Friday, December 22, 2017

Applecare and Other Extended Warranties and Protection Plans: The Forgotten Accessories of the Electronics World

Are Your Possessions Protected?

The average person seems to be surrounded by electronics these days: televisions, DVRs, game consoles, etc. And that's not even mentioning the electronics that we carry about on our persons, such as iPhones, Blackberries, Kindles and so on. That being the case, it only seems to make sense to have extended warranties and protection plans.

For the uninitiated, these are service plans that will pay for the repair of replacement of your possessions should they become damaged. This is the same concept that is applied to automobiles and homes. (In fact, I have posts on Home Warranties and Car and Truck Warranties.) Frankly, it really seems counterintuitive to spend hundreds of dollars for an item - plus hundreds more on accessories like cases, car chargers, etc. - and then not purchase something like a product warranty, which has a tremendous return on investment. With that in mind, we'll now take a look at what are clearly forgotten and overlooked electronics accessories: product warranties and protection plans.


AppleCare for iPads, iPhones, Etc.

Apple is currently the world's most vaulable company, with an entire suite of products that the public just can't get enough of, from iPads to iPhones. Thus, if you own these items and want to protect them, it makes sense to go with an AppleCare Protection Plan.

First of all, Applecare is an Apple product itself, so you will have an excellent idea of what you're getting in terms of quality, service and support. Applecare for Macs generally extends technical support as well as hardware coverage for three years from the date of purchase; iPhones,iPads and iPods have 2 years of coverage from the date of purchase. The plan can be purchased at any time, as long as the initial hardware warranty is still in place. Moreover, Apple allows third-party retailers to sell the AppleCare Protection Plan, so you may be able to purchase it at a cheaper price from sellers like Amazon.com than you can buying it from Apple directly.


SquareTrade Warranties


SquareTrade is another well-respected company in the field of warranties and protection plans. SquareTrade offers a wide variety of warranties for a slew of products, from computers to appliances to iPhones and more. In fact, SquareTrade is now the primary warranty provider for several retailers, including Amazon.com.

Moreover, SquareTrade protection plans typically cover accidents as well as defects. This means that, in additon to the typical hardware, mechanical and electrical failures ordinarily covered, damage resulting from accidents such as drops and spilled liquids also fall within the scope of the warranty. (These types of damages are often referred to as ADH - "accidental damage from handling.") SquareTrade offers 2-, 3- and 4-year warranties.


Assurant Protection Plans


Assurant is another provider of protection plans for a broad range of products. Its plans will cover not just typical electronics, but also appliances like televisions, kitchen appliances and more.

An Assurant warranty can run from one to several years, depending on the product. In addition to the usual coverage for defects, many products can also be covered for accidental damage and handling.



SmartGuard Furniture Protection Plans


Since, we've discussed warranties for all types of electronics and appliances, it seems only natural to go on from there and cover other types of possessions. With that in mind, SmartGuard - which offers 3- and 5-year protection plans - is an excellent way to protect furniture.

First of all, a SmartGuard furniture protection plan will, of course, provide coverage with respect to rips, tears and the like. Burns and breakage are also included, as well as stains from such articles as food and beverages. Finally, there is replacement coverage if a product can't be repaired. In short, SmartGuard offers an excellent way to maintain your furniture in prime condition.


In retrospect, product warranties are excellent ideas and constitute a sound investment - especially when you consider what the cost of repair or a new purchase will be. Moreover, it just seems silly to buy, say, a case for something like an iPhone or Kindle, and neglect to purchase - for the same price or less - a warranty or protection plan that can provide coverage for the entire device. Under those circumstances, an accessory like a case probably only amouunts to half the protection you need, at best, because it's not going to do anything for you if there's a bad internal component, like a defective chip.


How to Save Money with a Car Warranty or Service Contract, and Where to Get One

Thanks for visiting my post on car and truck warranties. Basically, once you become an adult, a car is pretty much a necessity. However, vehicle maintenance can be quite expensive. However, you can cut down on that cost and the overall cost of car ownership with an automobile warranty. (And if you find this helpful or informative, please visit my other posts on Home Warranties and Warranties and Protection Plans for Electronic and Devices.)


What is a Car Warranty?

A warranty is a commitment - usually from the manufacturer - that a given product will work or function properly for a certain period of time. If it doesn't, the manufacturer typically repairs or replaces the item for free.

