organizemyaffairs.com, estatedocsorganizer.com, legacylocker.com, aftersteps.com, thedocsafe.com and safeboxfinancial.com.

There are a few things about Ms. Reynolds’s site that seem unique to me, though. The first is her raw insistence on considering what it means if you’re having trouble finding the right people to serve as your estate’s executor or to inherit prized possessions.

“If you are at a loss for whom to name, get out there and tighten up your friends and family relationships,” she writes on the site. “Find some better friends. Be a better friend. This is everything. This means everything.”

It did for her, at least. “I felt really lucky when I went down my favorites list on my iPhone at the hospital, and everyone showed up,” she said. Hospital staff eventually had to gently inform Ms. Reynolds that her large group of supporters was getting in the way.

She also urges people to leave traces of themselves. This is particularly crucial for parents who fetishize every piece of preschool artwork and capture every meaningful moment but rarely come out from behind the camera themselves. Forget about just preserving memories of your children for yourself. What about the things that they may need to remember you by?

I asked two lawyers for feedback on Ms. Reynolds’s efforts. Bill Cahill, a lawyer who writes wills for many people who live near me in Brooklyn, said that her legal templates were infinitely better than nothing. He did lament Ms. Reynolds’s choice of a name for her Web effort. “It seems to me that the whole process deserves more dignity,” he wrote in an e-mail message. While a private admonition to get it together may well be worthwhile, he added, “the coarseness of the communication is not appropriate for the public square.”

Ms. Reynolds considered this but decided that she needed to be honest. “Those were actually the words that came out of my mouth in the I.C.U.,” she said. “To try to come up with another word to describe something that is part of my own personal experience is too hard to do for me, and it doesn’t, for me, communicate the level of importance and intensity and emotion that comes along with the content.”

Diana S.C. Zeydel, a shareholder at Greenberg Traurig in Miami and chairwoman of the estate and gift tax committee for the American College of Trust and Estate Counsel, applauded Ms. Reynolds’s consciousness-raising efforts. But she worried that some people who adopted Ms. Reynolds’s sample will (from a template derived from her own Washington State will, which she wrote with the help of a lawyer) as their own could end up worse off than if they had nothing, depending on their circumstances.

It is not surprising that a lawyer would urge you to consult a lawyer, and Ms. Reynolds is not at all opposed to anyone doing so. She also doesn’t accept the idea that anyone even remotely like her and her late husband cannot afford it. “If people can save to go on vacation, they can save to do this, too,” she said.

Ms. Reynolds’s Web site is only four days old as of this writing, and within 24 hours it had been shared over 100 times on Facebook. She has already heard from a social worker in Santa Fe, N.M., who was near retirement and had not yet pulled her financial records together and a 22-year-old with no children who is now considering a living will. So already, Ms. Reynolds feels that it’s been worthwhile to share her own experience, if only to help people feel the relief that she now feels because she has her act together.

“It takes way more energy to worry about something than it does to be relieved,” she said. “It makes a lot more space for joy and gratitude and happiness. And the rest of your life.”


Get your s**t together with a comprehensive estate plan as part of a comprehensive legal services plan…for less than the cost of a cup of coffee a day! Do it now!

Posted in Legal Services, Social.

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7 Tips for Stopping Cyber Bullies

Today, online bullying is a reality for adults and teens alike. The personal nature of social networking, the ability to broadcast information to large groups of people in seconds and the bully’s feeling of anonymity can make this type of harassment particularly damaging and hurtful. These tips are designed to help you prevent and/or stop cyber bullies.

  1. Talk to your children. Keep an open dialogue with your kids about their online social circle. Let them know if they are bullied they can talk to you. Also, make sure they understand the damage that bullying can cause others. Look for warning signs that your child is being bullied or bullying and step in right away.
  2. Do not respond to a bully. Save or copy emails, messages or other evidence, but avoid engaging with a tormentor.
  3. If the perpetrator is a minor you may try reaching out to a parent or guardian to intervene in the matter. Many parents are surprised to learn that their children are bullying and will help intervene.
  4. If the bully attends your children’s school, discuss the matter with an administrator or counselor. Some schools have guidelines for dealing with cyber bullies and preventing escalation.
  5. File formal complaints with phone and internet providers to block the bully.
  6. Physical threats, stalking or harassment may constitute a criminal matter. Contact the police to report the abuse right away.
  7. Talk to your LegalShield provider law firm to find out what other options may be available to you and your family. Laws dealing with online harassment vary; it is important to discuss the matter with an attorney who knows the laws in your state or province.

