Houston Estate Planning and Elder Law Attorney Blog

Houston Residents: What Can Happen If You Don’t Sign Your Will!

Published on: November 7, 2014 | By McCulloch & Miller, PLLC

The legal dispute surrounding the roughly $200 million estate of the late Charlotte developer Henry Faison has been resolved, with his company winning forgiveness of more than $100 million in loans he’d extended to it.

In this recent court case filed by Faison's sons, Jay and Lane, they asked the court to force Henry's company to allow the assets, including $105 million in loans extended by Faison, to pass to his foundation. The dispute centers on Henry's June 2000 will, which left the residuary of his estate to Faison Enterprises.

Will Battles Happen in New Zealand Too

Published on: November 6, 2014 | By McCulloch & Miller, PLLC

Although the vast majority of estates aren't contested, the more money that is at stake, the more incentive a family member has to try to get some of it.

Certain family issues in the United Staes are unique to our country. However, some people tend to have the same behaviors and problems everywhere in the world.

One example is the tendency of people to fight over a wealthy estate. Whenever there is enough money involved in an estate to make it worth fighting over, people who are not happy with a distribution plan tend to fight anywhere in the world.

Schemers Steal Property of Deceased Neighbor with No Heirs

Published on: November 5, 2014 | By McCulloch & Miller, PLLC

Six Philadelphia men forged, cheated and lied their way into collecting a dead woman's house and car, police said.

If no heirs exist and no estate plan determines where your estate should go, it must be up for grabs. Right? Well, no. But unfortunately for one woman's estate, this scenario was all too real.

In 2010, a Philadelphia widow named Dorothy Kennedy passed away. She did not have an estate plan or any known heirs. By law her property, including her house and car, should have become government property, assuming no heirs could ever be found. However, Kennedy's neighbor had other plans.

Art Once Stolen by Nazis Is Subject of Lawsuits

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

When Christie’s auctioned off Edgar Degas’s “Danseuses” for nearly $11 million in 2009, the catalog noted that the masterpiece was being sold as part of a restitution agreement with the “heirs of Ludwig and Margret Kainer,” German Jews whose vast art collection was seized by the Nazis in the years leading up to World War II. But now a dozen relatives of the Kainers are stepping forward to object.

If valuable art is stolen, but then recovered after the original owner passed away, who gets to claim it? And how long should the person or business who recovered the art look for the rightful heirs?

When the Nazis rose to power in Germany, the wealthy Jewish couple Ludwig and Margaret Kainer fled to France. They left behind a valuable art collection that included original Monets and Degas amongst other pieces. All of their valuables were confiscated by the Nazis. After the war and before any of that property could be recovered, the Kainers passed away. They had no children. The art ended up in the trust of Swiss Banks, which at least nominally transferred them to a foundation that had previously been set up by Mrs. Kainer's father.

Beneficiary Designations 101 for Houston Families

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

The decision about how to designate beneficiaries for your company retirement plan, life insurance policies, and other assets might seem like a no-brainer. Chances are you would like those near and dear to you to inherit any money you've accumulated during your lifetime, so making sure that happens should be as simple as writing their names on the appropriate forms, right? Not so fast.

Have you designated beneficiaries on the appropriate accounts? Are you sure you did it right?

A good estate plan uses a wide-variety of vehicles to distribute the estate. Today, that normally means that retirement accounts and life insurance are used to help quickly distribute assets to heirs after someone passes away. Because of this importance, you need to know how to go about designating beneficiaries to receive the assets.

Suspicions Arise When Doctor Is Added to Will

Published on: October 31, 2014 | By McCulloch & Miller, PLLC

Donna Spears, a longtime friend of centenarian Helen Schlesinger, claims in her Manhattan civil suit that New York-Presbyterian physician Dr. Lawson Moyer has broken the law by both treating the 470 Park Ave. resident and appointing himself as her power of attorney.

Can you trust your doctor with your will?

A recent article in The New York Post, titled "Doctor wrote himself into 102-year-old patient's will: suit," tells the story of a lawsuit recently filed in New York. Helen Schlesinger is 102 years old and has assets worth millions of dollars. In 2003, she wrote a will leaving the bulk of her estate to her friend, Donna Spears, and an unnamed family member. Spears has filed a lawsuit against Dr. Lawson Moyer. She alleges that after he began caring for Schlesinger, Moyer rewrote her will. The new will allegedly gives Spears only $25,000. It also leaves $100,000 to Moyer with the remainder to be distributed to charities.

Supreme Court Ruling Says IRAs Not Protected from Bankruptcy

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

As a result, financial advisers and families are taking steps to shield IRA assets for children and other beneficiaries in case those heirs ever find themselves in bankruptcy proceedings.

Is your IRA protected from creditors in the event of bankruptcy? Not anymore. Because of the recent unanimous high court decision, experts and families are taking steps to protect IRA assets for beneficiaries in the event those heirs declare bankruptcy.

A recent Wall Street Journalarticle, "Court Ruling Sparks Rush to Shield IRAs," finds that many advisers are urging clients to create a trust as the IRA’s beneficiary, or to set up an IRA as a trust account while the owner is still alive. Either way, the original owner has access to the money before he or she dies. Depending on the type and terms, trusts can shield assets (including an IRA) against creditors.

Pass the Pie: Use Holiday Time to Discuss Estate Planning

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

Thanksgiving weekend is a time to reflect, visit family, and of course, eat your fair share of pie. And while we may be thankful for the people and the wealth in our lives, not enough of us have planned to protect all that we have.

Pass the pie please! And not just the pumpkin pie. How about my slice of the Houston estate? Probably not something you'd really say at your Thanksgiving dinner, but maybe you should.

CBC News in Toronto recently cited a survey that 40 percent of Canadians aged 65 and older felt unprepared about their estate plan. It seems that our good friends to the north are unfortunately much like those of us here in the United States.

Are Online Estate Planning Forms Worth the Risk for Houston Families?

Published on: October 28, 2014 | By McCulloch & Miller, PLLC

The online forms you come across may or may not work. These forms tend to not be state specific which means your will may or may not be valid. If you are going to take the time to draft a will or any other estate planning document (which you should), you definitely want to ensure that it is valid. Visiting an attorney in your state will ensure that it is valid and properly executed so that your interests are protected.

Just like fixing up your house, there are jobs you can handle yourself and those that require the assistance of an expert.

A recent article in ABA Law Technology Today, titled "3 Reasons to Avoid Online Forms for Wills and Estate Planning,"points out some glaring problems with trying to DIY your estate plan.

Trustee, Co-Trustee … What Is the Best Houston Scenario?

Published on: October 27, 2014 | By McCulloch & Miller, PLLC

Whichever you select, consider ways you can structure the trustee’s duties and relationships to increase the probability of achieving your estate planning goals.

Selecting an executor or trustee of your estate plan is a very important decision that requires much thought. A recent Investing Daily article, titled "Making Your Most Important Decision," has some strategies to consider when selecting the financial fiduciaries for your estate.

The first is co-trustees. Both professional trustees and individual trustees each have advantages and disadvantages. You can try to get the best of both by naming co-trustees. There are different ways to structure a co-trusteeship, so ask your estate planning attorney about which way to go. Typically, the trust company could be the primary trustee. It would take care of the record-keeping, administration, and investments. Your trusted friend or family member serving as a co-trustee would have access to all the records, and he or she would be able to reviews them and spot any issues. The original article suggests giving the non-professional co-trustee the power to veto fees, investment decisions, and other key actions.