Houston Estate Planning and Elder Law Attorney Blog

How to Use a Trust to Care for a Loved One With Special Needs

Published on: April 30, 2025 | By David W. Miller

How to Use a Trust to Care for a Loved One With Special Needs

Leaving money outright to a loved one with a disability can backfire. Supplemental Security Income (SSI) and Medicaid impose strict asset caps—usually $2,000. Exceed that limit, and benefits vanish until funds deplete. A carefully drafted special needs trust (SNT) provides extra resources while preserving public assistance. Consult an Austin estate planning and probate lawyer at McCulloch & Miller, PLLC to structure the trust correctly.

Why Standard Inheritances May Hurt Benefit Eligibility

SSI and Medicaid count cash, investment accounts, and even modest savings as resources. A direct inheritance pushes the beneficiary over the threshold, forcing them to spend down funds on basic needs those programs once covered. An SNT owns the assets instead, so they do not count toward eligibility. Because Texas participates in Medicaid estate recovery, bypassing the beneficiary’s name on the title also prevents the state from later demanding reimbursement.

Key Features of a Third-Party Special Needs Trust

A third-party SNT uses someone else’s money—typically parents or grandparents—to support the beneficiary. Major provisions include:

A discretionary distribution standard allowing payments for education, therapies, travel, and entertainment.
A prohibition on disbursing cash directly to the beneficiary, which could count as income.
Remainder beneficiaries who inherit unused funds when the primary beneficiary dies, avoiding Medicaid payback.

Texas law lets you appoint a “trust protector” who can replace an underperforming trustee or tweak administrative language without going back to court—an extra layer of security families appreciate.

The Top 5 Probate Myths in Texas—And the Truth Behind Them

Published on: April 27, 2025 | By McCulloch & Miller, PLLC

The Top 5 Probate Myths in Texas—And the Truth Behind Them

Misconceptions about probate spread faster than brisket recipes at a backyard cook-out. Friends repeat half-truths, and online forums mix other states’ rules with Texas procedure. Believing the wrong story can push families into expensive, time-consuming missteps. Let’s bust five common myths—and share a few practical tips—with insight from an Austin probate lawyer at McCulloch & Miller, PLLC.

Myth One: Probate Always Drains the Estate

Movies show fortunes swallowed by legal fees. In reality, Texas offers cost-efficient options. When a will names an independent executor and waives bond, court oversight shrinks to a single hearing and one inventory filing. Attorney fees drop, and heirs receive assets quickly. Large costs generally arise only when no will exists or beneficiaries fight over property. Even then, a well-drafted mediation clause can steer disputes toward faster, cheaper resolution.

Estate Planning for Texas Newlyweds

Published on: April 25, 2025 | By David W. Miller

Wedding gifts fill kitchen cabinets; thank-you cards go out; life settles. Estate planning rarely tops a newlywed’s priority list, yet marriage transforms financial and legal rights overnight. Drafting documents now cements the groundwork for decades of partnership. An Austin probate lawyer at McCulloch & Miller, PLLC makes the process straightforward and affordable.

Marriage Automatically Changes Property Rights

Texas community property rules give each spouse an undivided half interest in most earnings and acquisitions. If you die without a will and have no children, your spouse inherits community assets, but certain separate property can split between your spouse and parents or siblings. A simple will directs everything to your spouse and streamlines probate. Skipping one invites unwanted heirs into later proceedings. Clarifying ownership also matters if one partner brings significant premarital savings or debts; the right documentation prevents confusion down the road.

Beneficiary Designations Need Immediate Review

Life insurance, 401(k) plans, and IRAs pass outside probate based on named beneficiaries. Many newlyweds still list parents or siblings from pre-marriage forms. A quick update aligns account payouts with marital goals and prevents delays while your spouse gathers funds for funeral costs or mortgage payments. While editing forms, confirm that each retirement plan allows spousal rollovers, which preserve tax advantages and defer income tax on inherited funds. For brokerage or crypto accounts, adding payable-on-death instructions keeps those assets moving directly to your chosen beneficiary without court intervention.

