Houston Estate Planning and Elder Law Attorney Blog

Estate Planning Tips for Houston Widows

Published on: June 30, 2015 | By McCulloch & Miller, PLLC

For the last several decades, you’ve always made these kinds of decisions together. What can already be an emotional task of drafting a will is even more so after the loss of a lifelong partner. Even in the event of a terminal illness diagnosis with time to prepare in advance, Senior Vice President and Financial Advisor Cinda J. Collins of RBC Wealth Management often felt overwhelmed during the settlement of her husband’s estate after he passed away from leukemia.

While the best course of action is always to plan together ahead of time, Forbes published estate planning advice for surviving spouses in “The Widow's Guide To Estate Planning And Wealth Transfer.”

Make Sure You Have a Professionally Drafted Will. To be as prepared as possible in the event of a spouse’s passing, talk to an experienced estate attorney together as a couple to ensure all your affairs are in order. If a spouse passes away unexpectedly without planning, the surviving partner will have headaches.

Don’t Have a Will? Do You Know What Happens?

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

In some parts of the U.S., like West Virginia, without a will, your estate is first distributed according to your marital status and children, including those of previous marriages. However, if you have no spouse or children, you may want to pull out your family tree to see who could be in the running.

When there is no will in place, commonly in West Virginia, the current spouse of a married couple with or without one or more descendants receives the full estate. However, your spouse would receive only 60% of the estate if he or she had children with you and also a previous marriage. Your children would then receive the remaining 40% of the estate. But if you were the spouse with kids from a previous marriage(s), then all your children will inherit one-half of your estate, and the other half to your current spouse.

Confused yet? That’s what The (Huntington, WV) Herald-Dispatch asks us in its recent article titled “Planning ahead: What happens if you don't have a will.”

New Laws Possible for Adult Chidren Visitation Rights

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

Can you imagine not being notified if your parent had been injured, fell ill or had even passed away? With a recently increasing occurrence across the country, state representatives are proposing changes to ensure children have visitation rights to ailing parents.

Fox News shared Catherine Falk’s story in an article titled“'Columbo' daughter pushes for bill that protects the right to visit sick parents.” The daughter of Peter Falk, a five-time Emmy Award winner as Lt. Columbo, laughs as she recalls memories about her funny father, like forgetting about Christmas presents they had given him after he had put them in the trunk of his car, only to find them all there still the next year. But when he got sick, it was no laughing matter. Catherine claims she was kept out of the details of her father’s condition, including being able to see or talk to him. Thousands of adult children in America are finding themselves going through a similar experience.

In Falk’s case, she and her stepmother were locked in a court battle over conservatorship and access to Peter for years. In 2008, he became completely incapacitated from his advanced dementia. Catherine then decided to create the Catherine Falk Organization, which advocates for the rights of adult children to see their sick parents.

6 Tips to Ease Stress for Houston Caregivers

Published on: June 25, 2015 | By McCulloch & Miller, PLLC

Here are six suggestions to help prepare for some of the most common stressful situations that can occur during elder care.

The role of an elder caregiver is not an easy one, and many Houston seniors find themselves taking on this role without any preparation.

A recent Forbes article, “6 Things Caregivers Must Do While There's Still Time,” explains that many family caregivers are part of what’s called “the sandwich generation.” They’ve just stopped caring for their own kids and now have to start to care for parents or older relatives.

Can You Navigate the Medicare Maze?

Published on: June 24, 2015 | By McCulloch & Miller, PLLC

"If you get a claim denial, always contact your doctor or hospital to see if they can help you through the appeal," said Shirley Whitenack, president of the National Academy of Elder Law Attorneys and a partner with law firm Schenck, Price, Smith & King.

Larry Tocco retired last year from a job in the collections department of a credit union. After some medical treatment, he started receiving past-due notices from health care providers after his claims on a Medicare plan weren't paid. After several frustrating phone calls, Larry learned he was still on the active employee roll of the health insurance plan covering his former employer. As a result, his Medicare plan was considered secondary coverage.

