Estate Planning

Daughter Fights to Ensure Father’s Proper Military Burial

Published on: March 16, 2015 | By McCulloch & Miller, PLLC

Until Feb. 20, when Missouri state authorities intervened to help Yvette James get control of her father's remains, James was stuck in a nightmare of red tape. All she wanted was to rightfully fulfill her father’s burial wishes, something she should have legally been allowed to do from the get-go.

It seems Yvette James was wrongly excluded from her father’s burial planning due, in large part, to her own military service. Even though she has the right to make those decisions under state law as the primary next of kin and only child, a funeral home allowed her cousin to make arrangements for the service and burial. This story was told in The Army Times, in an article titled“Soldier fights for right to bury her father.”

The cousin wanted to bury James’ father at a veterans’ cemetery in St. Louis. However, James wants to have her father cremated and buried at Arlington National Cemetery, as she plans to retire in Maryland. As James put it: "Arlington is the ultimate cemetery. My dad was so proud of his service. That's all he talked about. He did four years, and you'd think he did 30. He loved the Marines."

Include Everything in the Prenup! A Lesson from Robin Williams’ Estate Dispute

Published on: March 6, 2015 | By McCulloch & Miller, PLLC

"The mess comes when you don't have proper estate planning," said Robert Nachshin, a family law attorney based in Los Angeles. An important tool in that toolbox is a prenup, which spells out how assets should be split up if the marriage fails or a spouse dies. Nachshin said that a spouse who wants to protect assets in a second marriage should have both trusts and a prenup.

A prenup details how assets would be split up if the marriage fails or a spouse dies. A spouse who wants to protect assets in a second marriage should also talk to an experienced estate planning attorney about trusts. Planning details about prenups were covered in a recent CNBC article titled “Remarrying? Shower kids with love, and a good prenup. ”

One of the best features of a prenup is that it can protect nearly every kind of asset an individual may want to pass along—this includes art collections, cash, and the family business. Without a prenup, it’s easier for a spouse to obtain some unintended part of the estate if you die. A prenup should be airtight to avoid legal issues. Although Robin Williams had a well-thought-out estate plan when he passed, which included a prenup and a trust for his children, some of his personal items were left out of the documents. This is causing a fight between his spouse and his children.

Your Houston Estate Plan Check Up

Published on: March 5, 2015 | By McCulloch & Miller, PLLC

Once the basic documents are in place, they should be revisited periodically. If there is a major change in your circumstances- good or bad, your attorney should know.

How are those New Year’s Resolutions coming along for your finances and estate plan?

Fox News recently posted some tips in an article titled “Is it time for your legal checkup?”The article advises that a will is a great starting point, even if you’re young and healthy. Once we have children, another important part of estate planning is designating a guardian who will rear your children if something unforeseen happens. It’s also important to decide the ages at which your kids should inherit assets. You should discuss all of this with your estate planning attorney: allowing the trustee to have the discretion as to how, whether, and when to make distributions can protect immature or young beneficiaries. This will also keep these assets from counting against a young person’s college financial aid applications.

Houston Families: Money-Makers (or Money-Savers) for NOW

Published on: February 20, 2015 | By McCulloch & Miller, PLLC

Here are money tasks to do this week that will help 2015 be more prosperous. Most can be done in about an hour.

As reported in a Chicago News Service article titled “Got an hour? Tackle these money tasks,” a recent survey from the National Endowment for Financial Education found 64 percent of U.S. adults will make a financially focused goal in 2015. The article also notes that in making those goals, you should be specific and make individual tasks to keep the job manageable.

The first question you might ask is “Where the heck do you get the money to fund these goals?”

DIY Estate Planning May Not Work for Houston Families

Published on: February 9, 2015 | By McCulloch & Miller, PLLC

People have many options today for creating their own estate planning documents. Forms can be purchased quickly from websites and books. However, trying to create your own estate plan can actually be more expensive than hiring an attorney.

