Houston Estate Planning and Elder Law Attorney Blog

How Can You Give Another Person the Ability to Make Medical Decisions on Your Behalf?

Published on: July 24, 2023 | By McCulloch & Miller, PLLC

How Can You Give Another Person the Ability to Make Medical Decisions on Your Behalf?

Planning for emergencies is a key part of thinking through your long-term care needs. Importantly, naming an individual to make medical decisions on your behalf, in the event of your inability to make decisions for yourself, is a good way to ensure that you have a solid plan in place in case of the worst. In today’s blog, we discuss medical power of attorney and how it might be helpful for you.

What Is “Medical Power of Attorney”?

In Texas, you can appoint an individual as your “medical power of attorney.” This means that if you are incapacitated, the person you have appointed can make medical decisions on your behalf. The individual will only be able to make decisions if you are both incapacitated and declared incapacitated by your physician. If you have even a slight ability to make decisions for yourself, your medical power of attorney will not be able to step in. Additionally, once you regain competency, the medical power of attorney automatically loses his or her ability to make decisions on your behalf.

Why Name a Medical Power of Attorney?

Many clients who are married ask us why they should name a medical power of attorney in the first place. According to Texas law, if you are married and you become incapacitated, your spouse is the first person in line to make decisions on your behalf.

Why a Disposition of Remains Document Should be Included in Your Estate Plan

Published on: July 16, 2023 | By McCulloch & Miller, PLLC

Part of the estate planning process necessarily involves difficult conversations and difficult decisions. One topic that many individuals can be hesitant to discuss is the “disposition of remains” document. While sometimes unpleasant to talk about, this document can be a key part of your estate plan that requires careful care and consideration. Additionally, estate planning lawyers can provide you with some eloquent and less-awkward ways of bringing up otherwise difficult conversations. Moreover, at the end of the day, even if a conversation is uncomfortable, it may be critical to ensuring your wishes are honored.

What is the Disposition of Remains Document?

A disposition of remains lays out what you want to happen with your body after your passing. You can dictate whether you want to be buried or cremated, as well as any specific requests about the process.

What Does the Disposition of Remains Entail?

One essential part of the disposition of remains is choosing an individual, or an agent, that will handle your remains. Choosing an agent is a delicate process, as you want it to be someone that you trust to carry out your wishes accurately. If you decide not to choose an agent, your “next of kin” will be the person to decide what happens with your body – this would be your surviving spouse, or in the alternative any adult children, parents, or siblings that you have left behind.

What is Muniment of Title in Texas?

Published on: July 10, 2023 | By Thomas W. McCulloch

As many individuals in Texas know all too well, the probate process can be long and drawn out. Waiting for a decedent’s assets to be distributed can take months, which often makes things difficult for beneficiaries who might need more immediate access to their loved one’s funds. In Texas, however, there is an option called Muniment of Title that allows for a quicker probate process. Muniment of Title is not for everyone, and there are certain procedural requirements that individuals must consider when thinking about whether to use this option in their estate planning strategies.

What is Muniment of Title?

The word muniment literally refers to documents that allow an individual to defend his or her right to an estate. Muniment of Title, then, is a specific tool in the probate process that shortens the time necessary for probate to move to completion.

In Texas, the Muniment of Title is discussed in the Estates Code Chapter 257. The provision states that when a person dies with a will, and without any debts, that person can potentially use Muniment of Title to bypass some of the procedural and logistical requirements of probate.

What is a Texas Affidavit of Heirship?

Published on: July 10, 2023 | By David W. Miller

Among the many tools available to those sorting through a loved one’s estate, the affidavit of heirship can be particularly useful for individuals whose loved ones might not have left behind a will. In Texas, the affidavit of heirship can be an incredibly practical way to transfer property ownership from a decedent to his or her heirs, but the process involves several procedural hoops that are important to keep in mind. At McCulloch & Miller, we help clients deal with these sorts of filings with the ultimate hope of helping them achieve their familial and financial goals.

What is an Affidavit of Heirship?

The affidavit of heirship is a document that a decedent’s heirs can submit to the probate court. It is typically used in two different scenarios: 1) when the decedent did not leave behind a will and 2) when the decedent’s estate did not pass through probate in the first four years after his or her death.

The affidavit allows heirs to receive property that the decedent intended to leave for them. By submitting the affidavit, heirs can essentially ask the court to transfer title of their loved one’s property to their own name(s).

Probating a Texas Will if You Don’t Know All the Deceased’s Heirs

Published on: July 3, 2023 | By Thomas W. McCulloch

Sometimes, a decedent leaves behind property, and it is unclear who the property belongs to after the decedent is gone. Under the right circumstances, interested parties in Texas can file an affidavit to determine heirship, which allows the probate court to sort out who should get the property in question or who makes up the deceased’s heirs. Today, we walk you through the basics of this affidavit, so you can figure out if it might be right for you.

What is an Affidavit to Determine Heirship?

In Texas, individuals can file an affidavit to determine heirship if they want a court to determine who qualifies as a decedent’s heir and who gets property that was left behind by the descendent. These affidavits can be helpful either when a decedent’s estate has not yet been administered or when a decedent’s property was left out of his or her estate plan.