Source: AllPosters.com
In essence, this is how automobile warranties work as well: the car manufacturer basically promises to fix the car if it has any problems within a certain time period or before being driven a certain number of miles. For instance, a car manufacturer may offer a 36-month/36,000 mile factory warranty. Thus, if the car has any issues within the first 3 years of ownership or before being driven 36,000 miles, the manufacturer will fix the problem at no cost to the owner.





Extended Warranties and Why You Need One

An extended warranty (technically, a "vehicle service contract"), can basically be viewed as a supplement to the manufacturer's warranty. It offers vehicle protection in the form of repair services, and is typically designed to pick up at the point where the manufacturer's warranty comes to an end.
Source: AllPosters.com

For instance, if a manufacturer's warranty ends at 36 months/36,000 miles, an extended warranty will pick up at the point, and may go to something like 72 months/100,000 miles. However, whereas the manufacturer's warranty comes with the vehicle, an extended warranty is an item that has to be purchased separately.

Still, as anyone with a car knows, vehicle maintenance is expensive. Moreover, taking a vehicle to a mechanic to inspect one problem invariably leads to the mechanic finding several other things wrong. Because it can essentially cover all major repairs (even the hidden ones that mechanics always find), an extended warranty usually pays for itself many times over by the time it eventually expires.


Getting Extended Warranties or Service Contracts: Car Dealers

When buying a new car or truck - and often when purchasing a used one - the dealer will usually ask if you are interested in getting an extended warranty. The answer to this question should always be "yes". This is typically the first place to look in terms of getting an extended warranty.

Of course, no one is saying that the dealer is offering you the best warranty deal out there. In fact, you can almost rest assured that you can find something cheaper. The primary benefit of getting the service contract from the dealer is that usually you can finance the cost of the warranty by rolling it into the price of the car. As decent warranty contracts can often run well over $1000, this is definitely something that merits your consideration. However, as already noted, the savings will more than pay for the contract in most instances. Moreover, you can usually take your vehicle to virtually any mechanic you want for repairs.

(On a side note, if you haven't seen Used Cars starring Kurt Russell, you're missing one of the funniest movies ever made.)


Getting Service Contracts and Extended Warranties Online and Elsewhere

If you choose not to buy an extended warranty from the dealer who sold you the car or truck, you still have many options. First of all, the warranty department at a dealership is usually separate and distinct from the vehicle sales department. Thus, you can usually call the warranty department at any dealership - even one where you didn't buy you car - and get a quote on a vehicle service contract.

Likewise, you can search online for a good deal. There are many reputable warranty companies that have an online presence (as almost everyone does these days), so finding one shouldn't be an issue. Then its just a matter of determining the covergae you want and what the price will be. Personally, I usually try to get the most extensive coverage available. For a few hundred dollars more you can usually get several years and thousands of miles more in coverage. To me, that's a good deal.



High Mileage Warranties: Over 100,000 Miles

It may come as a surprise to many, but you can actually get an additional extended warranty to cover your car or truck even though you may have high mileage. The coverage is not likely to be nearly as extensive, but you can usually cover the major systems - typically for another 100,000 miles or so - and thereby continue to reduce your out-of-pocket costs for repairs.

Be wary, however, as this is a range of coverage where service may not be of the same quality as it was when your mileage was lower. Moreover, you'll probably want to start looking and - if possible - get the new policy before coverage under your existing policy expires completely. In other words, if your coverage is for 100,000 miles and you're at 90,000, it's a good time to start looking.

As was the case with earlier warranties, a high-mileage warranty will more than likely save you money in the long run.


All in all, there are numerous was to get a warranty on your car, and it is almost always worth the cost. Thus, it's a good idea to go ahead and make that particular investment in your vehicle.

The Value of a Home Warranty

For those who aren't familiar with them, home warranties are a great way to save on the cost of repairs around the house. As with automobile warranties, they will pay for themselves many times over. (For more info on auto warranties and service contracts, please visit my posts on Car and Truck Warranties and Warranties and Protection Plans for Electronics and Devices.)


What is a Home Warranty?

A man's home is his castle, they say. That being the case, he will want to take care of it, and a home warranty can help. A home warranty essentially operates on the same principle as insurance: you purchase it to cover the repair of certain items that may break or simply cease to work. This could include plumbing, garbage disposal, major appliances, etc.

