Asset Protection

It Takes More than a Nest to Protect Your Retirement

Published on: September 2, 2016 | By McCulloch & Miller, PLLC

Having an emergency fund in place will help you deal with the unexpected. Surprising survey results point to this as a very weak link in many Americans’ financial plans.

Seniors who have finally reached retirement age after decades of work and smart planning may think they are all set once their nest egg is funded. But that nest egg needs to be protected by an emergency fund—something which most Americans seem to have forgotten during their retirement planning.

Fox Business’ recent article, “What Nest Egg? Two-Thirds of Americans Can't Cover $1,000 Emergency,” talks about the importance of maintaining an emergency fund so you don’t take withdrawals from your retirement accounts.

Mid-Summer is Time for a Midyear Financial Checkup

Published on: August 19, 2016 | By McCulloch & Miller, PLLC

While the number of people making New Year’s financial resolutions are on the rise, we would do well to make a midyear financial check a regular part of the summer season.

The good news is more than 30% of Americans did give some thought to making financial resolutions this past New Year, according to a survey from Fidelity Investments. The goals were nothing out of the ordinary. They were simply the things we should all be doing with our money: saving more, spending less and getting rid of debt.

If you were one of these go-getter and goal-setters, this summer is a perfect time to look at your progress, says US News in “Keep Your Money Goals on Track with a Midyear Financial Checkup.”

Cross-border Financial Planning Helps Expats Move Home and Retirees Live Their Dreams

Published on: August 17, 2016 | By McCulloch & Miller, PLLC

Moving a lifetime of possessions in or out of the country is one thing, but moving money from country to country without losing it takes a new kind of financial planner.

Whether you are retiring to a small cottage in the Cotswolds or coming home after a career that kept you in Asia’s booming manufacturing markets, there is a new type of professional who can help with one of the most potentially costly parts of the move: moving money across borders.

Nasdaq’s recent article, “Money Crossing Borders Requires Special Planning,” says the good news is that a new kind of financial planning is emerging to help people navigate the potential pitfalls of such moves.

How One Family Preserved a Legacy and a Fortune for Six Generations

Published on: July 15, 2016 | By McCulloch & Miller, PLLC

We often hear about families who squander fortune; we hear less about families that preserve their wealth and values over generations.

Successful entrepreneurs often struggle with estate planning when it comes to their children. Will knowledge of large inheritances to come create spoiled and unmotivated adults? How can wealth be shared across generations while fostering family values that include a strong work ethic and service to others? In a recent article appearing in Forbes, “The Successful Entrepreneur's Guide to Leaving a Financial Legacy That Won't Spoil Your Kids,” one family’s solution of passing along wealth and empowering generations of children is presented.

The family is one of the richest families in history: The Rockefellers. Their fortune is still going strong today—six generations later. They maintained their fortune by creating trusts to protect the family wealth. Trusts can have specific rules for determining how and when heirs are allowed to access money. This is the key to giving your children access to funds without eliminating their potential to achieve success on their own. Many times entrepreneurs fear leaving their children a large sum of money, but a trust lets you attach some strings.

Buyer Beware: Burial Plot Purchase Requires Shopping Savvy

Published on: July 14, 2016 | By McCulloch & Miller, PLLC

Consider the amount of time you spend on planning a one-week vacation. You’ll want to spend more time on planning your eternal resting place.

A local television station in Sarasota, Florida aired a news story about a cemetery where the grass and weeds were so overgrown they sparked complaints from local residents walking their dog near the property. As a result, according to a WTSP 10 News report, “Protecting your loved ones last resting place,” Sarasota Memorial Park was told by county code officials to bring the grounds up to code or be fined. Not long after the news report aired, workers were seen doing maintenance on the grounds.

The people who had called to complain even called on volunteers to mow Sarasota Memorial Park. They mowed a section one morning until they were told to leave. However, their complaint to the County Code Enforcement Department resulted in a warning to the cemetery property owners. They were ordered to clean up the cemetery or face a notice of violation and fines.

Need to Track Down a Missing Pension?