Posted in Legal Services, Social.

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Study: Elderly Brains Have Trouble Recognizing Untrustworthy Faces

PROBLEM: There’s a con going around known as the “Grandma scam,” where people impersonating elderly adults’ grandchildren convince them they’re in trouble and beg them to send money. And this is only the latest iteration of older Americans being scammed out of their savings. In 2010 adults over the age of 60 lost “at least $2.9 billion in 2010 to financial exploitation, ranging from home repair scams to complex financial swindles.” Sure, anyone can be susceptible to irrational thinking when confronted with the interplay of middle-of-the-night urgency and concern for their family — but why is it that older people seem so often to be the victims of this sort of thing?

METHODOLOGY: Researchers at UCLA, funded by the National Institute on Aging (I looked into it — they’re legit) pitted older adults against a younger generation to test how savvy they were to potential con artists. They showed 30 photographs of faces, “selected to represent the full range of trustworthiness,” to 119 older adults, with a mean age of 68, and 24 younger adults, with a mean age of 23. The participants were asked to rate the faces on how trustworthy and approachable they appeared to be. (According to the researchers, untrustworthy faces tend to have insincere smiles, broken eye contact, or just exude a feeling of something being “off.”) Then, in a related study, they showed the pictures of faces to 23 older adults and 21 younger adults (they were slightly older, with a mean age of 33) — this time while conducting fMRI scans of the participants’ brains.

RESULTS: Everyone in the first study had strong and similar reactions to the trustworthy and neutral faces. But the older adults were more trusting of the untrustworthy faces than were their younger counterparts. When looked at through the fMRI data, older adults had very little activity in their anterior insula — the area of the brain associated with the “gut feeling” that something is wrong — which was much more active for younger adults, especially when the face was sinister.

CONCLUSION: The behavioral and neurological evidence, taken together, suggests that “a diminished ‘gut’ response to cues of untrustworthiness may partially underlie older adults’ vulnerability to fraud.”

IMPLICATIONS: Older adults have in general been shown to be less sensitive to negative cues, write the authors. This “positivity bias,” which leads them to report higher levels of happiness and satisfaction with life, can be considered a good thing — until people try to take advantage of that.

“I would tell older adults to just hang up on solicitors,” said lead author Shelley Taylor. “Don’t talk to salesmen pushing investments — just say no. Do not go to the free lunch seminars where there are investment pitches. Stay away from these people. I’m not saying that all of these are fraudulent, but the best thing that you can do if your brain isn’t helping you to make these discriminations is not to have to make them.”

So far as internet scams go, those of the more cynical younger generation might want to show their elders how to use Snopes, or install a fact-checking filter. The full study, “Neural and behavioral bases of age differences in perceptions of trust” was published in the journal Proceedings of the National Academy of Sciences.

Posted in Scams.

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25% of Credit Information Is Flat-Out Wrong? How Consumers Are Getting Screwed

It’s about time regulators take on the industry that impacts your financial fate.
November 16, 2012 Alternet.com

Monopoly. We all know the game – one of the Parker Brothers’ best – as a quintessential American pastime with the potential to bring generations together (or spark heated arguments among those of us with a bit of a competitive streak). But when that term is applied not to board games, but instead to board rooms, it has a decidedly negative connotation. Everyone knows how important competition is to a free market economy, after all.

That’s what makes the ineptitude and pervasive conflicts of interest that mark the credit reporting and scoring industry due to a lack of competition so hard to fathom. It’s also what underscores the drastic need for reform.

