Estate Plan

What Happens if Someone Dies with Two (or More) Wills in Texas?

Published on: January 19, 2024 | By McCulloch & Miller, PLLC

In our blog posts in the past, we have reviewed the process of creating, probating, and enforcing a will. In many cases, this process is straightforward, but there are times when complicated factors sneak in. For example: what happens if a person dies with two wills? Which will serve as the controlling document? And how do you navigate this issue if you are going through the probate process?

Who Decides Which Will is the Valid Will?

In short, the probate judge is the person who will determine which will is valid when a decedent leaves behind more than one will. Sometimes, the most important factor in the judge’s decision will be the timing of the will – that is, the will that was created most recently will be the controlling will.

Estate Planning for Young Professionals: What You Need to Know

Published on: October 30, 2023 | By McCulloch & Miller, PLLC

Estate planning is an essential part of any adult’s financial future. A common misconception, however, is that estate planning is only for older individuals. In reality, it is a process that all adults, no matter their age, should consider. At McCulloch & Miller, we speak to many young professionals that want to develop a plan for their assets and their debts; our biggest piece of advice for these clients is that they get started on their own estate planning journeys as soon as they possibly can.

Reasons to Begin Estate Planning

Young professionals might think that since they have not yet built up the assets they hope to acquire as older adults, they do not have any reason to develop an estate plan. However, generating an income, starting a family, purchasing a home, and acquiring debt are all reasons to speak with an attorney to start putting together an estate plan.

Five Things You Didn’t Know You Could Include in a Houston Estate Plan

Published on: June 30, 2023 | By David W. Miller

Five Things You Didn’t Know You Could Include in a Houston Estate Plan

What do you think of when you hear the words “estate plan”? For most people, estate planning brings to mind wills, trusts, and perhaps the probate process. There are, however, many other tools available to you in Houston, Texas, when you create your estate plan. Here, we outline five of them that you should consider discussing with an estate planning attorney.

1. A Pet Trust

In the age of COVID-19, many of our clients brought pets into their homes and into their families. Through a pet trust, you can set aside money that will specifically go towards caring for your pet after your passing.

2. An Ethical Will

If you have loved ones that depend on you for advice and guidance, you can consider writing an ethical will. This document leaves words of wisdom for those you’ve left behind, and while not legally binding, it can be a treasure that these beneficiaries keep forever.

3. Funeral Preferences

If you have preferences about the kind of funeral you would like to have, you can include this in your estate planning documents. You can list songs to sing, funeral location, ideas for readings, and other personal touches you want to make sure your loved ones include in your funeral.

Texas Estate Planning for Eco-Friendly Property

Published on: July 13, 2021 | By McCulloch & Miller, PLLC

Eco-friendly homes are those that are built using environmentally conscious materials and appliances. In recent years, eco-friendly building in Texas has shifted from one-off construction to budding communities of sleek, sustainable housing.

Eco-friendly property owners all have one thing in common: Each of them has taken the initiative to plan for their future—as well as that of the environment. The next natural step for any eco-friendly property owner is effective estate planning.

Like any property owner, eco-friendly property owners should always have a will in place to establish how their assets will be distributed and under what conditions. Leaving a sustainable legacy is, after all, a great accomplishment to be proud of. Make sure your estate plan reflects your sustainable living ideas.

Houston Estate Planning Considerations for Adoptive Parents

Published on: June 19, 2020 | By McCulloch & Miller, PLLC

Houston families with adopted children have to keep certain concerns in mind while estate planning. If a child is not formally and legally adopted, that child generally will not receive the same treatment in the event of a parent’s death. Inheritance and property will not usually pass on to that child in the same way that they would to a biological child. Adoptions can take a long time to become final. Until an adoption has been finalized, the child is not considered a child in the same way that a biological child is for estate purposes.

For example, a stepchild who was raised by a stepparent may be considered the same as a natural child within the family, but if the stepchild was not legally adopted by the stepparent, the child will not be treated in the same way under Texas estate law. In the event of the stepparent’s death, Texas estate law would not treat that child the same as a biological child. This means that if the stepparent died without a will, generally, the stepchild would not inherit any of the stepparent’s assets. However, there are some circumstances under Texas law in which a child can inherit from a stepparent and where there was an agreement to adopt the child.

