Estate Planning

Disinheritance is a Sticky Situation

Published on: July 11, 2014 | By McCulloch & Miller, PLLC

Lawyers for Mr. Cohen say that he was entrusted with his father’s business, and that the two men enjoyed a close and caring relationship. But lawyers for Ms. Perelman claimed that it was that closeness that allowed Mr. Cohen, who eventually took over operations of Hudson Media, to manipulate the ailing man into changing his will.

Even when there are good reasons for leaving everything to one child, disinherited children will often choose to fight in court. Most people attempt to leave all of their children an equal proportion of their assets. That is not always easy to do. If the majority of assets are tied up in a business, for example, then it may be prudent to leave the business to the child who is active in the business. Just be ready for a fight if this decision is done late in life.

A recent article in The New York Times, titled “In Inheritance Battle, Judge Sides Against Perelmans,” reported on a legal dispute over the estate of billionaire Robert Cohen.

Financial Tips from a State Treasurer

Published on: July 10, 2014 | By McCulloch & Miller, PLLC

From checking Unclaimed Property to setting up automatic bill payments, here are some simple tips each of us can use to keep our finances organized this year.

Although you may not live in Missouri and it may not be "spring cleaning" season, Missouri State Treasurer Clint Zweifel offered sound financial advice in a column from The South County Mail entitled"Spring cleaning? Don’t forget your finances." Mr. Zweifel has some "simple tips" on estate planning and taking care of money that you can do any time of the year.

For Texans, Susan Combs serves as the Texas Comptroller of Public Accounts. The Comptroller's office features a robust website that outlines the state's financial state and offers resources for residents, along with "Unclaimed Property" listings.

Estate Tax Liabilities and Life Insurance for Houston Families

Published on: July 4, 2014 | By McCulloch & Miller, PLLC

“While there are a number of ways to address estate tax liabilities and retirement savings distinctly, developments in the life insurance arena are providing new and potentially better options. These strategies are highly versatile to meet the evolving needs of the individual many years into the future.”

As those in business well know, there are really only two ways to deal with a potential business liability: proper planning and execution on the one hand, and proper use of insurance on the other. Many find both approaches can also work in tandem to effectively achieve their estate planning and retirement goals.

The use of insurance to deal with an estate tax liability inevitably brings us to the topic of life insurance. In fact, an interesting approach was advocated recently in a Forbes article titled “Life Insurance For Estate Taxes And Retirement.” Why life insurance? Well, while the fundamental risk life insurance is meant to resolve is the loss of income upon the death of a breadwinner, it can cure the problem of illiquidity when estate taxes are due. That is especially helpful if real estate or other illiquid assets are what is driving your estate to taxation in the first place.

Preserving Genetic Material for Offspring – How Does this Affect Your Houston Estate Plan?

Published on: June 25, 2014 | By McCulloch & Miller, PLLC

As growing numbers of people use reproductive technology to have children later in life or overcome infertility issues, many affluent Americans are leaving behind “genetic material” that could conceivably add a new heir to the family.

Estate planning is all about tying together the loose ends of your life. Easier said than done, right? It seems with every passing generation our lives get even more complicated. Medicine, especially fertility medicine, continues to baffle the legal system. The perfect example of that is posthumous progeny (how is that even a phrase?) through cryogenics, in vitro fertilization, and entirely understandable timing. It’s been in the news before, but MarketWatch recently took up the topic in an article titled “Your frozen sperm could inherit your estate.”

Inheritance, unless you plan otherwise, legally flows from generation to generation or simply the closest kin in lieu of that next generation. It’s an age-old concept and logically follows the nature of human reproduction. On the other hand, that can get pretty complicated when we stop reproducing as they always have (as in only the ways they could) in ages past.

Wealth Distribution Options for the Single or Childless

Published on: June 12, 2014 | By McCulloch & Miller, PLLC

"We say to people: 'If you do nothing, your money will go to the state. Is that what you want?' That's enough to make them want to consider something else," says Andrew Russell, a certified financial planner in San Diego.

If you have no spouse or children, you may feel like you have an estate planning dilemma. How do you plan when there is no one to plan for? For an increasing portion of the population there are no direct descendants, and those individuals are pondering their wealth distribution options.

