Houston Estate Planning and Elder Law Attorney Blog

Lifetime Gift Exclusion And Recent Surge In Gifting In Houston

Published on: February 13, 2014 | By McCulloch & Miller, PLLC

The law created a chance for wealthy families to move assets out of their estates and let their heirs benefit from any appreciation in value, said Lisa Featherngill, a managing director at Abbot Downing, a wealth-management unit of Wells Fargo & Co.

According to official numbers recently released by the IRS, U.S. taxpayers transferred $122 billion in non-taxable gifts in 2012. To put that number in perspective, it is quadruple the tax-free gift giving of 2011 and 2012 combined.

This wealth transfer tsunami was the subject of a recent Bloomberg article titled “Tax-Free Gifts Quadrupled in U.S. After IRS Limit Lifted.”

Admitted Vs. Observation: Awareness Of Medicare’s Coverage in Houston

Published on: February 12, 2014 | By McCulloch & Miller, PLLC

If you or a family member land in the hospital as an observation patient and think you should be admitted, it’s better to act sooner than later.

When it comes to whether or not care is covered by Medicare, the distinction between being "admitted" or just "under observation" is critical. This is especially important when it comes to whether your elderly loved one will have nursing home coverage after discharge from the hospital.

Understanding the meaning of observation status is essential. Once you do, then you will need to learn all the administrative tricks, twists and turns – and, yes, even to know how to fight it.

Are You Making Plans For Your Digital Estate, Houston?

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

Without a plan in place, you risk burying your family in red tape as they try to get access to and deal with your online accounts that may have sentimental, practical or monetary value.

Just when you think you've covered all your bases when planning for your estate, the issue of your digital accounts comes up. Yes, all of your online accounts need to be considered too. Have you made proper arrangements for them?

The problem of the digital estate is an entirely 21^st century problem. Thankfully, more information is coming to light about the consequences of failing to make plans for digital assets. If this is a new subject matter for you, then you will want to read a recent MarketWatch article titled “Who gets your digital fortune when you die?”

Protect Your Beloved Pet With A “Pet Trust” in Houston

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

"Pet trusts aren't just for the wealthy," says Frances Carlisle, a trust and estates attorney in New York. For most pet owners, she adds, the goal "is to make sure a plan exists for the care of the animal."

Do you own a pet? It seems as though more and more people are taking in pets these days. In fact, from 2010 to 2012, the number of pet-owning households increased from 62% to 68%. Consequently, more pet owners are taking their beloved pets into consideration when it comes to their estate plans.

Maybe you have heard the term “pet trust” before. Even if you have, The Wall Street Journal has provided the latest information on planning for your pet and some noteworthy statistics in a recent article titled “More Americans Are Writing Their Pets Into Their Wills.”

When Can Houstonians Use An Estate Tax “Portability” Exemption?

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

Just when is the DSUE [Deceased Spouse Unused Exemption] available to a surviving spouse or the estate of a surviving spouse for use in determining the surviving spouse’s applicable exclusion amount?

It can be very challenging to stay on top of federal estate tax law changes. For instance, experts and taxpayers alike are grappling with the ins and outs of “portability.” How and when can it be used?

The temporary regulations governing portability are now on the books. While there is some guidance regarding how a “Deceased Spouse Unused Exemption” (DSUE) actually works, a recent Forbes article, titled “Estate Tax Portability – Date DSUE Amount May Be Taken Into Account,” provides some practical advice.

No Beneficiary Designation? An IRA “Uh-Oh” for Houston Families

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

We say it over and over again. Check your beneficiary forms! Don't let your retirement funds go down the drain.

Anything involving the court system is rarely quick and painless (probate anyone?). Fortunately, IRAs can easily be transferred to your loved ones outside of probate simply by completing a beneficiary designation form. But what if there was no beneficiary designation form completed? Uh-oh, what now?

The slightly messy situation of an IRA left without a beneficiary was tackled recently by Ed Slott’s blog, The Slott Report. The article, titled “There is No Beneficiary on the Retirement Account: Now What?,” is the perfect encouragement to ensure that every beneficiary form is filled out and up to date.

Legacy Planning in Houston – Your 10 Step Plan

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

Giving back is about linking passion with action, and it does not have to be complex—but it does have to be well thought out to be effective.

As many well-to-do but generous Americans can attest, your philanthropy can do more than just help the cause or causes important to you. So why not bless your family as well as your charities as part of your legacy?

To make philanthropy a part of your legacy, you do not have to be a Carnegie to have your name put on this or that building. For most of us, our family is our most important and lasting legacy. Consequently, philanthropy can be what binds a family together and passes down real enduring values to the younger generations, all while doing tangible good today.

Options in Houston Include Six Unique Trusts For Unique Circumstances

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

You might be a candidate for a trust that you never needed before.

A trust is a great tool within an estate plan, one with unique goals depending upon the one making the plan. Some goals are very common, while others don't exactly follow the mainstream.

A recent lighthearted Forbes article titled “Six Trusts For The Person Who Has Everything Else” pulled back the curtain for a look into the world of unique trusts for unique circumstances. [Spoiler alert: There are really four trusts, one special bank account, and one misguided attempt to emulate the trust format.]

Inherited Homes And The Challenges Ahead for Houston Families

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

The process of selling a relative’s home is likely going to be emotional, from the sorting of the personal belongings to the finalization of the sale at the closing table. Expect that. And surround yourself with professionals who will be empathetic and helpful.

Many would agree that selling a home is a stressful process, maybe even claiming a spot on the "top 10 most stressful life moments" list. Even if it sells fast, there is still the hassle of moving itself. What about hen it is not your home at all? What if it is the home of your parents, and perhaps your sole inheritance, with or without siblings?

When it comes to selling an inherited home, there are some complications to ride out and with which you must deal. For guidance, consider reading are recent MarketWatch article titled “How to sell an inherited home.”

Medicaid Lookback Rules for Houston Families

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

My mother gave me money in 2009. Now (2014) she is in a nursing home and needs to get Medicaid. Does that money need to go back in her account because of Medicaid's five-year lookback?

Medicaid is wound tight with very well-intentioned rules to stop people from taking advantage of or “beating the system.” These rules are meant to prevent fraud. Unfortunately, the rules intended to stop outright fraud can sometimes get in the way of those who do play by the rules.

The most common problem families run into is the so-called “lookback” period. You can easily run afoul of the 20/20 hindsight of Medicaid and thereby threaten the care your elderly loved one needs. This common conundrum of the lookback period was recently updated in a Q&A and supporting guide produced by ElderLawAnswers. In fact, the common question that sparked the post is the same as the title: “Should I Return Money My Mom Gave Me So She Isn't Penalized by Medicaid?”