Houston Estate Planning and Elder Law Attorney Blog

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.

Have You Selected the Guardian of Your Minor Children?

Published on: May 21, 2015 | By McCulloch & Miller, PLLC

No will? If you are married with young children and both parents die who becomes the children’s guardian will be up to the state’s court system.

If you do not have a will, Texas estate laws and the probate judge may decide who will get your assets if you die. And if you are married with young children and both you and your spouse pass at the same time, the judge also gets to decide who will be the children’s guardian. It’s that simple, says a post on the CBS Boston website titled, “Estate Planning For All.”

Think about that.

South Texas’ “Godfather of Movies” Still Making Headlines in Contested Will

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

Rubin Frels is considered by some as the "godfather of movies in South Texas." Although he has been dead for almost a year, the prominent Victoria businessman's estate is still being legally contested by two of his longtime associates, Brad Richards and Gary Dunnam.

The Victoria (TX) Advocate has reported all of the details in its article titled“Prominent Victoria businessman's will contested.”

Dunnam, who knew Frels since at least 1971, says the 2001 will is valid. He also claimed Richards, who was Frels' partner of 15 years, isolated Frels from his friends.

Law Enforcement Offices Join in Fight Against Elder Abuse

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

The Long Term Care Special Prosecutions Unit was created one-year ago and since then, special agents have opened 113-cases, filing five felony charges since last summer. San Diego families in search of quality care are now getting more allies in the fight against elder abuse.

As abuse against seniors is on the rise, the need for elder abuse resources is crucial to fight the mistreatment of our loved ones. We hope Houston-area enforcement agencies follow the lead established in San Diego County.

"Elder abuse is one of those areas that is under reported for a lot of reasons and we've shined a spot light on it here in San Diego County," District Attorney Bonnie Dumanis told sandiego6.com in a recent post titled “D.A. launches new resource to combat elder abuse.”

5 Estate Planning Must-Haves for Houston Singles

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

"Everyone of majority age needs at the least a will, a health care directive and a named power of attorney," says Mike Sena, a certified financial planner with White Street Advisors, a money management firm. "The express purpose of estate planning is to make things as easy, as inexpensive and as simple as required for loved ones, friends and associates left behind. Every situation, every life is unique and some of us need more than others when it comes to estate planning."

Say that again. Everyone needs estate planning? Even singles?

You got it. But what estate planning items do Houston singles need the most?

Tips for Leaving an Inheritance for Houston Families

Published on: May 15, 2015 | By McCulloch & Miller, PLLC

Few people get excited about doing estate planning, even though they might recognize the importance of leaving a legacy for their children and grandchildren. If you want to be smart about making gifts to your loved ones, though, there are some things you should consider before just writing a check.

When leaving a legacy to your Houston heirs, you want to do it the right way. It’s always best to consult with the pros on important estate planning matters.

A recent article from The Motley Fool, titled “Thinking of Gifting an Inheritance to Your Grandchildren? Keep These 3 Things in Mind,” asks some of their experts for estate planning tips. Here are some of their answers:

Think You’ll Live to Celebrate 100? Planning for Medical Care is a Must!

Published on: May 14, 2015 | By McCulloch & Miller, PLLC

We understand people are living longer and many live into their 90s. More than 25 percent of seniors living at home receive help with day-to-day living activities. Ten percent of seniors older than age of 80 live in a long-term care facility. Have you made prudent plans for longer living?

Medical issues associated with aging are most apt to be the reason life gets expensive during your later years. It’s very useful to look forward and understand the types of medical issues that could happen down the road. That’s the advice from a recent article in the Oakville (ONT) Beaver titled“Living in your later years can be expensive – plan ahead.”Americans, just like our friends to the north, need to better understand how to plan for the future. This article gave some interesting perspectives on the aging process. Here are some facts:

People are living longer and many live into their 90s.

Houston Families Can Follow Guidelines for Children’s Guardians

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

Without a formal direction, your wishes must be interpreted and your estate must be settled by a probate court judge. The process is expensive and encourages disputes. But divvying up wealth is a whole lot easier than handing your children off to the state to determine where they go and how their care will be paid for. Just imagine the two grandmothers fighting over custody of your children?

For many young parents death seems like a long ways away. Regardless of how one feels, Houston parents of all ages should have their affairs in order—including guardianship. New Hampshire Magazine’s May 2015 issue addresses this issue and offers sound advice through an article titled “Don't put off writing down your last words.”

If you just can’t decide on a guardian, you should still move ahead with your estate planning. It is better to have this issue undecided than to die without a will. That said, the article suggests that it’s a good idea to nominate two people. That way you have one to be the guardian of the children and a second to be a trustee of the funds dedicated to their care.

Team Houston: Who Are Your Estate Planning Team Mates?

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

If a Loved One or you have an estate plan, or even part of one, then some team members already are on board via the planning process and likely are actively serving or are nominated in the documents. They can have roles in the testamentary will, trusts, business purchase agreement, powers of attorney, medical directives or any of the other estate-planning instruments created during life.

Some team members are fee-based professionals, while others can be volunteers. In many instances, not all of the specialties will be required. Your estate planning team should consist of the combination of members that best suits your situation.

The Myrtle Beach (FL) Sun News recently published an article titled “Assembling your team for estate management”which reminds us that one person or a firm can serve in more than one fiduciary or team-member role.