Almost every type of income comes with a tax consequence. Capital gains and dividends are both income but they are treated differently when it comes to taxes. Understanding the difference between capital gains and dividend income can have an impact on portfolios and tax planning. That includes the difference in…
Houston Estate Planning and Elder Law Attorney Blog
How Trusts Solve Problems in Estate Planning
Think of trusts like the Swiss army knives of estate planning. There are many different trusts that are used to accomplish many different tasks. At its essence, a trust is a legal document that permits a third party, called the trustee, to hold assets on behalf of a beneficiary. The…
Why Do I Need a Durable Power of Attorney?
Having a durable power of attorney in place makes sense for some people. If you unexpectedly became ill or incapacitated, this would allow someone to take over your finances, including paying bills, checking on investments and managing the business side of your life. A power of attorney is a legal…
Who Pays the Car Lease if the Lease Holder Dies?
If you are among the millions of Americans who prefer to lease a car rather than buy it, you have obligations that are spelled out in the lease agreement. That contract and the laws of your state direct what happens, when a lease owner passes away. What if the salesman…
Medicare Doesn’t Cover Everything
Life before Medicare was a real struggle for seniors without healthcare coverage. Today’s program still works wonders, but it doesn’t cover everything. Once you turn 65, you are eligible to take part in the Medicare system of healthcare. It can be a little confusing to apply, and sometimes a little…
What to Do With a Timeshare When the Owner Dies Without a Will
Some people love their timeshares and plan their getaways around the timeshare company’s offerings. Others are excited at the start, and then find that it simply doesn’t work for them. For heirs, a timeshare can be problematic. When a timeshare owner dies, the timeshare will usually be part of the…
Digital Assets and Your Estate Plan
Digital property needs to be addressed in your estate plan just as tangible assets like real estate. Not planning for a digital afterlife is increasingly important. How many hours do you spend on your smart phone, laptop or desktop, busy with work emails, personal emails, social media platforms, gaming, networking…
How Does a Medicaid Annuity Work?
When one spouse needs nursing home care and the other is healthy, there are several approaches that can be taken to securing Medicaid coverage. An elder law estate planning attorney should be contacted, since every situation is different. For some couples, a Medicaid-compliant annuity may be a solution. What happens…
Why Are Handwritten Wills Risky?
While there are a surprising number of states that do accept holographic or handwritten wills, there are still requirements that must be met, or the will is deemed invalid. After her death last August, it was thought that Aretha Franklin had no last will and testament. However, as relatives have…
Elder Abuse Numbers Continue to Increase
The number of seniors being exploited or abused quadrupled from 2013-2017. Tracked now by a number of financial institutions that submit data to FinCEN, a federal government watchdog agency, elder abuse has become a national epidemic. More than 180,000 Suspicious Activity Reports submitted by banks to the federal government were…