Reuter’s summarized the issues in a recent article titled “Estate planning for the young, rich and childless.” It’s in one sense a case of there being no easy or automatic options. This means that the sky is the limit. The other side of the coin, however, is that there is much room for option paralysis. For most, the most rewarding decision is to find a way to give back to the community and to the causes about which you care most through charitable giving.

Should Houston Women Look At Estate Planning In A Different Light?

Published on: June 9, 2014 | By McCulloch & Miller, PLLC

It’s not that there are different estate-planning tools for each sex. But women are likelier to live longer, they’re likelier to be custodial parents and, speaking generally, women often approach the topic differently than men.

Do you think estate planning for women is different than it is for men? Gender isn’t and shouldn’t be important when it comes to so much in life. However, it actually should be something you take into account when it comes to estate planning. Men and women are simply different and often have different legal folds to their life.

On that note, MarketWatch had a bit of advice for women worth sharing in a recent article titled “How women can make estate planning easier.” The challenges that end up arising for women can seem subtle or can be outright life-altering. Either way there are important aspects to account for whether planning as a married couple or as a single person.

Houston Estates Can Include Plans For Everything – Plants Included!

Published on: June 4, 2014 | By McCulloch & Miller, PLLC

"This plant will definitely outlive me," said Ms. Scoratow, a landlady who is 63 years old and in good health. "After I pass, I don't want her to go unloved."

Your estate plan should include everything that is dear to you. Once you are gone you'll want to make sure your wishes are carried out accordingly. A recent article in The Wall Street Journal illustrated one way of making sure everything is taken care of after you are gone. The article is titled “A Woman's Will Provides Funds for Trusty Houseplant Upon Her Death.”

The article chronicles the curious case of Ronna Scoratow, her will, and her trusty 42-year-old philodendron. Ms. Scoratow, having no children or horticulturally-minded next-of-kin, simply had no automatic option for the future care of her prized plant. Beside, this is not your average houseplant that is easy to move around.

Does Your Better Half Know The Plan For Your Houston Estate?

Published on: June 3, 2014 | By McCulloch & Miller, PLLC

Estate planning isn't exactly my idea of fun, but it's absolutely necessary. Just like you're planning for retirement, you need to plan for the inevitable.

If you have taken the vow of “until death do us part,” have you considered what will happen if you are no longer here? Does your spouse know and understand your estate plan? Will your spouse be able to manage what you leave behind?

Estate planning for married persons begins with thinking about the future security of your spouse in a world without you. In many ways, you likely assume that your spouse is prepared to take over. However, this is a potentially dangerous assumption and one that should not be taken for granted. In fact, many things can go awry, both practically and legally, unless you and your spouse have specifically talked them over.

Giving To A Houston Graduate

Published on: May 30, 2014 | By McCulloch & Miller, PLLC

When her son recently turned 18, Lisa Kirchenbauer and her husband had him sign papers to take control of an account for minors they had long ago set up as a college fund – which had grown to about $60,000. "What if I ran out and bought a car with it?" he asked.

It is graduation season, which means it is graduation gift-giving season. If you hope to mark your loved one’s accomplishment with a sizeable gift, then how do you ensure that such gift is not squandered?

To mark a milestone with a financial gift can be something of a carrot-and-stick opportunity. If that is the case, then the trick is to ensure that the gift encourages positive possibilities instead of some shiny mess with a new car smell. Reuters recently provided some advice on this timely topic in an article titled “Four ways to influence how new grads handle money.”

Married? Consider These Eight Estate Planning Goals for Houston Couples

Published on: May 29, 2014 | By McCulloch & Miller, PLLC

Knowing these objectives help both the couple and their estate planner determine what might be the best way to structure their estate plan. Below are eight of the most common estate planning objectives that influence a couple’s estate plan.

Planning for just you and your hopes takes a lot of work. While you may be of one mind (literally), there is much to think about, values to weigh, and options to select. But what about married couples? However close, married couples are not just of “one” mind and, accordingly, as a couple will have that much more to think through and plan. As a married couple planning for your estates, what should your objectives be?

How, where and why do married couples come together in their planning and what values or strategies should they work to support? There is no one answer because this has everything to do with the couple, their assets, their loves ones, and their many hopes besides. Nevertheless, even unique couples can find themselves pursuing common objectives by one tool or another. Forbes offered a helpful little list of eight common objectives for married couples planning their estates in a recent article titled “Eight Common Estate Planning Objectives Of Married Couples.”