ElderLaw News — The Estate Planning & Elder Law Firm, P.C. — MD, VA, DC
ElderLaw News

ElderLaw News is a weekly e-newsletter that brings you reports of legal developments and other trends of vital interest to seniors and their advocates. This newsletter is brought to you by The Estate Planning & Elder Law Firm, P.C., William S. Fralin, Esq., President.

What Records to Keep and How Long to Keep Them

Digging through piles of records can be a frustrating task. It can take only one search to find something to raise the question: “Do I really need to keep all these documents?” While the answer may be “No,” one must be careful about discarding old records.

Before you do a complete cleaning and shredding all the documents in your filing cabinet, however, please note that it is important for you to retain certain documents.  Shredding old records will help protect you against identity theft, but disposing of too much can leave you unprotected. While there are no firm rules on record retention, the following information can be used as a guide to help you in determining what documents you should keep and how long you should keep them:

ATM Receipts: These should be kept only until you balance your checkbook. After that, shred them.

Bank Statements:  You don’t need to keep your bank statements. The only exception is if you are applying for a mortgage, and even then you need only a three month history.

Credit Card Statements: These should be kept for only the past three months. Credit card statements merely reflect the charges to your card, and your credit card company can reproduce these reports if you need them.

Financial and Investment Documents:  Investments often result in receiving vast amounts of mail, such as prospectuses, privacy notices, and address confirmations.  If you don’t plan on acting on this information, get rid of it.  You need to retain balance statements for only the past three months.  Any time you purchase a new investment, however, you should retain the transaction record until you sell the investment and complete your income tax return.  In addition, you may want to keep any benefit information if it would be helpful to you in determining your future benefits.

Home Insurance:  Retain home insurance documents for a minimum of five years; however, if there is any question that issues may arise in the future, then keep these records for ten years.  Insurance companies do keep this information, but you should not rely solely on them to provide it.

Home Repair Bills:  The general rule is to keep these records for ten years.  This should adequately protect you should litigation or other disputes arise that are connected to the repairs or workmanship. If there is a lien on the property connected with the work or repairs, then make sure to obtain a satisfaction of lien from the contractor and keep that document as long as you own the property.

Life Insurance Policies:  Life insurance policies should be kept for the duration of the policy, plus an additional three years.

Medical Records:  Personal health records, such as medical history, contact information of personal physicians, and prescribed treatments and prescriptions, should be kept indefinitely.  All other medical records, however, such as premium statements, physician or hospital bills, copies of prescriptions, only need to be kept for five years after treatment has ended, unless you have claimed items on your tax returns, in which case the supporting documents should be kept for seven years.

Mortgage Documents:  You should keep mortgage documents for the duration of the mortgage. Once you have paid off the mortgage, the bank must record a satisfaction of the mortgage.  Keep the record of satisfaction as long as you own the property.

Pay Stubs:  If your pay stubs contain the history of all the past pay stubs for the year, then you need to keep only the most recent one.  If they don’t provide payment history, then keep all pay stubs until you receive an overview statement at the end of the year.  After you receive the overview statement, you may discard all previous pay stubs.  Please note that pay stubs contain all the information an identity thief needs to steal your identity.  Therefore, dispose of these cautiously, preferably by shredding them.

Tax Returns:  The general rule is to keep tax returns, whether business or personal, for seven years. Thus, when you file a new return, you may shred the one no longer needed.  Although the IRS has three years to audit you after you file your income tax return, there are several exceptions to this rule, and it is better to be safe than sorry. Further, it is important to save all the information used in preparing your returns, for it is up to you to provide this information if you are audited or asked related questions.

Utility Bills:  You need to keep your utility bills for only the last three months.  If you write off on your income tax return anything contained in these records, then you should keep these documents as tax records.

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The Estate Planning & Elder Law Firm, P.C.

The Estate Planning & Elder Law Firm, P.C. is an elder law firm. We represent older persons, disabled persons, their families, and their advocates. The practice of elder law includes estate planning, estate and trust administration, powers of attorney, advance medical directives, titling of assets and designations of beneficiaries, guardianships, conservatorships, and public entitlements such as Medicaid, Medicare, Social Security, and SSI, disability planning, income tax planning and preparation, care management, and fiduciary services. For more information about The Estate Planning & Elder Law Firm, P.C., please visit our website at http://www.chroniccareadvocacy.com.

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This newsletter is not intended as a substitute for legal counsel. While every precaution has been taken to make this newsletter accurate, we assume no responsibility for errors, omissions, or damages resulting from the use of the information in this newsletter. The Estate Planning & Elder Law Firm, P.C. thanks the law firm of Hook Law Center for their input to this newsletter.

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