Published on: June 20, 2016 | By McCulloch & Miller, PLLC

The defined-benefit pension is a rare bird today. But if you are lucky enough to have one, don't assume that your distribution will go smoothly. Here's how to protect yourself.

For millennials, the idea of a pension plan that pays benefits from the time you retire to the day you die is an unheard of concept. Fewer and fewer American companies offer this benefit, so if you are among those who have a defined-benefit pension, congratulations. But don't assume that the check is in the mail. A recent investigation by the Department of Labor into some of these large plans shows that more than $500 million is owed to retirees.

Kiplinger's article, "Missing Pensions Costly to Retirees," reports that since last summer the Labor Department has investigated more than four dozen large pension plans and has found staggering results: some of them are not doing a very good job of monitoring retired participants and paying benefits when they're owed. Some plans don't even have the names or ages of many of their participants.

How to Make Your Houston Family Business the Exception That Survives

Published on: June 13, 2016 | By McCulloch & Miller, PLLC

Whether on the evening news or a serial drama, we love to watch the inner workings of family businesses—in large part because of the drama and the high likelihood of failure.

The narrative of family dynasties is intriguing. According to the Yakima Herald in "Passing the baton: 6 challenges for family business succession," that is because successfully transitioning from one generation to the next is extraordinarily challenging and statistically unlikely. The low levels of success are matched by high expectations of business owners who believe that somehow, someway, their family will continue to control the businesses. Their viewpoint is highly optimistic and—most often—wrong.

Whether it's a national chain of supermarkets or a mom and pop corner grocery, owners will face several obstacles when seeking to ensure that their business legacy continues with and through their children. Here are some common challenges to consider.

Here’s One Way to Avoid the 401(k) Penalty

Published on: June 9, 2016 | By McCulloch & Miller, PLLC

The double nickel year has potential for allowing you to tap your 401(k) without an early withdrawal penalty, but you have to know exactly how it works to avoid problems.

There's one exception to the rule that you must be at least 59 ½ to tap your 401(k) without incurring a 10% early-withdrawal penalty, but you have to tread carefully. If it is the year you turn 55 or older and you leave your job, there's no penalty. You will still owe tax on the withdrawal—a $10,000 payout at a 25% tax rate will still cost you $2,500. There's no free lunch, even here. But, the good news is you don't get hit with a $1,000 early withdrawal penalty.

It doesn't matter how you separate from service. In fact, retiring, being laid-off or even termination will spare you the penalty. Provided you're 55 by the end of the year you leave the job, the rule applies, says the Kiplinger's article, "When You Can Tap a 401(k) Early With No Penalty."

Six Key Houston Estate Planning Documents To Protect Your Loved Ones

Published on: May 23, 2016 | By McCulloch & Miller, PLLC

Privacy and a faster resolution to settling estates are just two good reasons to create an estate plan.

You really don't have to be a millionaire or famous to create an estate plan, as noted in an article appearing on the Forbes' website, "Prince and Estate Planning: What We Can Learn from the Late Musician's Financial Picture." All you have to do is make sure that you have six basic estate planning documents in place to protect your loved ones from additional stress and worry when you pass away.

Here are the six key documents you should have to protect your assets and your family in the event of your passing:

Survivorship Life Insurance Can Serve As an Estate Planning Tool

Published on: May 18, 2016 | By McCulloch & Miller, PLLC

Survivorship Life Insurance is a very useful part of an estate plan, but it is not as widely discussed as many other forms of life insurance. A skilled insurance professional and your Houston estate planning attorney should work together for the best outcome.

In "Survivorship Life Insurance Useful for Estate Planning," Insurance News explores how this kind of policy works in an estate plan to benefit heirs or to help make a charitable donation. As the name implies, proceeds are not paid until the last survivor passes—typically the spouse.

This is a real advantage for lower pricing. Another benefit to consider is the benefit of the female spouse. Since women far outlive men, this fact is also reflected in lower premiums. This means you can typically buy twice as much face amount in a survivorship policy as you could in an individual policy for the same money, which is important in estate planning scenarios. Typically, we need to have very large dollar amounts when it comes to death benefits, which in turn, means higher premiums. Affordability and cash flow are always major concerns, so this strategy can help to keep these costs down.