What Happens to Your Estate Plan if You Move to Texas from Another State?

Published on: April 17, 2025 | By Thomas W. McCulloch

Major job hubs and no state income tax draw countless families to Austin every year. New barbecue spots delight, but new legal rules lurk beneath the excitement. Moving to Texas can shift how assets pass, how debts divide, and which court has jurisdiction. Collaborating with an Austin probate lawyer at McCulloch & Miller, PLLC ensures your previous estate plan still works under Lone Star law.

Texas Community Property Rules May Surprise You

Many states follow equitable-distribution principles; Texas designates most income earned during marriage as community property. If you and your spouse came from Illinois—where separate property rules differ—joint accounts may now belong half to each spouse regardless of title. That shift influences inheritances, creditor claims, and Medicaid eligibility. Reviewing titles, beneficiary forms, and premarital agreements protects expectations and prevents accidental disinheritance.

Validity of Out-of-State Wills in Austin Courts

Texas honors wills that were valid in the state where executed, but small technical differences still matter. For example, a self-proving affidavit signed in another state may lack language Texas courts require. An additional witness statement filed during probate can fix the issue, yet delays occur. A quick re-execution in Austin—with two witnesses and a Texas-compliant self-proving clause—eliminates extra steps.

Why You Need Alternate Executors, Trustees, and Guardians

Published on: April 10, 2025 | By David W. Miller

Naming an executor feels final—until that person moves overseas, develops health problems, or simply says no. Similar obstacles affect trustees and guardians. Without alternates, Texas courts decide who steps in. That may not match your vision. Engage a Dallas probate lawyer at McCulloch & Miller, PLLC to build a fiduciary lineup that adapts to real life.

Life Happens—Primary Fiduciaries May Decline

Executors handle time-sensitive tasks: filing the will, gathering assets, notifying creditors. If your chosen friend dies first or declines, delays follow. Trustees administer trusts for years; guardians raise children for decades. Counting on a single individual ignores life’s unpredictability—job transfers, marital changes, or strained relationships.

Texas Statutes Provide a Solution but Not Always the Best One

When no alternate exists, Section 304 of the Texas Estates Code lets beneficiaries petition for appointment. Courts prefer close relatives, but beneficiaries may disagree on who that should be. Litigation erupts, and estate funds pay the bill. Writing an alternate list prevents that fight by giving judges clear marching orders.

Planning Ahead for Incapacity: Why Powers of Attorney Are Just as Important as Your Will

Published on: April 10, 2025 | By David W. Miller

Most Texans picture estate planning as a will that activates after death. Life proves otherwise. A car crash, stroke, or sudden illness can leave anyone unable to sign checks or speak with doctors. If you have not appointed trusted agents, courts may step in—and court supervision rarely feels personal or efficient. Partnering with a Dallas probate lawyer at McCulloch & Miller, PLLC places the right people in charge before disaster strikes.

Incapacity Can Strike at Any Age

The Centers for Disease Control reports rising stroke rates among adults in their forties. Car accidents remain the leading cause of traumatic brain injury nationwide. Although seniors face higher dementia risk, no one owns a pass from sudden incapacity. Planning while healthy keeps you, not the court, in control of who will manage money and make care decisions.

Financial Power of Attorney Keeps Bills Paid

A durable financial power of attorney grants an agent authority to handle banking, investments, tax filings, and property management. You select the scope: broad authority for a spouse or limited powers for an adult child. Because the document survives incapacity, courts need not appoint a guardian of the estate. Less red tape means mortgage payments stay current, disability claims get filed on time, and your credit score remains intact.

The Hidden Costs of Not Having an Estate Plan in Texas

Published on: April 3, 2025 | By Thomas W. McCulloch

Dallas residents juggle careers, kids, and commutes; estate planning slides down the to-do list. Yet waiting has a price. When you pass away without clear instructions, your family pays—sometimes literally. Working with a Dallas probate lawyer at McCulloch & Miller, PLLC uncovers those hidden expenses early, saving your heirs from sticker shock later.

