Houston Estate Planning and Elder Law Attorney Blog

Prenup: The “Other” Proposal for Houston Couples

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

Generally, the best candidates for a prenup, besides anyone with substantial assets, are those going into a second or third marriage, says Bonnie Sockel-Stone, a marital and family attorney in Miami, Florida.

A prenup proposal is a bit of an oxymoron. With a marriage proposal, you are pledging to love and care for your future spouse for life, for better or for worse. When a prenup enters the equation, you are basically throwing in a contingency plan. This can create mixed emotions to say the least.

Still, especially with blending families, a prenup can be a prudent tool to maintain peace and domestic tranquility between the respective sides of the to-be-formed family. Love may be blind, but it is best to enter the marriage with both eyes open. Not surprisingly, the use of prenups is on the rise.

Talk To Your Houston Heirs About Their Inheritance

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

For many people, estate planning is both a private matter and morbid topic – not something that parents want to discuss with their adult children. While having such conversations takes a lot of courage, families that speak freely about these delicate issues can avoid problems down the line.

Thinking about your estate, setting up your estate plan, and carrying out your wishes is not the entire process of estate planning. You really must take this process one step further.

You need to take the still more difficult and under-practiced step: discussing your estate and your estate plan with your heirs and loved ones.

The Reason For Your Giving Season in Houston

Published on: December 31, 2013 | By McCulloch & Miller, PLLC

As the year comes to a close, it is time to consider how we show our generosity, so we can allocate our resources deliberately and effectively.

There is still time to give those charitable gifts for 2013! And there are countless worthy causes to choose from. So the question is: do the charities you select fulfill the purpose behind your contribution?

While you are in the “holiday spirit,” you might want to survey a recent Forbes article titled “What Kind Of Philanthropist Are You? A How-To For Aligning Your Giving With Your Personal Values.”

Year-End Giving: What, How, And Why for Houston Families

Published on: December 30, 2013 | By McCulloch & Miller, PLLC

“What we’ve found is that donors give — and give more — when confident the money will actually make a difference."

Understanding The “Do Not Hospitalize” Directive for Houston Families

Published on: December 27, 2013 | By McCulloch & Miller, PLLC

Often, proxies are confused about how “do not hospitalize” orders work. Several proxies believed, mistakenly, that a such an order was equivalent to a request to withhold medical intervention altogether.

For elderly loved ones in nursing homes, there is a very powerful tool found in a little known directive known as the “do not hospitalize” directive. Unfortunately, it also happens to be underused and misunderstood, as pointed out in recent article in The New Old Age Blog titled simply “A Misunderstood Directive.”

Advanced directives, as you may well know, are your medical choices reduced to black and white. They are intended to speak for you when you cannot. “Do not hospitalize” does not mean you do not want to receive care. In fact, you can even spell out the circumstances when you really want to go the hospital!

Holiday Table Talk: Financial Discussions for Houston Families

Published on: December 24, 2013 | By McCulloch & Miller, PLLC

You may have to raise some unpleasant issues when you speak with family members over the holidays if you want to ensure a successful retirement.

Soon enough families with be gathering together to celebrate the holiday season. There will be much chatter around the table as families catch up with their loved ones. And while we all know it's best to avoid arguments over religion and politics, there are other potential skunks that can spoil the festivities.

Unfortunately, some of these skunks are subjects that really do need to be addressed while the family is available for discussion.

Houston Families Should Carefully Plan for a Special Needs Beneficiary

Published on: December 23, 2013 | By McCulloch & Miller, PLLC

Planning for a special needs beneficiary can be incredibly complex, so it’s generally best to consult with a knowledgeable attorney in your state who specializes in this area.

Estate planning helps to ensure our loved ones will be taken care of when we are no longer here. These plans are done with great care and consideration. Furthermore, our loved ones with special needs will require some extra special planning to make sure their needs are met.

Special planning is, of course, very much tied to the needs of your child with special needs and to the needs of the rest of your family. As you might imagine, such planning entails important tools, rules and guides. To get started, consider a recent article in The Slott Report titled “3 Tips When Planning for a Special Needs Child.”

Houston Families: Pass The Assets, But Don’t Drop The Ball

Published on: December 20, 2013 | By McCulloch & Miller, PLLC

A comprehensive estate plan ensures that wills, trusts, ownership forms and beneficiary designations are in sync with your wishes. Is your plan up-to-date?

As the old adage puts it, most folks do not “plan to fail, they just fail to plan.” In this sense, leaving an inheritance behind can get a bit tricky and can take some expert guidance to do it well.

This business of leaving an inheritance was taken up by Forbes recently in an article titled “How To Inherit Wealth Without Screwing Up.” (Incidentally, it is hard to inherit wealth without screwing it up, but this piece has far more to do with the ways you can leave it behind and screw it up, in spite of the title).

Can Inherited IRAs Be Impacted By Bankruptcy in Houston?

Published on: December 19, 2013 | By McCulloch & Miller, PLLC

While the dispute over inherited IRAs has not arisen often, it may crop up more in the future.

Does an "inherited" retirement account remain a retirement account for the intended heir? This may sound like a rhetorical question, but it is currently one before the U.S. Supreme Court in the matter of Clark et ux. V. Rameker et al.The decision could have important consequences for those who are looking to leave an IRA to their heirs – and NOT to the heir's creditors.

This issue was explored by Reuters in a recent article titled “U.S. high court to chart fate of inherited IRAs in bankruptcy.”

Prep Your Houston Business Sale With These 10 Tips

Published on: December 18, 2013 | By McCulloch & Miller, PLLC

An estimated 70% of businesses don’t have a family member capable or willing to assume responsibility. What are you doing to plan for the sale?

A certain reality will eventually set in when it comes to the future of your business. And that reality is that some day you are not going to be there to run it. It is just a matter of time, and there may simply be no family member there to step up to the task, which is something even further from your control. For many a business, and for the betterment of the family, this means a sale. So what are you doing to prepare the business for sale?