If a parent legally adopts a child, under the Texas Estates Code, that child will be treated in the same way as a natural child. In the event of a legal adoption, generally, the child’s biological parents’ parental rights will be terminated. In some cases, that child will lose their right to inherit by default as a child from their biological parents. However, in Texas, an adopted child normally can also inherit from the child’s natural parents.

Discussing Houston Estate Planning with a Loved One

Published on: June 8, 2020 | By McCulloch & Miller, PLLC

There are many reasons people may want to avoid creating or revising their Houston estate plan as they age. Some may say they do not have the time or money to sit down with an attorney. Others may think that it is unnecessary. However, often, it boils down to a desire to avoid the uncomfortable conversations that must be had when it comes to engaging in the estate planning process. Most people do not want to think about death, let alone talk about it with their loved ones. With that in mind, it makes sense they would want to avoid discussing their estate plan. So how can one approach this conversation and gently persuade their loved one to create or update an old estate plan?

Tips to start the conversation about estate planning:

First, it is important to show understanding and empathy. As discussed above, these are conversations no one enjoys having. One should show an understanding of why their loved one may want to avoid the topic. One way to do that is by having patience. Try not to be too overbearing or demanding. It may take more than one conversation to convince a loved one to plan for the unavoidable sooner rather than later.

Fixing an Estate Plan Mistake

Published on: February 25, 2020 | By McCulloch & Miller, PLLC

Sometimes, despite best intentions and best efforts, an estate plan leaves unintended problems for heirs, trustees and others to solve. For example, a trust may have become outdated because of changes in tax laws, the birth or death of family members, or special circumstances like an heir’s disability.

When an issue arises, you need to seek the assistance of a qualified and experienced Houston estate planning attorney, who knows to fix the problems or find the strategy moving forward.

For example, an irrevocable trust can’t be revoked. However, in some circumstances it can be modified. The trust may have been drafted to allow its trustees and beneficiaries the authority to make certain changes in specific circumstances, like a change in the tax law.

Dad’s Will and Trust at Odds?

Published on: February 17, 2020 | By McCulloch & Miller, PLLC

A will and a trust are separate legal documents that typically share a common goal of facilitating a unified estate plan. While these two items ideally work in tandem, since they are separate documents, they sometimes run in conflict with one another–either accidentally or intentionally.

A revocable trust, commonly called a living trust, is created during the lifetime of the grantor. This type of trust can be changed at any time, while the grantor is still alive. Because revocable trusts become operative before the will takes effect at death, the trust takes priority over the will, if there is any discrepancy between the two when it comes to assets titled in the name of the trust or that designate the trust as the beneficiary (e.g., life insurance).

A recent Investopedia article asks “What Happens When a Will and a Revocable Trust Conflict?” The article explains that a trust is a separate entity from an individual. When the grantor or creator of a revocable trust dies, the assets in the trust are not part of the decedent grantor's probate process.

Mistakes to Avoid when Planning Estates

Published on: January 17, 2020 | By McCulloch & Miller, PLLC

“Five of the most common mistakes are easy to avoid with the right information and support, as well as a little creativity.”

Because estate planning has plenty of legal jargon, it can make some people think twice about planning their estates, especially people who believe that they have too little property to bother with this important task.

Comstock’s Magazine’s recent article entitled “Five Mistakes to Avoid When Planning Your Estate” warns that without planning, even small estates under a certain dollar amount (which can pass without probate, according the probate laws in some states) may cause headaches for heirs and family members. Here are some big mistakes you can avoid with the help of an experienced Houston estate planning attorney:

How Do I Incorporate My Business into My Estate Planning?

Published on: January 9, 2020 | By McCulloch & Miller, PLLC

“Running and owning a business is just like raising a child: Both are investments in the future, and both require a lot of time, resources and effort to raise successfully. One can argue that you would treat your business like you'd treat a child; you'd want it to succeed even after you've passed on or retired.”

When people think about estate planning, many just think about their personal property and their children’s future. If you have a successful business, you may want to think about having it continue after you retire or pass away.

Forbes’ recent article entitled “Why Business Owners Should Think About Estate Planning Sooner Than Later” says that many business owners believe that estate planning and getting their affairs in order happens when they’re older. While that’s true for the most part, it’s only because that’s the stage of life when many people begin pondering their mortality and worrying about what will happen next or what will happen when they're gone. The day-to-day concerns and running of a business is also more than enough to worry about, let alone adding one's mortality to the worry list at the earlier stages in your life.