Few people look forward to creating an estate plan. However, the importance of creating a Houston estate plan cannot be overstated. By taking action now, individuals can ensure that they have the means to provide for themselves while protecting everything that they have worked so hard to obtain throughout their life.
For many, the concept of estate planning can be overwhelming. Below is a checklist of important steps for those who are thinking about how to start the estate planning process.
From creating a will to establishing a revocable trust, there are many tools and options available to individuals creating a Houston estate plan. However, many people are unaware of the role insurance can play in an estate plan, especially for small business owners. Many estate planning attorneys will advise their clients to obtain life insurance, if they do not have it already, when planning ahead for their future. Besides merely obtaining insurance, there are vital steps business owners should follow when creating an estate plan.
Nothing can replace the loss of a loved one; however, having insurance can help soften the financial blow if tragedy strikes. If the loved one was an owner of a business and the family is looking for someone else to purchase the company, an insurance policy can allow the family to take the time to transition the company during a new period of leadership. Without life insurance during this time, the family would be a majority owner in a business they do not want to run and, often, requires a more experienced person to lead.
With colleges starting the fall semester around the country, worries about paying for higher education and making ends meet often come to students’ minds. Family members, like parents and grandparents, will often want to help their loved one pay for college if they are able to; however, at the same time, they do not want to do so at a detriment to their own financial future. One popular method to help a student with their college costs is a qualified tuition plan. A qualified tuition plan is a type of Houston estate planning tool that allows a person to contribute to another’s higher education expenses without having to pay taxes on these contributions.
A qualified tuition plan lets a loved one, called a contributor, to either prepay their student’s qualified expenses at an educational institution or to contribute to a designated account to pay these costs. A contributor can put their funds toward tuition as well as fees, books, supplies, and equipment required to participate in the educational program. However, contributions to a qualified tuition plan cannot exceed the amount necessary to provide for the beneficiary’s expenses.
It can often be tricky enough to raise children; however, for those raising children and taking care of their own aging parents, the workload is doubled. The “sandwich generation” is a term that refers to those who are simultaneously caring for their own children as well as their elderly parents. While the stress may seem insurmountable for those juggling both of these tasks, there are ways to plan ahead and manage these challenges through the use of an effective Houston estate plan.
Even before it seems necessary, it is important for people to have emergency information about one’s parents readily available. Having the following information easily accessible can save people from frantic moments after an unforeseen medical emergency has occurred: copies of insurance and prescription cards, the contact information of primary care physicians, basic medical history, and a current list of medications and dosage. Additionally, it is critical to have an elderly parent’s financial information on hand, such as contact information for banks and a list of financial accounts, in case of incapacitation or other emergencies. Check out our wonderful Family Document Checklist Tool.
Ensuring how a person’s assets and property will be handled after death is a critical first step when drafting a Houston estate plan. Often, a comprehensive estate plan involves the creation of one or more trusts. Thus, the second step of estate planning, determining who to name as a trustee, is often just as vital.
Serving as a trustee is time-consuming and complex. Although individuals often select a family member or close friend to serve as the trustee, picking a professional trustee can often eliminate a lot of the common issues that trustees face when executing an estate plan. Because a trustee will be responsible for ensuring an individual’s assets are distributed in a fair and legal manner, there are factors to consider when choosing a person to serve as the trustee of the estate:
When a loved one passes away, it is often a very tragic time for the family. However, it can be even more upsetting when the person dies without a will, and there is a family dispute over the contents of the estate. While having a thorough Houston estate plan can minimize the risk of disputes, there is still the possibility that issues will arise. Below are some common estate problems and solutions.
A family dispute with an estate’s executor or administrator is a regular estate planning issue. When an executor is appointed to manage the estate after a person passes away, there can be a conflict if family members disagree with the executor’s choices. These disputes include if the family believes the executor was poorly chosen or if the executor is engaged in the mismanagement of the estate, including possible fraud. In these cases, it may be necessary to have the executor removed and replaced. Because it may be difficult to find an executor that family members are satisfied with, it is often useful to find a neutral outsider who does not stand to inherit any of the estate property.
“Estate planning design and implementation is not only complex but can be highly emotional. Therefore, it’s important to have a basic understanding of the estate planning process, before approaching a professional.”
The decision to start an estate plan is critical for all families, but it can also be a challenge. In many cases, the greatest impediment families face initially is discussing death, especially the deaths of family members. Forbes’ recent article entitled “Estate Planning 101: Tackling Your Estate Plan” suggests several life events that will trigger the need to create an estate plan for your family or business.
The article also reminds us that it’s important to think about what might happen to you or someone in your family, in the event of a substantial life change. Here are some life events that can necessitate the need for an estate plan and a visit with your attorney:
“Planning for the end of your life can be intimidating. When you are a farmer, your business is not only your livelihood and your passion, but, often, it is also intermingled with your family life. For that reason, estate planning — arranging for the management of your assets once you die — is especially important for aging farmers.”
The Bangor Daily News explains in its article “How farmers can start an estate plan” that we all know we’re going to die, but it’s not our favorite thing to talk about. However, it’s important to start these conversations.
The article helps aging farmers who want to get started with the estate planning process, by sharing some tips to clear up some of the confusion, eliminate questions in the process and motivate you to begin your estate planning journey.
Depending on the situation, the probate process can be a nightmare. For this reason, many believe probate should be avoided whenever possible. However, avoiding probate depends on the circumstances of each individual situation. While creating a Houston estate plan that avoids probate will be beneficial in most circumstances, there are certainly some situations where the level of planning required to avoid probate is unnecessary.
What is Probate?
Probate is the court-guided process through which a decedent’s property is distributed accordingly. Through this process, the court authenticates the decedent’s will, notifies potential heirs, accounts for the decedent’s property, and addresses tax obligations before estate property is distributed to beneficiaries. The court is also responsible for appointing an executor of the estate to oversee the process and protect the interests of the estate and its beneficiaries. In the case of an intestate estate (where the decedent dies without a will) probate serves the same functions, with the only difference being that property is ultimately distributed according to state intestacy laws.
For individuals of all ages and familial structures, it is important to have a comprehensive Houston estate plan for two reasons. First, it provides instructions regarding the distribution of someone’s hard-earned assets, ensuring that their property is distributed according to their desires. Second, an estate plan provides end-of-life instructions that can help ensure an individual’s last days can be spent peacefully. While an estate plans should be a priority for any individual or family, an estate plan is even more critical for those in long-term relationships with someone whom they are not married to.
For unmarried couples, if one partner dies without an estate plan the results can be disastrous. State law assumes and protects the interests of married partners by ensuring them part of the estate through communal property. Married partners also have the presumed right to make medical and other important decisions on behalf of their significant other. Unmarried couples on the other hand do not have the same sort of protection. If one partner dies or becomes incapacitated, the other partner can only inherit from their estate or make important decisions on their behalf if careful estate planning has not already taken place. Below is a list of estate planning tools that are useful for unmarried couples who want to protect and provide for one another.
Houston Estate Planning and Elder Law Attorney Blog