Credit Reporting Conflicts of Interest
A relatively small number of companies – namely Experian, Equifax, and TransUnion – currently dominate the credit reporting space and use our credit data more as a means of advancing their own business interests than serving the needs of their customers (i.e. us and the lenders who review consumer credit reports). A perfect example of this is how Experian has made FICO Scores based on their reports — inaccessible to consumers , yet accessible to big banks. They did so to encourage use of their own in-house credit score, but the move also made it impossible for consumers to understand how they’re being rated by a lot of lenders. In other words, the ability for consumers to make sound financial decisions was expendable in the pursuit of maximized profits. That’s not the exception either, it’s the norm. The interests of credit reporting companies simply aren’t always in line with those of consumers (i.e. accurate and accessible data).

Credit Reporting Inaccuracies
Credit reporting conflicts of interest don’t represent the only downside stemming from the dearth of credit reporting competition either. We’ve also had to tolerate an alarming amount of inaccurate information in our credit reports. Studies have shown that as many as 25% of credit reports contain errors significant enough to cause a denial of credit. When you consider that the ability to build credit is perhaps more important than Internet access in this day and age – given that it’s used in extending loans, making employment decisions, tenant screening, evaluating vehicle lease applications, etc. – it’s obvious how detrimental credit report mistakes can be for you and me. And that’s not even to mention the fact that debt collectors use credit reports to go after consumers. If this information isn’t accurate, you could be forced to pay and undergo a lot of stress unnecessarily.

So, what exactly can regulators do?

How to Cure What Ills the Credit Reporting Industry
Well, the Consumer Financial Protection Bureau (CFPB) actually began monitoring all credit bureaus with at least $7 million in annual revenue (94% of the market) on September 30, 2012, with an emphasis on curtailing the prevalence of mistakes in consumer reports. That’s undoubtedly a great first step, but, in order to bring about lasting fundamental change, regulators need to cut to the chase and require credit bureaus to sell consumer credit data at a set price to any company with the necessary permission to access it.

Simply fostering a more straightforward market for consumer credit data might not seem like a groundbreaking move at first glance, but consider the effect it would have on competition. Credit reporting is a largely untapped $4 billion market, which means countless companies will inevitably be clamoring to get a piece of the pie if the price is right. With more businesses competing with one another to best serve the needs of lenders and consumers alike, it’s only a matter of time before we see:

  • Fewer credit reporting mistakes: With more competition, neither consumers nor banks will have to tolerate error-riddled credit reports, as they could simply switch providers if a particular company is underperforming. That threat would provide ample incentive to emphasize accurate reports and would usher in a race to the top, rather than allowing the current middling practices to persist.
  • More predictive credit scores: Much like the above, with more actors involved in credit scoring, companies will have to step up their game in order to garner business. Those with the most advanced credit scoring models will ultimately win out, and banks will have fewer unexpected defaults to deal with.
  • Better product terms: Without the need to factor as big of a revenue cushion for unexpected defaults into their product terms and pricing, banks will be able to offer more attractive products and services at lower prices. That will obviously save us a pretty penny. Banks will also be healthier financially, which will have a positive impact on the economy.
  • Innovative products and services: It’s no secret that many of the most important everyday inventions stem from research. Expanding access to the credit reporting space could have a similar effect, as companies would likely experiment with new applications and products designed to make sound financial management easier. That’s got to be of interest for the 80% of people who say they could use professional financial assistance, according to the Foundation for Credit Counseling.
  • A healthier economy: When you look at all of these things in concert – more accurate credit reports and scores, fewer unexpected defaults, and a more financially capable citizenry – there’s no question that the economy would benefit from increased competition in the credit reporting and scoring industry. We could certainly use it too, considering the struggles of the past few years and the still-high unemployment rate.
  • Final Thoughts
    Ultimately, credit reporting inefficiency isn’t something most people think about unless they have bad credit themselves, and then they’re perceived as whiners who can’t own up to their own mistakes. In reality, however, the credit reporting and scoring industry is deeply flawed and desperately in need of regulatory attention, and the benefit of fixing it would be all of ours to share.

    Posted in Social.

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    McAfee’s 12 Scams of Christmas and Holiday Shopping Survey

    McAfee released the results of its 2012 Holiday Online & Mobile Shopping Study as well as the 12 most popular scams cyber criminals plan to use to cheat consumers this year.

