Houston Estate Planning and Elder Law Attorney Blog

Time to Review Your Houston Estate Plan: 4 Key Dates

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

So how do you know if your estate plan is out-of-date? If your will or trust predates these four key “freshness dates,” it may be time to visit your attorney for a review.

Estate plans are not meant to be a one-time deal. If life changes – or the law changes – you need to update your plan accordingly.

The website nextavenue.org recently posted a very informative article, titled “Why Your Will May Be Out of Date,” which states that although your estate planning documents are still valid, they may no longer work the way you originally thought they would.

Can I Have Your Password, Please?

Published on: June 4, 2015 | By McCulloch & Miller, PLLC

“‘Do you have any important business online?’ That is now just as important of a conversation as asking somebody their health care preferences in a life-threatening situation.”

Leaving your digital accounts out of your Houston estate plan can prove to be a big, bad mistake.

Most digital accounts require passwords for access, even accounts we would not have considered as important even a decade ago.

Sharing End of Life Plans is a Gift to Family

Published on: June 3, 2015 | By McCulloch & Miller, PLLC

At Hospice of Anchorage, end of life planning is what clinical director Alison O'Donnell encourages. Having advanced directives, or a living will, and a power of attorney in place is a gift to family, she said.

Near retirees all over the country are starting to think about downsizing for retirement. Consignment shop owner Christy Carter knows this all too well, as she helps those downsizing sell their belongings. Ms. Carter said in a KTUU.com article, “End of life planning a 'gift for family,' experts say,”that she also receives a lot of merchandise from families who are cleaning up the estate of a loved one who has recently passed away. Most of the furniture she sells are from estates.

Many who have already lost a loved one don't want to deal with all of the details because they're going through their grief process emotionally. However, end of life planning is what the clinical director of an Anchorage area hospice recommends. Having advanced directives or a living will, and a power of attorney in place is a gift to family, she said.

Don’t Forget, Houston! Time for Estate Planning

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

Make it a point to learn about the factors and areas that must be addressed in estate planning in order to maximize, protect and preserve your legacy the absolute best way.

You don’t have to be ultra-wealthy to have an estate plan.

The Kokomo Perspective’s May 16 article, “Don’t Forget About This,” reminds us that the ultimate goal of estate planning is to pass on as much of your unused assets with the least amount of taxes, expenses, fees and time—and do it as privately as possible. You want to protect and preserve your legacy for your family, loved ones, and charitable causes.

Crummey Trusts: Viable Tool for Houston Families?

Published on: June 1, 2015 | By McCulloch & Miller, PLLC

Actually the trusts are Crummey trusts named after one D. Clifford Crummey who won a decision in the Ninth Circuit in 1968, when I was just a high school lad. Israel and Erna Mikel were just in Tax Court showing how powerful the Crummey power can be as they used it to shelter over $1.4 million in transfers to their family trust from gift taxes. An arbitration clause that called for the use of a religious court caused the IRS to challenge the validity of the exclusions, but the Tax Court ruled in the taxpayer’s favor.

Trusts can have pretty funny names. Take the Crummey trust for example – doesn’t sound very good, does it? Who wants a “crumby” trust? Let’s explore this tool further.

A recent Forbes article, titled “Religious Arbitration Clause Does Not Hurt Million Plus Gift Tax Exclusion,” reminds us that there’s an annual exclusion from gift tax. Reminder: every year you can give the annual exclusion amount ($14,000 this year) to as many people as you want without any gift taxes or disturbing the unified credit against transfer taxes. However, to qualify for the exclusion, the gift has to be of a “present interest”.

Houston Families: Be Aware of Elder Fraud

Published on: May 29, 2015 | By McCulloch & Miller, PLLC

A Walnut Ridge woman was arrested Thursday for forging a will after someone else had died.

Another scammer made the news recently, this time involving a forged will.

KAIT reported the story in an article titled "Woman arrested for forging new will after someone died."

Guardianship Selected for Bobbi Kristina Brown

Published on: May 28, 2015 | By McCulloch & Miller, PLLC

“We are delighted to inform the public that the court has appointed Bobby Brown and Pat Houston as co-guardians of Bobbi Kristina Brown (‘Krissi’),” read a statement issued by David Long-Daniels, counsel for Pat Houston and Cissy Houston, and Christopher Brown, an attorney for Bobby Brown. “Both Mr. Brown and Ms. Houston are jointly responsible for decisions related to Krissi’s care and medical needs.” A court-appointed attorney, Bedelia Hargrove, will act as a conservator for the 22-year-old.

The court-appointed attorney specializes in fiduciary litigation, probate and estate administration, estate planning, personal injury and wrongful death cases, as well as general civil litigation.

As conservator, the attorney “is responsible for Krissi’s assets, including her likeness, rights and legal claims,” according to the statement read by attorneys for the family.

Houston Investors Should Organize Finances for Ease in Planning

Published on: May 27, 2015 | By McCulloch & Miller, PLLC

There are several corners of your financial life that can be simplified through consolidation.

If you feel like your finances are all over the place and hard to manage, you just need to take a moment to de-clutter and get a system going. Also, it’s ok to ask for help!

A recent article in The Tahoe Daily Tribune’s, titled “Simplify your financial life,”provides some very helpful advice on de-cluttering and organizing your important information:

Estate Planning Isn’t Just for Older Adults

Published on: May 26, 2015 | By McCulloch & Miller, PLLC

"A lot of people think this is just about elderly parents, but it's a big issue for people with adult children away at school or on their own as an unmarried adult," said Carnick, president of Carnick & Kubik Personal Wealth Advisors. "Who's going to speak for them if they get in an accident?"

A recent Chicago Tribune article, titled “Checklist for updating, organizing estate planning documents,” reported some interesting survey results that show many adults are very unprepared and unaware when it comes to estate planning.

The Tribune reports that a new survey of 1,000 adults for www.caring.com shows these startling figures:

Inheritance: Later vs. Giving Now?

Published on: May 22, 2015 | By McCulloch & Miller, PLLC

Most of us don’t want to just enjoy our retirement and have enough money for old age, but to leave something behind as well. But what's the best way to do that? Should you leave an inheritance, or give your money away while you're still around?

Let’s take a look at the tax implications of both scenarios.

A recent MarketWatch article, titled “Why it’s better to give than to bequeath,”reminds us that with both gifts and inheritances, it’s the person giving the money who pays the tax. So, for example, if you give a gift or an inheritance to your children, they don’t pay taxes—it will be your estate that has the tax liability and must pay. However, there are huge tax differences between gifts and inheritances. The gift tax is exclusive: it’s on top of the gift.