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Brother-in-law's first wife claims no divorce, who gets the policy?

Milind

Milind Vadjikar  |1236 Answers  |Ask -

Insurance, Stocks, MF, PF Expert - Answered on Dec 29, 2024

Milind Vadjikar is an independent MF distributor registered with Association of Mutual Funds in India (AMFI) and a retirement financial planning advisor registered with Pension Fund Regulatory and Development Authority (PFRDA).
He has a mechanical engineering degree from Government Engineering College, Sambhajinagar, and an MBA in international business from the Symbiosis Institute of Business Management, Pune.
With over 16 years of experience in stock investments, and over six year experience in investment guidance and support, he believes that balanced asset allocation and goal-focused disciplined investing is the key to achieving investor goals.... more
Shobha Question by Shobha on Dec 28, 2024Hindi
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My Brother-in-law was deceased and my Sister is the second wife to him, he told he was divorced and married her and he mentioned her name as nominee in his policy, after my brother-in-law deceased, his first wife came with two children claiming that they were not divorced, and she got the FMC, the policy company was asking for legal heir certificate to approve the amount, please advice

Ans: Hello;

This is a peculiar case.

Hence I recommend you to seek advice of a lawyer.

Best wishes;
DISCLAIMER: The content of this post by the expert is the personal view of the rediffGURU. Users are advised to pursue the information provided by the rediffGURU only as a source of information to be as a point of reference and to rely on their own judgement when making a decision.
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Ramalingam

Ramalingam Kalirajan  |8459 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Apr 16, 2025

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Hi , Need help , my brother in law has decesed and left shares in USA which is he got as part of his compensation and benefits , the broking firm says that they dont have beneficiary process , hw do get that transffered to my sister who is legal hire
Ans: I’m very sorry to hear about your brother-in-law’s passing. In such times, handling legal and financial formalities can feel overwhelming. But don’t worry—we’ll walk through this step by step in a clear and practical way.

Let’s now see how to help your sister claim those US shares in a structured and smooth process.

Step 1: Understand the Account Type
First, confirm if the shares were held in a brokerage account (like E*TRADE, Schwab, Fidelity, etc.)

If it's an individual account, and there is no named beneficiary, then it becomes part of the estate

If it’s a joint account or transfer-on-death (TOD) account, transfer may be easier. But as you said, no beneficiary process, so likely an individual account

Step 2: Contact the Brokerage Firm
Your sister (as legal heir) must inform the broker of the death, in writing

Include death certificate copy and ask them for their formal estate transmission process

Every broker has a survivor claim or estate settlement team—you must reach them

Even if they don't have a "beneficiary form", they will have a probate transfer process

Step 3: Probate and Court Documents
Since there is no beneficiary, the assets will be distributed based on:

Will, if your brother-in-law made one, or

US State intestacy laws, if there was no Will

So:

Your sister needs to check which US state the brokerage account was in (where it was opened or where he worked/lived)

She needs to apply for probate in that US state or seek a court order to declare her as legal representative of the estate

This will likely need:

Death certificate (with apostille, if required)

Proof of relation (marriage certificate, if she is wife, or legal heirship certificate)

No objection from other legal heirs (if needed)

A US-based probate attorney can help if it's complex

Step 4: Prepare Essential Documents
Usually, the brokerage will ask for:

Original or notarized copy of the Death Certificate

Court-certified documents showing your sister as the executor or legal heir

Letter of Testamentary or Letter of Administration from US court

ID proof and address proof of the claimant

W-8BEN form, if she is not a US citizen/resident (this is for non-resident tax purposes)

Step 5: Tax Withholding and Reporting
US stocks may have capital gains or dividends subject to US tax rules

If the shares are transferred or sold later, the IRS may withhold tax for non-resident heirs

Your sister should consult a tax advisor in India for Indian tax obligations on these shares (especially if sold and proceeds brought to India)

Step 6: Receiving the Shares or Funds
Once the brokerage accepts all documents, she has two options:

Transfer shares to her own brokerage account (in USA or India, depending on broker’s policy)

Or, sell the shares and get proceeds wired to her bank account in India (this may take 4–6 weeks)

She must keep:

Copies of all forms submitted

Tax statements and brokerage letters

Confirmation of transfer/sale, for her own IT return in India

Final Insights
The process may take 2 to 4 months, depending on state laws and document completeness

Please avoid any panic sales or agents who promise shortcuts

Stick to the official channel of the brokerage firm and US court for a smooth, legal transmission

A probate attorney in the US may be required if the estate is large or complex

A Certified Financial Planner in India can help with reinvesting those proceeds wisely after they are received

Helping your sister through this legal maze is a powerful support. She needs clarity and calm guidance, and you’re doing the right thing by seeking this advice.