Source: AllPosters.com
To see how a home warranty might work, assume that you have such a warranty and awake one day to discover that the icemaker on your refrigerator is no longer working. You'd simply have to make a service call to your home warranty company, and they would arrange for a qualified repairman to come fix the problem. You would be required to pay a minimal charge for the service call - usually about $50 - but that is your entire out-of-pocket expense, even if they have to replace the entire refrigerator!




Home Warranties Tend to be Inexpensive

Home repairs can be expensive. Anyone who has had an air conditioner go out in the middle of summer or a refrigerator suddenly go on the fritz can testify that they are expensive items to replace or have repaired. That being the case, it is a bit surprising to discover that home warranties are fairly inexpensive - typically only a few hundred dollars per year. This is pennies in comparison to what the full cost of certain repair jobs would be.

I personally learned my lesson about home warranties several years ago, when we returned home from a weekend, out-of-town trip to discover our kitchen floor covered in water (something went haywire with the refrigerator-freezer) and the air conditioning wasn't working. (Did I mention that this was during summer?) After getting gouged with respect to the repair work, I got a home warranty policy and have had one ever since. More to the point, I have always gotten more out of the warranty than I ever put in. By way of example, we recently had three guys here at the same time working on our refrigerator, microwave and washer and dryer - and our only out-of-pocket expense was a single charge for the service call.


You Can Cover Almost All Major Appliances

As further proof that home warranties are a good deal, for the cost of just a few hundred dollars a year you can usually cover all the major appliances in your home, as well as your plumbing, air conditioning and heating units, garage door and garbage disposal. Afterwards, as mentioned earlier, you simply pay a set amount (about $50) for each service call.


The Work is Guaranteed

My experience with home warranties is that they always send a skilled and certified repairman to address your issues. Moreover, the work is always under warranty as well, just as you might expect if you were paying full price.

Thus, the repair of your dishwasher might come with a 1-year warranty on the parts and 90-day warranty on labor. That being the case, you have very little to worry about, as the repairman will come back and fix the problem for free if he didn't do it right the first time. Not a bad deal in my opinion.


No Worries

Last but not least, there's a lot to be said for the peace of mind that comes from knowing that almost any issue in terms of your home can be addressed without a lot of fuss - and without a lot of paying a lot of cash. A home warranty is somethng everyone should have. If you don't think so, think about the last plumbing or repair bill you received for something in the home. Then think about how it would feel to have paid almost nothing for the same service.

Sunday, December 10, 2017

Wills and Estate Planning: Power of Attorney, Will and Testament, and Other Documents You Need

Thanks for visiting my post on wills and estate planning. Almost everyone knows that you should have a will as part of your estate plan. A will helps to ensure that your estate is distributed in accordance with your wishes after you pass on. However, most peope don't give much thought to the other types of documents that they should probably have in place in addition to a will. Here, we will touch on the other basic documents you will likely need as part of your estate plan. Hopefully you will find this information entertaining and useful.


Wills and Trusts

Wills: A will, of course, is an instrument used for the disposition of a person's property after his death. Because I've already discussed the making of a will previously, I won't rehash those details here. You can find all the relevant information in my article on Making a Will.

Trusts: A trust (or trust fund) is a property interest held by one person (the trustee) at the request of someone else (the settlor) for the benefit of some third party, known as the beneficiary. By way of example, a grandfather may decide he wants to leave his 3-year-old grandson some real property and $10,000. As a toddler really isn't capable of managing property (or cash for that matter), the grandfather might ask his son (the grandson's father) to manage the trust until the grandson comes of age. Here, the grandfather is the settlor, the father is the trustee, and the grandson is the beneficiary. (Usually, the settlor will also name an alternate trustee, just in case the original pick is not willing or able to serve in that capacity. However, a trust will not fail for lack of a trustee; in other words, even if you forget to name one, you can be sure that a trustee will be appointed.)

In short, a trust can be a useful in varous ways, such as transferring property out of your estate prior to death. The rules for trusts vary by state, so you may want to consult with a lawyer when establishing one.




