Houston Estate Planning and Elder Law Attorney Blog

If You Can Dream It, You Can Do It in Houston…Unless the Trustee Says No

Published on: August 8, 2014 | By McCulloch & Miller, PLLC

Your plan is only as good as the people who implement it. When they aren’t competent, don’t pay attention to details, or decide to pursue their own interests, disaster can ensue. The latest case involves the Walt Disney estate.

"If you can dream it, you can do it." Walt Disney shared great inspiration with the world, and no doubt with his own family. But ever since Disney passed away in 1966, problems with his estate plan have continued to mount.

At issue is a trust he left for his grandchildren. The trust itself is fairly standard in that trust principal was to be distributed to the grandchildren in stages. For one grandchild, everything went according to plan. However, for the other two, problems have arisen.

Samsung Chairman’s Estate Sparks Tax Questions for Houston Families

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

Lee is a legendary figure in South Korea as the man who turned Samsung Electronics into a powerful conglomerate. He is also the country's richest man with an estimated net worth of US$11.4 billion. Under Korean inheritance law, an heir will have to pay 50 percent in tax when inheriting such wealth, indicating an inheritance tax bill of some US$6 billion.

Estate problems are on the horizon for Samsung Chairman Lee Kun Hee's heirs. Lee suffered a major heart attack three months ago and has been in the hospital ever since. It does not appear he will live for much longer. Hee's estate is believed to be worth approximately $12 billion. As China Topixpoints out, in an article titled “Samsung Heirs Could Pay a Massive US $6 Billion Inheritance Tax,” under South Korean law the estate will have to give half of the estate to the government. The family could avoid some of this tax burden by placing the money in a foundation, but that would mean giving up some control of the assets.

It is unclear whether Lee could have avoided this through estate planning before his heart attack. It is possible that South Korea has laws and vehicles that could be used to more effectively keep wealth in the family as opposed to giving it to the government. In the United States, if a wealthy person does nothing, then their family might not be much better off than Lee's. The government will not necessarily take half of the wealth, but a significant portion of the estate will be lost, as much as 40% in some cases.

Houston Families: New Developments in Digital Estate Planning

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

Last week, the Uniform Law Commission drafted the Uniform Fiduciary Access to Digital Assets Act, a model law that would let relatives access the social media accounts of the deceased.

Digital estate planning has become a hot button issue in estate planning and technology law. What exactly happens to our digital accounts after we pass away? It depends. Currently, most states do not have laws that would grant executors or others access to digital accounts. This means that access is determined by the terms and conditions and privacy policies of the technology companies that operate the websites the accounts are on. This has caused headaches for many families attempting to wrap up a loved one's digital affairs.

The Uniform Law Commission has come up with a plan called the Uniform Fiduciary Access to Digital Assets Act that, if adopted by the states, would end this problem. However as National Public Radiopoints out, in “A Plan To Untangle Our Digital Lives After We're Gone,” the idea is not popular with all technology companies. The Commission states that its proposal would give an executor access to accounts in the same way that a family has access to real world items, such as photographs and letters. However, technology companies say the proposal could create privacy concerns for third parties as their communications with the deceased would be accessible.

Houston Heirs vs. Credit Card Debt: Who Gets Paid First?

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

When people die, their assets (cash, real property, investments, savings, car and so on) become the property of their estates. And each estate is obliged to pay all debts, costs, taxes and other liabilities due before it distributes what's left over, according to the deceased's wishes, to the beneficiary or beneficiaries.

Credit card debt is no stranger to the American family. In fact, it's no longer surprising to find out that someone has more credit card debt than assets. But how does that impact one's estate? Unfortunately, credit card debt does not automatically disappear when the debtor passes away. It still needs to be paid by the estate if possible.

The Deseret News discusses the different possibilities in a story titled “What Happens to Credit Card Debt When Someone Dies?” Basically, any credit card debt will have to be paid out of any assets the estate has. The debt must be paid before any heirs can inherit. The good news is that in most cases no one will inherit the debt. If there are not enough assets in the estate to pay the debt, then in essence the debt ceases to exist. However, there are some exceptions. In community property states, a surviving spouse will be responsible for any unpaid credit card debt. A joint owner of the credit card account would also still be responsible for paying off any remaining debt in the account.

Humorous Take on Newsworthy Estate Planning Topics

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

Income inequality and the estate tax continue to be hot button issues in American politics and culture. Americans have a wide array of opinions about these two linked topics. Comedian John Oliver recently gave his humorous thoughts on them.