If you need help connecting with US-based estate attorneys or structuring her future investment in India post-transfer, I’ll be happy to help.

Best Regards,

K. Ramalingam, MBA, CFP,
Chief Financial Planner,
www.holisticinvestment.in
https://www.youtube.com/@HolisticInvestment

..Read more

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Ramalingam

Ramalingam Kalirajan  |8459 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on May 16, 2025

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I have a Home Loan of Rs. 75 lakh outstanding and being a banker I get the Home Loan at concessional rate of 6% on simple interest basis. I have certain disposable income every month. Is it advisable to prepay the loans on monthly basis or utilize the disposable income towards other investment options?
Ans: You have a Rs. 75 lakh home loan.
You pay only 6% simple interest as a banker.
You also have disposable income each month.
Let’s now assess your situation from all angles.

Understanding the Advantage of Low Interest

Your loan is at just 6% simple interest.

This is a rare and low-cost loan benefit.

The interest amount does not compound yearly.

So your interest cost stays predictable and steady.

You already save more compared to normal borrowers.

Regular loans are at 9% to 11% with compound interest.

Let Your Money Work Harder Through Investing

Good mutual fund investments give 11% to 13% average return long term.

This return is higher than your 6% loan cost.

So your surplus funds can grow faster if invested.

This strategy builds your wealth efficiently over time.

Compounding in mutual funds works in your favour.

Reviewing Tax Savings from Loan Interest

Your loan interest gives you tax benefit under Section 24.

You can claim up to Rs. 2 lakh deduction yearly.

This lowers your income tax burden.

Prepaying the loan reduces future tax savings.

Investments like ELSS and PPF also save taxes separately.

Liquidity Is Key for Financial Confidence

Prepaying a loan reduces your cash flexibility.

But investments offer you liquidity when needed.

Financial emergencies need access to cash fast.

Mutual funds can be redeemed when required.

Don’t put all your surplus in loan prepayment.

Peace of Mind vs. Smart Wealth Building

Some people feel peace when loans are closed early.

It reduces psychological burden and improves sleep.

But low-interest loans are better kept and managed.

You can earn more on surplus money through investing.

Debt is not always bad when it’s manageable.

Balanced Strategy Is the Best Choice

Don’t choose only one route—balance is better.

Split your monthly surplus into two parts.

Use one part to invest in long-term growth plans.

Use the other part for partial prepayments once in a while.

This approach reduces debt and builds wealth together.

What You Should Do Now

Make sure you keep emergency savings of at least 6 months’ expenses.

Review your insurance and make sure your family is protected.

If you have LIC, ULIP or insurance-based investments, assess if they are worth holding.

If they underperform, consider surrendering and reinvesting into mutual funds.

Choose actively managed mutual funds via a Certified Financial Planner.

Avoid direct mutual funds if you are not monitoring regularly.

Regular mutual funds via a qualified CFP give you guidance and support.

Avoiding Common Mistakes

Don’t rush to become loan-free if loan is cheap.

Don’t ignore inflation and real return comparisons.

Don’t ignore wealth-building just to avoid loan.

Don’t stop investing for the sake of loan closure.

Don’t go for low-return instruments only for safety.

Other Pointers to Remember

Make sure your investments match your goals.

Consider children’s education and retirement goals.

Equity mutual funds are good for goals beyond 7 years.

Hybrid mutual funds suit medium-term goals like 3 to 5 years.

For short-term use, opt for liquid or ultra short-term funds.

Track your goals and adjust asset allocation regularly.

Taxation of Mutual Fund Gains

Long-term capital gains above Rs. 1.25 lakh are taxed at 12.5%.

Short-term gains are taxed at 20%.

For debt funds, both LTCG and STCG are taxed as per your tax slab.

These taxes are payable only when you sell the units.

So your money grows without yearly tax deductions.

Avoid Index Funds and Direct Plans

Index funds don’t give alpha or outperformance.

They follow the market but don’t beat it.

In tough markets, they fall without support.

Active funds are managed by experienced fund managers.

Direct plans lack professional support and review.

With regular plans through a CFP, you get full handholding.

Finally

Your concessional loan is a blessing. Keep using it.

Use your disposable income to create long-term wealth.

A good plan includes both investment and prepayment.

Invest for your future. Don’t just avoid loans.

Stay liquid, stay insured, and invest smartly with professional help.