Medical Power of Attorney

In general, a power of attorney (POA) is a document that allows someone else to act as your agent or attorney-in-fact. Basically, it permits another person to do all of the things that you yourself would be allowed to do: sign contracts on your behalf, deposit and withdraw money from your accounts, etc. That said, a power of attorney can be limited; for instance, you can give someone a limited power of attorney with respect to buying a car for you. In other words, this authority would allow them to go purchase a car for you - and would limited by whatever price or other restrictions are present in the POA - but wouldn't authorize them to do anything else.

Likewise, a Medical Power of Attorney would allow someone to make medical and health care decisions on your behalf if you were unable to make them yourself. For instance, such a document is useful if a person is suffering from an illness such as dementia or Alzheimer's, or if they have suffered a traumatic injury that inhibits their ability to make their own health care choices (e.g., the person is in a coma). Typically, the agent with respect to a medical POA is either a spouse or an adult child.

A medical POA should, at a minimum, cover the following:
  • The POA's duration - how long it will last;
  • Revocation - it should revoke any prior POAs, so that there is no conflict or confusion regarding who is the agent;
  • The powers of the agent - this portion will establish the limits of the agent's authoriy - specifically, what the agent can and can't do; and
  • Alternate agent - the medical POA should designate an alternate to serve as agent if the original selection is unwilling or unable to serve in that capacity.

A medical power of attorney is generally considered to be a good idea, particularly if you are more senior in age.


Declaration of Guardian

Occasionally, a person will become incapacitated and require long-term care. In such instances, they will need a guardian of both their estate and their person. To prepare for the possibility of such an event, it maybe wise to draft a Declaration of Guardian in the Event of Incapacity.

Basically, this ensures that you would be entrusting your long-term care (your person) and finances (your estate) to someone who you are sure will be concerned with your best interests. It is not necessary that the guardian of the person and the estate be the same individual, although that is frequently the case. Moreover, as with wills, trusts, and most other estate-planning documents, it's wise to appoint an alternate guardian in case your original selection is not in a position to serve.


Directive to Physicians

The Directive to Physicians and Family or Surrogates (sometimes just called a Directive to Physicians or Advanced Directive) is a document whereby an individual makes his wishes regarding medical care known to his physician in advance of being unable to make such decisions in the future. It is very much like a power of attorney (which is, in fact, another type of advanced directive), except you are making the decisions yourself in advance of a debilitating illness or injury rather than allowing an agent to make the decision later.

This type of directive is common when dealing with issues like terminal illness or when a person does not want heroic, life-sustaining efforts exerted on their behalf. Ordinarily, you will not have both a Directive to Physicians and a Medical POA - primarily due to the possibility of conflict. For example, a terminally ill patient may prefer to let nature take it's course and sign an advanced directive with a do-not-resuscitate order before slipping into a coma; however, a relative who has power of attorney may want the doctors to do everything possible to prolong the person's life, even if they aren't conscious. To avoid such conflicts, it is often necessary to make a decision about which form of advanced directive to embrace.


HIPAA Release

Even with a medical power of attorney, your agent may have difficulty making decisions that are in your best interest if the doctor isn't allowed to disclose your medical information. Such information is protected and confidential under the Health Insurance Portability and Accountability Act (HIPAA). Drafting and signing a HIPAA Release will alleviate this problem. You simply have to name your agent(s) in the document and the doctor will be authorized to disclose the requisite information.


Disposition of Remains

A Disposition of Remains document basically allows you to appoint an agent to handle - as the document title suggests - the disposition of your remains. Typically, this includes funeral arrangements, including burial or cremation. As with other such documents, you should appoint both a primary and an alternate agent in this regard. (Hopefully, those you appoint are individuals who are privy to and will respect your wishes in this matter.)


In conclusion, you can see that while it is certainly beneficial to have a will in place, that is really just the start of any true estate plan. There are several other documents which it would also behoove you to have drafted on your behalf in order to ensure that your wishes are respected in all regards.



Wills and Estates: Making a Will, and What To Do if There Isn't One

Introduction and Disclaimer

Thanks for visiting my post on wills and estates. I know that people often have many questions about wills, so I've tried to make it easy to understand such documents by giving a list of the more common terms and their definitions, as well as a quick overview of the kinds of information a will should contain.

Please understand that nothing here is to be interpreted as legal advice; it is presented for informational purposes only. Please consult with an attorney regarding any legal questions that you may have with respect to the information presented. Also, please be aware that while the information presented is generally accurate, the laws of your state may vary. Beyond that, my only advice is that it might be worthwhile to consult a form book or a text on the matter if you decide to draft a will yourself.

