Houston Estate Planning and Elder Law Attorney Blog

Is An Inheritance An Initiative Sucker for Houston Heirs?

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

“I don’t believe in inheriting money,” CNN host Anderson Cooper recently told Howard Stern on Stern’s radio show. Added Cooper, a son of designer and heiress Gloria Vanderbilt: “I think it’s an initiative sucker. I think it’s a curse.”

American attitudes toward inheritance seem to be shifting, partly by fiscal necessity in the wake of a global financial recession and partly a shift in values or beliefs.

Forbes explored the difficult and interesting subject a short time ago in the article titled “What Kind Of Inheritance Do You Owe Your Kids?”

Eight Go-To Estate Planning Documents for Houston Residents

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

Many of us want to get going but don't know where to start. So, here are eight documents that can help you get your affairs in order. If that sounds like a lot of paperwork, don't worry: You probably won't need every one of them.

A properly planned and executed estate plan will have a few key elements and a number of important documents. So how many pieces is your plan all together? It depends upon your own estate. Regardless of your unique estate, it’s helpful to start with a basic list of documents.

There are a great number of little estate planning lists out there, and a dozen ways to list the documents you might need. That noted, MSN Money provided a helpful guide not too long ago with a helpful list of eight titled “Estate-Planning Documents You Need Right Now.”

Foundation Renovation: Donor-Advised Funds

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

[Donor-advised funds] promise a number of advantages over foundations, such as lower annual costs, more privacy and no required minimum payout each year. A big difference between the two is control.

Running a charitable foundation can be richly rewarding, yet exhausting. Now there is a popular alternative to a full foundation and a move to collapse back into what is known as a donor-advised fund.

If you or your family run a charitable foundation and are considering this alternative, The Wall Street Journal had a few points to consider in a recent article titled “Risks to Consider With Donor-Advised Funds.”

Houston Families and Spousal IRA Heirships

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

A spouse who inherits an IRA has a choice. The surviving spouse can move the account into an inherited IRA to keep the tax shelter. Or she can choose to roll the account into her own IRA.

There are some unique rules that go into effect when an IRA is bequeathed and inherited. If a spouse is inheriting the IRA, they have extra leeway that’s worth putting to good use.

The sorts of things an IRA inheriting spouse ought to think about don’t make the headlines quite as often. However, DailyFinance offered a helpful guide a short time ago in an article titled “When A Spouse Inherits An IRA.”

Estate Planning No-No’s for Houston Families

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

If you wish to ensure that your estate does not fall prey to predators, creditors or taxes, keep reading to be sure you're not committing the five cardinal sins of estate planning.

Just as it's important to know what to do, it's vital to know what NOT to do. Take estate planning for example. It takes a great deal of training to know what to do to best plan and structure an estate plan. That’s why you consult competent and experienced legal counsel. And knowing what NOT to do is part of that planning.

Maybe you’ve yet to start and maybe you’ve been working with an estate planning attorney for some time and piecing together some foolhardy designs. Either way there are some basic types of blunders that can befall anyone not wary enough to look for them.

The Houston Family Home Hand-Off

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

What follows are issues to consider, and, in those rare cases where a transfer can make sense, how to do it the right way.

Are you thinking about handing over the family home to your loved ones early? Proceed with caution. Although the hand-off can be a blessing to some, there are consequences you should consider before passing on the house keys.

This challenge was the subject of recent article in The Wall Street Journal titled the “Dangers of Giving Your Home to Your Children.”

There’s Nothing Easy about Easement Valuations in Houston

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

Generally the best way to value things is by looking at what similar things sell for. There is not a lot of buying and selling of facade easements. So what you do is value the property as it is and then value it as encumbered by the easement. If you can’t find sales of similar properties both with and without the easement, it all becomes rather hypothetical.

Proving the value of something is not easy. It's hard enough when you are trying to value tangible items, but what about those intangibles? A particular intangible, non-market benefit of great importance has become all the harder to prove: the easement valuation.

The developing trend against easement valuations was pointed out in a recent Forbes article titled “Easement Valuations Not So Easy Anymore.” If you have any possible interest in leaving an easement then it’s a problem well worth your planning attention.

Downsides of Reverse Mortgages for Houston Families

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

Reverse mortgages, which allow homeowners 62 and older to borrow money against the value of their homes that need not be paid back until they move out or die, have long posed pitfalls for older borrowers.

Although a reverse mortgage has some advantages, such as offering a means of cash to make ends meet, the financial community has been quick to point out that there are also some serious pitfalls to these mortgages.

The biggest drawback to bear in mind is that your heirs and loved ones may bear the brunt of the burden when it comes to those drawbacks. It is important to know how reverse mortgages work before you sign up for them. While you are at it, make you’re your heirs and other inheritors know what to expect.

Adult Day Cares Reduce the Care Giving Burden for Houston Families

Published on: April 25, 2014 | By McCulloch & Miller, PLLC

Adult day care centers provide care and companionship in a group setting to seniors who need supervision during the day, allowing their caregivers to go to work or take a much-needed break.

The balancing act of caring for an elderly loved one can be difficult, expensive and exhausting. You want to ensure they receive the care they need, yet at times you may feel overwhelmed.

Elder care options are often appreciated and one intermediary option was recently covered in an ElderLawAnswers post titled “Adult Day Care: Providing a Break for Caregivers.”

Houstonians May Note Increase in Charity Spend-Downs

Published on: April 24, 2014 | By McCulloch & Miller, PLLC

About 50 years ago, only 5% of the total assets of America's largest 50 foundations were held by spend-downs. In 2010, that number had risen to 24%, according to Bridgespan Group in Boston.

Today's charitable foundations seem to be shifting from maintenance for longevity to spending down and winding up.

This trend was identified in a recent article in The Wall Street Journal titled “The Rise of Spend-Down Philanthropy.” The hard numbers in the article come from an analysis by the Bridgespan Group which found a marked jump in spend-downs. As reported there, “About 50 years ago, only 5% of the total assets of America's largest 50 foundations were held by spend-downs. In 2010, that number had risen to 24%, according to Bridgespan Group in Boston.”