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6 tips on borrowing
from relatives By Jennie
L. Phipps Bankrate.com
When people find themselves in a money crunch,
a natural reaction is to turn to family for help.
Parents, grandparents and siblings often are happy to lend
a financial hand via a loan.
But unless handled carefully,
family members -- not just the relative advancing the cash,
but others -- will be resentful.
"There's no such thing as a family loan
without emotional ties," warns Azriela Jaffe, entrepreneur
and author. "If you don't understand that from the beginning,
it will take you by surprise."
Jaffe says borrowing money from parents, the most-common
scenario, can put you back in the same place you were when living
under their roof. "Mom and Dad are paying the bills, and they
feel entitled to tell you what to do. All of a sudden you are 13
again and rebelling."
Faced with the need to rely on some all-in-the-family
money, how do you minimize the potential for resentment and destructive
situations? Here's some advice from people who have been there.
Know from whom you borrow
Houston bankruptcy lawyer John Ventura says before
you seek a loan, analyze your relationship with the lender. Ask
yourself, "If I lose the money, what will be the outcome?"
Relatives for whom money is an obvious emotional issue or those
who really can't afford to lose anything are not good lending candidates,
he says. Moreover, you put people in a tough spot when they have
to turn you down, creating hurt feelings all around. When you ask,
be prepared to handle a refusal graciously.
Seek a co-signer
If the bank will accept a parent or relative's
signature on the note as a guarantee, go that route. Tom Gillis,
Houston lawyer and CPA, put up bonds as collateral and signed his
son's notes twice when the younger man opened a heavy equipment
manufacturing business. "It's much more businesslike,"
says Gillis. "The bank drew up all papers. All I had to do
was sign my name." The good news is that eight years after
the first loan was made, Gillis' son brought over a bottle of champagne
and the paid-off notes.
Put everything in writing
It may be sufficient in a very simple transaction
to write a letter that specifies the terms of the agreement. But
the best way may be to get a lawyer involved, particularly if it
is a significant sum of money. That protects both sides. "Give
your family the same respect that you'd give a professional lender,"
says Jaffe, author of the Complete
Idiot's Guide to Beating Debt. "In
return, that increases the chances they'll treat you with respect."
Know the tax laws
If the loan is for less than $10,000, it will
probably escape the IRS' attention. But if your family loan is for
a significant amount, make sure you understand the tax and other
legal consequences, particularly if the lender dies before the loan
is paid off. The IRS considers loans that are forgiven as taxable
income. James Walsh, an insurance consultant and author of Family
Money, suggests insuring the lender's
life for the amount of the loan as one way to guarantee repayment
and avoid tax problems.
Give lenders something tangible
Specific collateral for either co-signers or
lenders will ease concerns and ensure that they don't lose everything
if things don't go well. Bankruptcy attorney Ventura says that if
you are forced to file bankruptcy, provided you've structured the
agreement properly, your lender will have a lien on your house or
your car. That will put them at the top of the list of creditors.
"You and your relative will get peace of mind. And if you have
a close enough relationship and the item is repossessed, chances
are it will just be given back to you," Ventura says.
Tell the world your business
You may think the financial deal is just between
you and dad, but family secrets are hard to keep. Siblings, in particular,
are likely to be concerned about loans from parents. Gerald LeVan,
managing director of LeVan Co., family business consultants based
in North Carolina, recommends telling other close relatives how
much you're borrowing, why you're doing it and then keeping them
posted about how your financial affairs are going. "It cuts
down on the feelings of favoritism and jealousy," he says.
Jennie L. Phipps is a contributing
editor based in Michigan.
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