A benefits manager from the credit union told him they sent the retirement paperwork, but the representatives with the Medicare provider said they didn't get it.

Have You Planned for Your Digital Estate?

Published on: June 23, 2015 | By McCulloch & Miller, PLLC

Portland attorney Victoria Blachly said people can avoid the personal, financial and in some cases legal headaches that come with losing access to their online accounts by creating a Virtual Asset Instruction Letter where they list their online accounts, the passwords they use to access each one, and instructions explaining what, if anything, should be done with the content each account holds.

What happens to all of your online accounts when you die? Will your loved ones be able to access them? If so, what should they do with those accounts? There is much to think about when it comes to your digital estate planning.

An article from The (Bend OR) Bulletin, “Estate planning in a digital world,”says that you can avoid personal, financial, and legal headaches by creating a Virtual Asset Instruction Letter.

Women Have Important Estate Planning Considerations to Address

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

In the absence of a well-crafted estate plan, women can be affected more often and more directly than men. According to www.forbes.com, women live longer than men, on average, and tend to marry older spouses; this makes women three times more likely as men to be widowed at age 65.

With women commonly living longer than their male spouses, it is essential for women to have their financial and estate plans in order.

Northwest Herald’s article, “Home State Bank Emphasizes Estate Planning For Women,”says that a key aspect of estate planning is designating someone you trust to act on your behalf in financial and legal matters in the event you can't (even temporarily) due to illness or disability. Designate this person in a durable power of attorney.

Wisconsin’s Northland College Receives $200K from Local Bar Owner

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

A bar owner who never attended college has left $200,000 to the alma mater of her best customers. Ida F. Meyer of Lake Placid, Fla., died March 22 at 103 years of age. “I might as well give it back to the College,” she told her attorney Michael A. Rider, during her estate planning. “Those kids were good to us.”

A Northland News article, “Former bar owner bequests $200,000 to Northland College,”reported how students from that era remember a fastidious, kind couple who didn’t tolerate loud or obnoxious behavior. They ate foot-long hotdogs and brick cheese sandwiches on rye bread, and drank dime taps. They played hits on the jukebox.

Cabbie’s is credited with many chance meetings, first dates and long-lasting marriages. “I met my sweet wife of 48 years in the fall of 1964 on a Friday night at Cabbie’s,” said Northland College alumnus Tom Bogess in the article.

Dr. Marcia Levetown Communication Solution

Published on: June 18, 2015 | By McCulloch & Miller, PLLC

We have recently learned about an exciting new service that we believe may help assist clients in bridging the gap between the circles of care, as we noted in yesterday's blog.

Marcia Levetown, M.D. has recently formed HealthCare Communication Associates^[^1]. Her mission is to lessen the confusion, anxiety and risks associated with chronic and/or severe illness and to help enhance the quality of life for both clients and their loved ones. HealthCare Communication Associates' clients benefit from having full, personal attention focused on their well-being.

HCA is the ultimate second opinion, offered by competent medical professionals on a one-to-one basis, with client-focused information and communication tailored to the clients' and families' needs.

It’s True! Old Age Isn’t For Sissies!

Published on: June 17, 2015 | By McCulloch & Miller, PLLC

Why is getting older so difficult? No one expects to be impaired or disabled — we are a hopeful species!

Why is it so difficult to get comprehensive advice about effective aging strategies to better protect yourself and your loved ones? In many cases, because the answers do not live within only one specialized knowledge base. In dealing with the care of aging parents or other loved ones, there are three realms of concern at play, which operate in interlocking circles: Health; Finance and Legal.

Each of the three circles represents one of the emerging needs of older Americans best addressed by elder-centric professionals. We suggest that professionals within the health care, financial and legal worlds work together to provide a seamless and proactive approach to managing age-related concerns, such as chronic illness and related hardships. As professionals, we can still respect the attorney-client privilege, guard personal health information, and help maintain an elder's dignity and independence.