Last but not least, a will is not likely to be the only estate-planning document you require, so please visit my post on Power of Attorney and Other Documents You'll Need.


Definitions of Will and Estate Terms

Below are definitions of common words, terms and phrases associated with drafting wills and estate matters:

  • Codicil – a later amendment or supplement to a will. (Basically, if you think of something you'd like to add, you don't have to draft the entire will all over again.)
  • Decedent - A person who has died.
  • Estate - all real and personal property that a person owns at the time of their death; subject to the satisfaction of any estate debts, this is the property that will be inherited by the decedent's heirs
  • Holographic Will – a handwritten, unwitnessed will. These are valid so long as they are wholly in the handwriting of the testator and signed by the testator as well. Moreover, you can have a holographic codicil to a typed, witnessed will.
  • Testament – the disposition of property in accordance with a will.
  • Testator - a person who makes a will; a person who dies with a will.
  • Will – an instrument used for the disposition of one’s property after death; it disposes of both real and personal property.
  • Probate – the action or process of proving before a competent judicial authority that a document offered for official recognition and registration as the last will and testament of a deceased person is genuine. To go through probate is to have a will administered by a court.

Probate performs 3 functions
  1. It provides evidence of transfer of title to the new owners by a probated will or decree of intestate succession;
  2. It protects creditors by requiring payment of debts; and
  3. It distributes the decedent’s property to those intended after the creditors are paid.



Making a Will

In general, the will should contain certain basic categories and statements. The following is a list of items that should probably be present in any will (for ease of reference, I will use the pronoun "he" to refer to the testator):

Title: Should indicate that this is the last will and testament of the testator "Last Will and Testament of __________"

Introductory paragraph: Should state that this is the last will and testament of ________, that he is of sound mind and that he hereby revokes any previous wills or codicils.

A. Identity of Family Members: Testator should indicate his marital status at the time the will was drafted, the name of his spouse, and the identity of any children or other heirs, including their names and whether they are minors. The testator should also indicate what should happen if any children are born after the making of the will (e.g., "Any issue born to me after execution of this will shall share equally in my estate with those named above...")

B. Payment of Expenses: Testator should dictate, generally, the payment of expenses, debts, taxes, etc., which should be paid out of the assets of the estate. The task of paying such expenses will be the duty of the Executor of the estate.

C. Disposition of Estate: This section should first address any specific bequests (e.g., "I leave my hunting rifles to my son John and my vintage record collection to my daughter Julie..."). Following that, disposition of the "rest and residue" of the estate is made - usually to children (or in the case of deceased children, grandchildren). If there are no direct descendants, the remaining estate usually goes to the testator's heirs-at-law. (FYI: property to a minor is usually put into a trust or into the hands of the minor's guardian.)

D. In Terrorem Clause: A provision in the will stating that any heir who attacks the will or contests it in any way will forfeit his inheritance.

E. Survival: To inherit, an heir must, by definition, survive the testator's own death. However, the testator can define survival in any way he wants. It can be required that an heir survive the testator by 5 days, 5 months, what have you. An heir who dies prior to the defined survival period is treated as having predeceased the testator.

F. Appointing the Executor: In this section the testator names the person to be Executor of his estate, and an alternate in case the original Executor can not or will not serve in that capacity. This section also states whether the Executor is required to post a bond.

G. Executor's Powers: This section details the limits of the power and authority granted to the executor, such as the power to sell estate property, borrow money, settle debts, and so on.

H. Definitions: Definitions of terms used in the will. For example, whether the term "children" means only biological children or both biological and adopted children.

Signature: The testator must sign and date the will.

Witnesses: Typically, two witnesses are required to attest to the will.

(Also, it's almost standard these days to have the testator and witnesses sign a notarized affidavit stating that the document is the last will and testament of the testator and the witnesses signed it.)

Will Contests: Contesting or Attacking a Will

Will contests are not uncommon, and usually occur when someone feels that they were somehow treated unfairly by the will or that it didn't truly reflect the intent of the testator.

However, only interested parties can contest a will (heirs, spouses, creditors, etc.). Grounds for contesting a will include: defective execution; lack of testamentary capacity; undue influence; fraud; mistake; and/or testator did not know the contents of the will.

