Houston Estate Planning and Elder Law Attorney Blog

Disinheritance is a Sticky Situation

Published on: July 11, 2014 | By McCulloch & Miller, PLLC

Lawyers for Mr. Cohen say that he was entrusted with his father’s business, and that the two men enjoyed a close and caring relationship. But lawyers for Ms. Perelman claimed that it was that closeness that allowed Mr. Cohen, who eventually took over operations of Hudson Media, to manipulate the ailing man into changing his will.

Even when there are good reasons for leaving everything to one child, disinherited children will often choose to fight in court. Most people attempt to leave all of their children an equal proportion of their assets. That is not always easy to do. If the majority of assets are tied up in a business, for example, then it may be prudent to leave the business to the child who is active in the business. Just be ready for a fight if this decision is done late in life.

A recent article in The New York Times, titled “In Inheritance Battle, Judge Sides Against Perelmans,” reported on a legal dispute over the estate of billionaire Robert Cohen.

Financial Tips from a State Treasurer

Published on: July 10, 2014 | By McCulloch & Miller, PLLC

From checking Unclaimed Property to setting up automatic bill payments, here are some simple tips each of us can use to keep our finances organized this year.

Although you may not live in Missouri and it may not be "spring cleaning" season, Missouri State Treasurer Clint Zweifel offered sound financial advice in a column from The South County Mail entitled"Spring cleaning? Don’t forget your finances." Mr. Zweifel has some "simple tips" on estate planning and taking care of money that you can do any time of the year.

For Texans, Susan Combs serves as the Texas Comptroller of Public Accounts. The Comptroller's office features a robust website that outlines the state's financial state and offers resources for residents, along with "Unclaimed Property" listings.

Houston Families: Leave an Inheritance or Give to Charity ?

Published on: July 9, 2014 | By McCulloch & Miller, PLLC

Is inherited wealth making a comeback?

Is leaving an inheritance a good or bad idea? Well, it all depends on who you ask. For example, a recently published book by French economist Thomas Piketty, “Capital in the Twenty-First Century,” argues that estates are getting larger and eventually most of the money in the world will be tied up in huge estates. The argument is that this is bad. Why? Because the wealthiest people will have done nothing to earn the wealth themselves and much of the money will never be spent. Consequently, the money will just accumulate in estates and remain outside the greater economy.

Not all economists see this as a necessarily bad thing. In a recent article in The New York Times titled “How Inherited Wealth Helps the Economy,” Harvard Professor N. Gregory Mankiw explains how those who save their money and leave an estate to their heirs actually induce a redistribution of wealth from the owners of capital to workers. He states, “Because capital is subject to diminishing returns, an increase in its supply causes each unit of capital to earn less. And because increased capital raises labor productivity, workers enjoy higher wages.”

Doctors Need to Know: Who is the Decision-Maker?

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

“What about the wife?” the social worker asked.

How could we have missed this most basic and vital piece of information? It’s easier than you might think. The sister didn’t get along with the wife and apparently wasn’t moved to tell us of her existence. The social worker had been out sick, and his replacement assumed that we knew. And we had a concerned sibling at the bedside who fulfilled our mental checkbox for who makes an acceptable surrogate decision-maker.

While doctors are dealing with the medical issues during end-of-life situations, they have a harder time thinking about the personal wishes of their patients. It's best to have a plan in place and someone to communicate those wishes to the doctor in charge.

Estate Tax Liabilities and Life Insurance for Houston Families

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

“While there are a number of ways to address estate tax liabilities and retirement savings distinctly, developments in the life insurance arena are providing new and potentially better options. These strategies are highly versatile to meet the evolving needs of the individual many years into the future.”

As those in business well know, there are really only two ways to deal with a potential business liability: proper planning and execution on the one hand, and proper use of insurance on the other. Many find both approaches can also work in tandem to effectively achieve their estate planning and retirement goals.