Everyone knows that attorneys can be expensive. This is just as true for estate planning attorneys as it is for other types of attorneys. An entire industry has sprung up to give consumers a cheaper option for some supposedly routine legal matters, like estate plans. Forms are available for downloading online that promise buyers they just need to read the instructions and fill in the blanks to create their own wills and trusts.

One major problem with these services is when estate planning is not done properly it is much more expensive to fix things than it would have been to hire an attorney to do things right in the first place.

Houston Families: Do You Have Your ICE File?

Published on: January 19, 2015 | By McCulloch & Miller, PLLC

Create a file that you name sometime like "ICE," which stands for “in case of emergency.” Some people call this their “grab-and-go” file, since that’s what it’s for. Make sure that anyone who needs to have this information knows how to access it. For example, if you have to leave for the hospital in a hurry, this file will contain all your important information. Here’s what to put in there.

Are you prepared for an emergency? Do you have all your files ready to go?

A recent article in the Ashland Daily Tidings, titled “In the new year, be sure you have your 'ICE' file ready,” suggests that you create a file named ICE—“in case of emergency” or the “grab-and-go” file. Make sure anyone who needs to have this information knows where it is, so if you have to leave for the hospital in a hurry, you’ll have all your important information.

2015: New Financial Goals for Houston Families

Published on: January 13, 2015 | By McCulloch & Miller, PLLC

If history is a guide, this coming week nearly half of us will make resolutions seeking to improve some facet of our lives, many of which will be focused on personal finance. If one of your goals for the New Year is to get your financial life in order, here are a few key areas which should be included on your 2015 financial planning checklist.

As you begin compiling your 2015 financial goals, one of the first items on your list should be to calculate how much money you'll need in retirement. It’s one of the most significant math problems you’ll do after you finish grade school. Once you have arrived at the answer to this math problem, you need to examine if that answer will create a problem for you as you prepare for retirement.

With that target in place, pay heed to the advice in an article from Seacoastonline.com titled “Start your 2015 financial planning checklist.” Consequently, you should create a strategy that will help you achieve that goal. A savings plan is one method you can use—and take maximum advantage of any tax-deferred savings opportunities available to you along the way.

Lack of Health Insurance Could Impact Houstonian’s 2014 Taxes

Published on: January 12, 2015 | By McCulloch & Miller, PLLC

The Journal has consulted several local professionals with expertise in various financially related realms. We asked each for tips readers can take with them into 2015.

As we enter 2015, many Americans will start to shift gears to tax season and filing their 2014 tax returns. Just make sure you are aware of potential penalties, particularly regarding health insurance.

Starting in 2014, all nonexempt U.S. citizens and legal permanent residents must maintain minimum essential health-insurance coverage. This requirement is discussed in a recent Albuquerque Journal article titled “Tips help prep for improved finances.”

Budget Suggestions for Houston Retirees

Published on: January 6, 2015 | By McCulloch & Miller, PLLC

The secret, experts say, is to find a balance between keeping some comforting traditions and letting go of ones that obviously no longer fit.

How do you manage the holidays on a retiree budget? If you are a retiree or will be retiring in the coming year or years, then this article may be for you.

Experts say that the key is to find a balance between keeping some of the traditions and saying goodbye to those that no longer fit.

Estate Planning for Houston Singles: What You Need to Know

Published on: January 2, 2015 | By McCulloch & Miller, PLLC

“For those who are single, whether they’ve always been single or they find themselves single again, there are some unique [estate-planning] issues,” says Doug Rothermich, managing director, wealth-planning strategies at TIAA-CREF.

Married couples usually can see the benefit of having an estate plan, but single people mistakenly think estate planning does not apply to them.

Accordingly to a recent Wall Street Journal article titled “Estate-Planning Essentials for Single People,” single people face some unique estate planning issues. This is true whether they have always been single or now single again.