Review this plan every 6 to 12 months with a Certified Financial Planner.

Build a clear plan for family goals and retirement readiness.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in
https://www.youtube.com/@HolisticInvestment

...Read more

Ramalingam

Ramalingam Kalirajan  |8459 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on May 16, 2025

Asked by Anonymous - May 16, 2025
Money
Hi Sir, I am 47 year old with 3 kids aged 11 yr dayghter and twin sons aged 6 years. I have around. I want to retire in 3 years due to health issues. After retirement me and wife will work part time and around monthly 1 lakh combined. I have monthly expenses if around 2 lakhs now. Please advise what corpus i should have to able to retire in 3 years
Ans: You are 47 years old. You have a daughter aged 11 and twin sons aged 6. You plan to retire in 3 years due to health issues. After retirement, you and your wife will earn around Rs. 1 lakh per month from part-time work. Your current family monthly expense is around Rs. 2 lakhs.

Your situation is serious and needs careful planning. I appreciate that you are thinking well in advance. Let us look at your situation in full detail now.

Assessing Your Retirement Timeline
You want to retire at 50. That’s 3 years from now.

That gives limited time to build a full retirement corpus.

After that, you and your wife plan to earn Rs. 1 lakh per month together.

Your expenses are Rs. 2 lakh per month now. This will rise with inflation.

So, you need to fill the gap of at least Rs. 1 lakh per month post-retirement.

That gap will also grow each year due to inflation.

You also have three children. Their education and future needs must be planned.

With three young kids, your financial responsibility will last for the next 15 to 20 years.

Understanding the Expense Gap
Your expenses are Rs. 2 lakh monthly now. This is Rs. 24 lakh annually.

After retirement, part-time income will cover Rs. 1 lakh monthly.

You need Rs. 1 lakh more every month from your savings.

That’s Rs. 12 lakh per year. But this amount will grow with inflation.

In 10 years, this could easily be around Rs. 20 lakh a year or more.

In 20 years, it can be around Rs. 35 lakh or more annually.

So, your retirement corpus must be big enough to cover this rising gap.

It should also last at least 30 years, as both you and your wife may live till 80 or more.

What Should Be Your Retirement Corpus
To cover Rs. 1 lakh monthly shortfall, you need a strong investment base.

That base should grow and generate income for 30 years.

You also need to plan for children’s schooling, college, and marriage.

So, your total retirement corpus should be built with multiple goals in mind.

You may need at least Rs. 6 crore to Rs. 7 crore total corpus by age 50.

This will help you cover your lifestyle gap and also children’s future needs.

The final amount will depend on inflation, market returns, and disciplined investing.

Breaking Down Your Future Expenses
1. Lifestyle Needs

You need Rs. 2 lakh monthly today. This will rise.

After retirement, inflation will push this to Rs. 3.5 lakh to Rs. 4 lakh in 15 years.

That means higher withdrawals every year.

2. Children’s Education

Your daughter will go to college in 6 years.

Your twin sons will go to college in 11 to 12 years.

Education inflation is very high, around 8% to 10% yearly.

Private college and higher studies can cost Rs. 50 lakh to Rs. 1 crore in future.

3. Health and Medical Needs

Health issues are already a concern. Medical costs rise fast.

A single hospitalisation in the future can cost Rs. 15 lakh or more.

You must keep a separate medical emergency fund.

4. Travel, Leisure, and Emergencies

Retirement is not just about needs. It should also include wants.

You may want to travel or support family in emergencies.

Keep a buffer for these lifestyle goals.

Creating a 3-Bucket Investment Strategy
Bucket 1: Emergency and Medical Fund

Keep 12 to 18 months of expenses in this bucket.

That means Rs. 25 lakh to Rs. 30 lakh in liquid funds.

This bucket should not be touched for regular income.

Use it for medical, health, and sudden family needs.

Bucket 2: Income and Safety Bucket

This gives regular income after retirement.

Invest here in low-risk and balanced funds.

This bucket must cover 8 to 10 years of shortfall.

It must be reviewed every year and rebalanced.

Withdraw monthly through SWP (Systematic Withdrawal Plan).

Bucket 3: Growth Bucket

This is for long-term income.

It must stay invested for the next 10 to 15 years.

Use only actively managed equity mutual funds.

Don’t invest in index funds. They follow the market and offer no safety in a fall.

Actively managed funds are better for retirement. They reduce risk and give better return with guidance.

This bucket will support your income in the later years of retirement.

Additional Planning Tips for a Complete Strategy
1. Insurance Review

Check your health insurance. Buy a super top-up if possible.