Probate Court Fees Add Up Quickly

Texas probate courts charge filing fees for every major step. Opening an intestate estate, requesting letters of administration, publishing mandatory notices, securing appraisals, and filing annual accountings each require a separate payment. A single fee rarely tops a few hundred dollars, but multiple petitions can double or triple costs. Because the administrator must post a bond when no will waives it, premiums rise with estate size. Those dollars leave the estate before heirs ever see a distribution, shrinking the legacy you meant to leave.

Family Conflicts Lead to Expensive Court Battles

Money can unite families—or tear them apart. Without written guidance, siblings debate who gets the lake cabin or Mom’s jewelry. One relative may accuse another of hiding assets; another may challenge the court-appointed administrator. Probate litigation attorneys bill hundreds of dollars an hour, mediators require retainers, and forensic accountants demand deposits. Even if peace returns, legal fees erode the estate. A clear estate plan puts your wishes on paper and keeps disagreements from spiraling into lawsuits.

Why Your Digital Assets Should Be Part of Your Estate Plan

Published on: April 3, 2025 | By David W. Miller

Your smartphone holds more than photos; it stores passwords, payment apps, and cryptocurrency keys. If you live in the Dallas area and die or become incapacitated, a court must sort out that virtual treasure. Working with a Dallas probate lawyer at McCulloch & Miller, PLLC ensures your digital life fits neatly into your estate plan while still honoring Houston roots.

Your Online Footprint Carries Real-World Value

Every paragraph of an email archive, each photo in cloud storage, and each dollar in a PayPal wallet can translate into financial or sentimental worth. Before diving deeper, remember that Texas treats intangible property just like a house or a car when it comes to probate. Including these bits and bytes now spares your loved ones expensive forensic recovery later.

How Long Does Probate Take in Texas? Understanding Timelines and Possible Delays

Published on: April 1, 2025 | By Thomas W. McCulloch

Until you go through the probate process, you have no reason to know how the probate process works. At McCulloch & Miller, we are experts in probate so that you don’t have to be. One question our clients often ask is how long probate takes from beginning to end. The short answer: it depends. The longer answer is below.

Factors Affecting Possible Delays in Probate

Probate in Texas can take anywhere from three months to one year to complete. The amount of time depends on several factors. One such factor is the size of the estate; while not always true, it is common that larger estates take longer to go through probate. Another factor is the complexity of the estate: are there many different kinds of assets, or is the estate mostly made up of one account or one kind of account?

A third factor that can influence the length of probate is the potential for any disputes among beneficiaries. If beneficiaries fight about issues such as whether the descendent had legal capacity when writing the will, whether the will is legally valid, or how to interpret the will, the process could take longer. One way to avoid this kind of dispute is early and often communication with your loved ones. If you prepare your beneficiaries for what will happen when you die, making sure to help them understand how you came to your specific choices, they are less likely to have any disputes during the process.

Muniment of Title vs. Full Probate: Which Is Right for Your Estate?

Published on: April 1, 2025 | By David W. Miller

Muniment of title is a process that can simplify estate distribution for beneficiaries, but it is not always the right tool for a decedent’s estate. How exactly does muniment of title work? And how can you know if it is right for your estate? Today’s blog post addresses these questions and serves as a guidepost regarding this important tool.

Muniment of Title: The Basics

Muniment of title refers to a process through which a decedent’s estate can go through a simplified probate. It is available to estates with minimal to no debts, with real estate as the main asset, and with few other complicating factors. When an estate elects to use muniment of title, the court does not need to appoint an estate executor. All the court needs to proceed is a valid, legal will, and the court can then approve the transfer of the decedent’s property from the estate to the beneficiaries.

How Do I Know Whether Muniment of Title is for Me?

If your estate plan includes a valid will and is primarily made up of real estate, muniment of title might be right for you. Importantly, the only debt in your estate should be liens on the real estate itself. You should also ensure that there will be no conflict over who inherits the real estate in your will before electing to use muniment of title.