More and more Americans, especially younger Americans, want to be entertained when they are listening to the news. They often look to comedians, such as Jon Stewart and Stephen Colbert, for the lowdown on hot topics. One new television show in this category is HBO's Last Week Tonight hosted by John Oliver.

A recent Los Angeles Timesarticle titled “John Oliver Tackles Income Inequality on 'Last Week Tonight'” describes a recent Oliver show that tackled the estate tax and income inequality. Oliver suggested during the show that whether a viewer would agree with his opinions depended on whether they subscribed to HBO or watched his show by getting it illegally. The implication was that people who were wealthy enough to afford HBO would have one opinion and those who were not would have another opinion. Oliver later went on to compare the American promise to a lottery system where the already rich get multiple fantastic opportunities to win and the poor cannot even get a draw because the machine is broken.

Do Houston Residents Need Revocable Living Trusts?

Published on: August 1, 2014 | By McCulloch & Miller, PLLC

Every so often, a client will come in and announce that he or she needs a revocable trust. Typically the request stems from something the client has read in a book or article, or perhaps advice from a neighbor or friend. Of course, not everyone needs a revocable trust …

As revocable living trusts continue in popularity, many first-timers think that is the solution to their estate planning needs. Usually a friend or family member who has a trust will suggest it, or they may have read articles online suggesting everyone needs to have a revocable living trust. Being new to the estate planning world, they assume this is something they need too. The truth is that revocable living trusts are designed for particular estate planning situations. They are not necessary in every situation.

A recent article in Financial Planning titled “Does Your Client Need a Revocable Trust?” considered common situations that might call for a revocable living trust. The list includes:

Philip Seymour Hoffman’s Estate Goes to Girlfriend, Not Kids

Published on: August 1, 2014 | By McCulloch & Miller, PLLC

Philip Seymour Hoffman did everything in his power to make sure his children were "normal."

When the Capote actor died of a heroin overdose in February, he left the bulk of his estate to his partner, Mimi O'Donnell, and added the unusual request that their offspring be raised outside of Los Angeles. According to his accountant, David Friedman, these decisions were made to keep his children from becoming trust fund kids.

After the tragic passing of Philip Seymour Hoffman in February, he left behind three minor children and a long-time girlfriend. Since he wasn't married, you may assume he would have left his estate to his kids. We now know from court papers that Hoffman did not leave his estate to his children. Instead, the majority of his estate was left to the girlfriend. A trust was created for one of his children, but money from the trust can only be used to pay for education, support, health, and maintenance.

College Assistance from Grandpa and Grandma

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

Many grandparents want to help their grandchildren pay for college, but don't know the best ways to do that. Financial advisers who can show them how to make those contributions and reap financial advantages for themselves can shine.

Many families struggle enough to meet their current needs that they just do not have enough to pay for their children's college education. And with the costs of college education increasing year after year, it is almost impossible for students to make enough to pay for it with part-time jobs. Consequently, grandparents are starting to look into ways to help pay for their grandchildren's college education. They have already earned their wealth and are in a better position than the parents to pay for school.

A recent Reuters article examined how grandparents can pay for their grandchildren's college education while getting a tax benefit for themselves. The article, titled “YOUR PRACTICE-Selling grandparents on the perks of 529 college savings plans,”suggests a 529 college savings plan. This unique account can be used to contribute more than the yearly gift tax exemption into an account that a grandchild can later use for educational expenses. The accounts are not perfect as they could make a grandchild ineligible for financial aid.

A Qualified Personal Residence Trust: Take a Note from the Clintons!

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

Even with its funny name, a QPRT can save you hundreds of thousands of dollars in estate taxes after your death for your Houston family. Let's take a closer look at what the Clintons did and whether the same strategy could help you.

While QPRTs are complicated trusts, the basics of what they do and why are easy to understand.

If you are considering this trust as part of your plan, take a note from Bill and Hillary Clinton. The Clintons used a qualified personal residence trust as part of their own estate tax planning.

The World Knows All About Lou Reed’s Estate – Do You Want the Same Exposure in Houston?

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

If Lou Reed had used a revocable living trust, and transferred his assets into the trust during his life, then all of this information would have been kept private. No one would know how much he had, whom he left it to, or how much his executors were charging.

When a celebrity passes away, reporters scramble to find out how much money the celebrity had and how it will be distributed. But how exactly are they getting the information? Is it in-depth investigative journalism … or a common estate planning mistake?

Recently, the New York Post has had story after story about the specific details of Lou Reed's estate plan. We know how much he had when he passed away. We know how much money his intellectual property interests have earned for his estate since he passed away. We also know how much money each of Reed's heirs will receive. How do we know so much?