The use of insurance to deal with an estate tax liability inevitably brings us to the topic of life insurance. In fact, an interesting approach was advocated recently in a Forbes article titled “Life Insurance For Estate Taxes And Retirement.” Why life insurance? Well, while the fundamental risk life insurance is meant to resolve is the loss of income upon the death of a breadwinner, it can cure the problem of illiquidity when estate taxes are due. That is especially helpful if real estate or other illiquid assets are what is driving your estate to taxation in the first place.

Inheritance “Bugs” at the Smithsonian

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

Carl J Drake spent his life studying bugs, everything from aphids to water striders. When he died in 1965, the entomologist left his life savings and his vast insect collection to the Smithsonian. But now Drake's will has become something of a pest.

The case of the Smithsonian Museum and the entomologist Carl J Drake, as relayed in a recent article in the Guardian titled “Smithsonian Museum is bugging out over insect inheritance,” provides an example of how a gift of charity can actually be a gift of a burden to your institution of choice without the proper plans in place.

Most museums across the globe, including many Houston museums, really only start out and build their vast collections through the largesse of charitable donors. The Smithsonian is no stranger to gifts of the strangest collections with the most peculiar needs and various limiting conditions. That said, Drake’s bug collection is beginning to bug them. The Museum is actually petitioning the courts in an attempt to modify the gift.

Houstonians Can Plan Short-Term and Long-Term for Business Succession

Published on: July 2, 2014 | By McCulloch & Miller, PLLC

Succession planning where company ownership is concerned can be fairly complicated, but at a simple level every plan is based on two basic issues. You’ve probably thought a lot about who will take over for you; that’s one. But, just as importantly, how can you make sure what you want to happen will happen? Without the right short- and long-term plans in place, it won’t.

Business succession planning focuses on two main concerns. On the one hand, what will happen way down the line when you're ready to give up the business? And, on the other hand, what will happen to the family business if you pass away tonight?

What is needed is a tiered approach as explored in a recent Forbes article titled “Don't Let Your Family Business Die With You.” This may require both short-term plans and long-term plans.

How Do You Value a Priceless Yet Worthless Object?

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

New rules and enforcement guidelines may render certain artwork not only illegal to export or import, but also unsalable within the United States. Houston is a very international city and residents have traveled the world, returning with valuable artwork.

Valuing artwork is never an easy task. It gets all the more tricky with antiques composed of protected materials which cannot be legally sold, particularly ivory. How do you value a priceless yet worthless object?

The problem of valuation is not a new one, but it has taken some serious turns as of late. There is a helpful guide to the whole ordeal in a recent WealthManagement article titled “Zero Fair Market Value for Antiques?”

Art Valuation Vexation – The Taxman’s Test

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

The tax law makes clear that the taxpayer has the burden of substantiating the value of the property. To this end, a taxpayer must not only comply with the procedural requirements for valuation, but must also persuade the trier of fact that his claimed valuation is correct.

How do you place a value on art? There is the subjective eye of the beholder that gauges the beauty of the art, and then there is the no less subjective eye of the market, the appraiser and/or the taxman. Be sure to properly plan for your artworks and ensure that they are appropriately (if usefully) valued, as seen through the eyes of the taxman.

The issue of valuation is always the issue at stake when it comes to taxes – be it with regard to real property, stocks, or something as mercurial as an easement – but with art there is both a special importance and a special irony. After all, art is only truly valuable when it is priceless, in one sense, but there is nothing that is priceless on the market.

Don’t Let an Inheritance Come Between Your Houston Family

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

Everyone knows someone who hardly speaks to his brother or sister or aunt simply because of a misunderstanding over an inheritance.

Inheritance planning can be a direct mode of expression, whether of appreciation for a person or an extolling of virtues. But can these expressions be taken the wrong way depending upon who gets what? As a family-loving person, you can express yourself far more subtly by ensuring that your heirs and the entire family can come together even after your passing and that no fight is to break out with regard to the inheritances you leave.

Estate planning for the entire family is a difficult balancing act. It can take a good deal of thought, but is well worth the effort. Forbes recently offered a bit of wisdom on the topic and a goal too: “How To Make Sure Your Children Keep Speaking To Each Other After You Die.”