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Smart Money: Does kids’ concern about Florida lot rental have other motives?

DEAR BRUCE: I own a modular home in a park in central Florida, where we pay rent on the lot. The park is well maintained, and it is restrictive in what we can and cannot do with our homes. Because of this, it always looks nice and the value is greater than in other parks.

However, the lot rent increases 6 percent annually, which my son believes is outrageous. The park owners insist it is necessary, owing to rising costs of all services. The park is roughly 11 years old, so the original owners now pay almost double the lot rent they started with, not that there are many original residents left, of course. Do you believe such an increase is reasonable?

— N.R., via e-mail

DEAR N.R.: It sounds as if you’ve found a good living situation. The restrictions keep the potential problems under control. You have use of the clubhouse, pool, etc., for a modest annual increase. It may be true that the lot rents have almost doubled, but so have costs over the past 11 years.

As soon as I hear comments of this kind, I wonder whether the children are doing their best to make sure their parents’ assets are not used. By the way, how much do you think real estate taxes in most parts of the country have increased over the years? Yes, there are some limitations in Florida on personal homes, but 6 percent is a livable number.

DEAR BRUCE: My sister had a life-insurance policy with her employer. Because there was no designated beneficiary, the proceeds went to her estate. In her will, she named me the beneficiary. Can I receive these funds from the insurance company? If there was no one listed on the policy, do the funds have to go through the estate?

— Reader in Michigan

DEAR READER: The general answer to your question is yes, the funds will channel through the estate. However, if there is an appreciable amount of money involved, it certainly will not hurt to seek the advice of an attorney practicing in your state. Ordinarily, if a beneficiary is designated in a life-insurance policy, the proceeds move outside the estate. In the event the estate is designated or, alternatively, no beneficiary is designated, it must follow the ordinary rules of probate.

DEAR BRUCE: Is a transfer-at-death agreement with a bank an acceptable way to leave assets to your heirs? This will be in addition to a basic will.

— B.L., Macy, Ind.

DEAR B.L.: Are you saying that all of their assets are only in these accounts? If so, properly structured, the money can go directly to your heirs. I have never understood why people are so paranoid about probate. I get letters all the time from folks wanting to avoid probate. With simple estates, it is a relatively painless process. The idea of the surrogate’s court is to protect YOU from predators who might wish to see your money go in a wayward direction.

Don’t be afraid of the surrogate’s court. There are times when it can be frustrating, and there are times when it can be easily avoided. In my opinion, avoiding it should not be a primary goal for most people.

Interested in buying or selling a house? Let Bruce Williams’ “House Smart” be your guide. Price: $14.95, plus shipping and handling. Call: (800) 337-2346. Send your questions to: Smart Money, P.O. Box 2095, Elfers, FL 34680. E-mail: brucebrucewilliams.com

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