Defective execution usually means that the will was not executed in a way to make it effective. For example, if only one witness signed, it could be considered defective.

Undue influence refers to someone improperly influencing the testator in some way. This is commonly seen in situations where one child is the primary caregiver for an elderly parent, and ends up inheriting everything upon the parent's death. (Siblings will claim that the caregiver unduly influenced the parent and convinced the parent to disinherit everyone else.)

Fraud means that the testator was somehow tricked into drafting the will in a certain way, usually to include someone who shouldn't have been an heir or to disinherit someone who should have been an heir.

Mistake simply means the testator made a mistake or there was a typo. For instance, if the testator intended to leave someone $100,000.00 but instead typed it is as $1,000,0000.0 (arguably leaving them $1 million).

Testamentary capacity is usually attacked in one of the following ways:
  • Did testator understand the nature of what he was doing? (Making a will)
  • Did he know the nature and value of his property?
  • Did he know the natural objects of his bounty?
  • Did he understand the disposition he was making?


Dying Intestate (Dying Without a Will)

The lack of a will means that the division of estate assets is at the mercy of state law. States tend to have their own rules when it comes to intestate estates, but typically what you will find is the following:

I. Intestacy in a Community Property State
In a community property state, if the testaor is survived by his spouse, the division of property depends on whether they had children together. For instance, if all of the testator's children are also children of the surviving spouse, then the surviving spouse gets everything. If, however, the testator had children who are not also children of the surviving spouse, then the spouse ges half of the estate and the other half is divided between the decedent's children. Here are examples of these two scenarios:

Testator Survived by Spouse (Community Property State)
a) Testator and spouse have 3 kids together: Surviving spouse gets everything

b) Testator has 2 kids with first wife, adopted 3rd with second wife: spouse gets ½ and kids get 1/6 each.
II. Intestacy in a Separate Property State
In a separate property state, the division of the estate would ordinarily be something along these lines:
Survived by Spouse (Division of Separate Personal Property)
Surviving wife gets 1/3, kids get 2/3
Survived by Spouse (Division of Separate Real Property)
Surviving wife gets 1/3 life estate, kids get 2/3


If the testator has no surviving spouse, then the estate is divided amongst the descendants per capita, with representation.

(Ordinarily, a will declares that heirs will inherit either "per capita" or "per stirpes".
  • Per Capita – “By the head”; each person gets an equal amount
  • Per Stirpes – “By the roots”; each child is a root, so one share for each family line; if a child dies, then the child's offspring inherit in his place
This is usually stated in the provision of the will dealing with disposition of the estate.)


Miscellaneous Will and Estate Matters

What follows are a few miscellaneous issues that relate to trusts, wills and estates:
  • A will has to be a document intended to be offered for probate.
  • To be a will or codicil, a document must be intended to take effect at death.
  • Wills can be revoked by a subsequent document or by physical act (destroying it)
  • 120-hour rule – generic rule stating that beneficiaries must survive testator by 120 hours
  • Divorce revokes all gifts in favor of former spouse
  • Children – presumed to mean children by all marriages and adopted children. Stepchildren and grandchildren are not included. Nonmarital children not included, except when there are no marital children or the intent to include nonmarital children can be shown.

Other Resources

Please visit my post on Wills, Estates and Power of Attorney to determine what other documents, in addition to a will, you may need to complete your estate plan.



First Blog Post!

Hello, all - Herc here.  Just thought I'd spend a moment talking a little about this particular blog I've put together.

First of all, let me explain a bit about the name.  By "Do-It-Yourself and Survival Guide," I'm really not talking about going off in the woods, dropping off the grid, and living off the land.  Nor am I talking about some post-apocalyptic existence where society has collapsed, and human beings are fighting like cats and dogs over scraps we currently throw in the trash. 

No, what I'm focused on are those litle day-to-day issues we have, where - with a little know-how - you could probably do it yourself.  Things like drafting a will, fighting a parking ticket, putting together an emergency kit...

That said, I think it should be ovbvious (but I'll state it for the record) that nothing here is to be construed as legal advice. It's just recommended courses of action should you decide to try your own hand at certain tasks (like drafting your own will) rather then hire someone.  Good luck to all, and thanks for dropping in.