If you have any traditional policies like LIC endowments or ULIPs, evaluate surrendering them.

Reinvest that money in mutual funds via Certified Financial Planner.

2. Avoid Index and Direct Funds

Index funds are unmanaged. They don’t protect you in a downturn.

Direct funds have no advisor support. You may exit at the wrong time.

Invest through regular mutual funds with Certified Financial Planner.

You get discipline, emotional support, and regular reviews.

3. Tax Planning

After retirement, plan all withdrawals smartly.

Equity mutual fund LTCG above Rs. 1.25 lakh is taxed at 12.5%.

STCG is taxed at 20%.

Debt mutual fund gains are taxed as per your income tax slab.

Plan withdrawals in phases to manage tax.

Use SWP instead of lump sum withdrawal.

4. Estate Planning

Write a clear Will. Register it if possible.

Add nominations to all financial accounts and investments.

Discuss with your wife about all assets and accounts.

Educate your children slowly about financial basics.

5. Spending Discipline

After retirement, control lifestyle inflation.

Avoid overspending in early years.

Keep budgets for kids' education, personal care, and travel.

Review expenses every quarter.

Talk to your wife and plan joint financial goals.

How to Reach Rs. 6–7 Crore in 3 Years
This is a very short time.

You must save aggressively now.

Cut all unwanted expenses.

Increase monthly investments to the maximum.

Invest only in actively managed equity mutual funds through regular route.

Don’t keep too much in savings or FDs.

Avoid real estate as it is illiquid and low-return.

Rebalance investments every year with the help of Certified Financial Planner.

Finally
You have only 3 years to build your corpus.

You also have a big responsibility of three children.

You will work part time after retirement, which gives some cash flow.

But you must plan very carefully and very thoroughly.

Create three investment buckets to manage needs properly.

Use only actively managed mutual funds, not index or direct funds.

Avoid risky shortcuts and always review plans every year.

With health concerns and young kids, long-term planning is critical.

Your retirement is not the end of income. It is the beginning of financial wisdom.

Best Regards,
K. Ramalingam, MBA, CFP,
Chief Financial Planner,
www.holisticinvestment.in
https://www.youtube.com/@HolisticInvestment

...Read more

Milind

Milind Vadjikar  |1236 Answers  |Ask -

Insurance, Stocks, MF, PF Expert - Answered on May 16, 2025

Asked by Anonymous - May 15, 2025
Money
Sir , i am 29 year old male currently earning 1.4 lakh per month in hand salary and 60 thousands per month (side income which is temporary for few more years may be 2 years). I have 31.5 lakhs home loan with 9.5 % floating interest for 18 years. Personal loan of 1.4 lakh with 11% interest 7 months remaining. Gold loan of 2 lakh with due date in 10 months. Every month i am paying emis of 31000 home loan 21000 personal loan (7 more months) 23000 chit fund(6 more months) I have 4.5 lakh mutual/stocks investments. Gold worth 1 lakh and no Fixed deposits. I have Chit fund ( with friends ) which expires in 6 months with 5 lakhs amount. I have an Term policy of 1 crore for which i pay premium of 35k annually for 5 more years. I had planned a wedding in one year with 10 lakh expenditure. I have zero emergency fund like fd or any other savings Please guide me best option for better investment ,emergency fund and to have a comfortable corpus till i retire by the year 2040. Till now i have no savings in whatever form it is Iam unmarried
Ans: Hello;

You need to put aside amount worth 6-8 months regular expense coverage and keep it aside in a liquid fund or a savings account.

Do invest in NPS for your retirement planning. It is the best tool available from cost, returns, tax point of view.

Only thing to be borne in mind is NPS allows very restricted withdrawals over its entire span, subject to T&C, because it's a product meant for retirement.

Except home loan all your loans are getting settled in less than a year so it's okay but never ever use loan as source of funds for personal needs.

Also avoid investing in chit funds because they have a high risk and hence promise of higher returns.

Also start systematic investments in mutual funds through monthly sip's as per your goals and risk appetite.

The MF/stock holding and chit fund money return(5 L) will take care of your marital expenses.

Happy Investing;

...Read more

DISCLAIMER: The content of this post by the expert is the personal view of the rediffGURU. Investment in securities market are subject to market risks. Read all the related document carefully before investing. The securities quoted are for illustration only and are not recommendatory. Users are advised to pursue the information provided by the rediffGURU only as a source of information and as a point of reference and to rely on their own judgement when making a decision. RediffGURUS is an intermediary as per India's Information Technology Act.

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