    The survey, conducted by Harris Interactive among 2,397 adults ages 18 and older, revealed the following trends:

  • 1 in 4 Americans plan to shop online this Holiday season via mobile (phone/tablet)
  • 13 percent of all Americans will use an app this holiday season to research or purchase holiday gifts.
  • Roughly four in ten (41 percent) American smartphone and/or tablet owners indicate that they have used mobile devices to research or purchase holiday gifts.
  • Among those planning on using mobile devices to purchase gifts this holiday season, just over half (54 percent) indicate that they expect to use apps for shopping and/or banking during that time.
  • Nearly nine in ten (87 percent) American smartphone and/or tablet owners are concerned that their personal information could be stolen while using an app on such devices.
  • Here’s what McAfee lists as the 12 scams to watch for. A good, comprehensive list, methinks.

      1. Social media scams: Cybercriminals know social media networks are a good place to catch you off guard because we’re all “friends,” right? Scammers use channels, like Facebook and Twitter, just like email and websites to scam consumers during the holidays. Be careful when clicking or liking posts, while taking advantage of raffle contests, and fan page deals that you get from your “friends” that advertise the hottest Holiday gifts, installing apps to receive discounts, and your friends’ accounts being hacked and sending out fake alerts. Twitter ads and special discounts utilize blind, shortened links, many of which could easily be malicious.

      2. Malicious Mobile Apps: As smartphone users we are app crazy, downloading over 25 billion apps for Android devices alone! But as the popularity of applications has grown, so have the chances that you could download a malicious application designed to steal your information or even send out premium-rate text messages without your knowledge.

      3. Travel Scams: Before you book your flight or hotel to head home to see your loved ones for the holidays, keep in mind that the scammers are looking to hook you with too-good-to-be-true deals. Phony travel webpages, sometimes using your preferred company, with beautiful pictures and rock-bottom prices are used to get you to hand over your financial details.

      4. Holiday Spam/Phishing: Soon many of these spam emails will take on holiday themes. Cheap Rolex watches and pharmaceuticals may be advertised as the “perfect gift” for that special someone.

      5. iPhone 5, iPad Mini and other hot holiday gift scams: The kind of excitement and buzz surrounding Apple’s new iPhone 5 or iPad Mini is just what cybercrooks dream of when they plot their scams. They will mention must-have holiday gifts in dangerous links, phony contests (example: “Free iPad”) and phishing emails as a way to grab computer users’ attention to get you to reveal personal information or click on a dangerous link that could download malware onto your machine.

      6. Skype Message Scare: People around the world will use Skype to connect with loved ones this holiday season, but they should be aware of a new Skype message scam that attempts to infect their machine, and even hold their files for ransom.

      7. Bogus gift cards: Cybercriminals can’t help but want to get in on the action by offering bogus gift cards online. Be wary of buying gift cards from third parties; just imagine how embarrassing it would be to find out that the gift card you gave your mother-in-law was fraudulent!

      8. Holiday SMiShing: “SMiSishing” is phishing via text message. Just like with email phishing, the scammer tries to lure you into revealing information or performing an action you normally wouldn’t do by pretending to be a legitimate organization.

      9. Phony E-tailers: Phony e-commerce sites, that appear real, try to lure you into typing in your credit card number and other personal details, often by promoting great deals. But, after obtaining your money and information, you never receive the merchandise, and your personal information is put at risk.

      10. Fake charities: This is one of the biggest scams of every holiday season. As we open up our hearts and wallets, the bad guys hope to get in on the giving by sending spam emails advertising fake charities.

      11. Dangerous e-cards: E-Cards are a popular way to send a quick “thank you” or holiday greeting, but some are malicious and may contain spyware or viruses that download onto your computer once you click on the link to view the greeting.

      12. Phony classifieds: Online classified sites may be a great place to look for holiday gifts and part-time jobs, but beware of phony offers that ask for too much personal information or ask you to wire funds via Western Union, since these are most likely scams.

    Let’s be careful out there!

    Posted in Identity Theft, Scams.

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