What Happens When a Court Receives an Affidavit to Determine Heirship?

Once an individual files an affidavit to determine heirship, the court holds a proceeding to reach a conclusion on who should receive the decedent’s property. The court will consider several factors, including: whether the decedent was married, whether the decedent had children, and if the property has been inhabited by other individuals in the recent past. After weighing the relevant factors, the court will issue a decision as to who qualifies as the heirs to the property.

How a Small Estate Affidavit Can Simplify the Texas Probate Process

Published on: July 3, 2023 | By David W. Miller

How a Small Estate Affidavit Can Simplify the Texas Probate Process

Both fortunately and unfortunately, the Texas probate process can be very complex. This is fortunate for many clients because it gives them different tools to creatively and efficiently create an estate plan that works for them. It is unfortunate, though, because many of these tools require significant amounts of time and money to implement. One tool that many clients find simpler to utilize is the Small Estate Affidavit, which bypasses some of the more complicated procedural requirements of probating a will and which we will review on today’s blog.

What is the Small Estate Affidavit?

A Small Estate Affidavit is a quick and cost-effective way to move through the probate process. By filling out a Small Estate Affidavit, many individuals finish the entire probate proceedings more efficiently than they would if they were to go through the entire process of a full probate administration.

To access the Small Estate Affidavit, there are many requirements, including: the decedent must have left behind no more than $75,000; the decedent must have died without a will; and the assets in the decedent’s estate must outweigh the debts.

Common Misconceptions About Texas Trusts

Published on: June 30, 2023 | By Thomas W. McCulloch

For many of our clients and potential clients, trusts are a somewhat foreign concept and are thought of as inaccessible tools only for the uber-wealthy. Fortunately, this is a misconception, and individuals with all different kinds of estates, assets, and debts are able to benefit from establishing a trust. In today’s blog, we take the time to walk you through several key misconceptions we see about Texas trusts. Here are several myths and realities that we think every Texan should know:

Myth: Only wealthy individuals should consider setting up a trust.

Reality: Trusts can benefit those with large estates, small estates, and everything in between. One possible trust purpose, for example, is protecting assets from creditors if you think you might have debts to pay. By putting money into a trust, you can insulate it from the outside world and make sure it is only used for your desired purposes.

Myth: Trusts cost too much money to maintain – they just aren’t worth the hassle and money.

Reality: While some individuals do invest considerable time and money into creating and maintaining their trusts, there are ways to go about the process that actually saves you money in the long term. For example, assets in a trust can avoid the probate process, which saves your estate considerable time and money after your death. Additionally, you can appoint a trustee that is a family member – if your family member does not want payment for being the designated trustee, you’ve avoided a major expense commonly associated with trusts.

Five Things You Didn’t Know You Could Include in a Houston Estate Plan

Published on: June 30, 2023 | By David W. Miller

Five Things You Didn’t Know You Could Include in a Houston Estate Plan

What do you think of when you hear the words “estate plan”? For most people, estate planning brings to mind wills, trusts, and perhaps the probate process. There are, however, many other tools available to you in Houston, Texas, when you create your estate plan. Here, we outline five of them that you should consider discussing with an estate planning attorney.

1. A Pet Trust

In the age of COVID-19, many of our clients brought pets into their homes and into their families. Through a pet trust, you can set aside money that will specifically go towards caring for your pet after your passing.

2. An Ethical Will

If you have loved ones that depend on you for advice and guidance, you can consider writing an ethical will. This document leaves words of wisdom for those you’ve left behind, and while not legally binding, it can be a treasure that these beneficiaries keep forever.

3. Funeral Preferences

If you have preferences about the kind of funeral you would like to have, you can include this in your estate planning documents. You can list songs to sing, funeral location, ideas for readings, and other personal touches you want to make sure your loved ones include in your funeral.

Should Young Families Worry About Estate Planning?

Published on: June 22, 2023 | By McCulloch & Miller, PLLC

One common mistake we see in the greater Houston community is that many individuals assume estate planning is only for the elderly. This can, unfortunately, leave many families without a plan when their loved one dies, and it can leave others without the ability to take advantage of important benefits they could receive if they had completed their estate plan earlier. Ultimately, while the decision to begin an estate plan is an incredibly personal one, it is also one that we recommend starting as early as possible for reasons we will describe below.

Benefits of Estate Planning for Young People

First of all, the most obvious reason to begin estate planning as a young adult is that no one can predict the future. While we all hope to have long and healthy lives, there are factors outside of everyone’s control that can bring families into unexpected and stressful scenarios. It is thus always better to have a solid will or trust in place that your family can rely on if you were to unexpectedly pass.

Secondly, if you begin estate planning on the early side, you can receive benefits that those without a plan simply do not have access to. For example, by putting your assets into a trust, you can shield your money and property from creditors if there is ever a judgment against you. You can also shield your assets from public benefits so that you can potentially receive government help even if you think you might not qualify.

The Importance of a Houston Medicaid Planning Attorney

Published on: June 22, 2023 | By David W. Miller

By definition, Medicaid is a government benefit that is available to individuals with lower incomes that need to pay for long-term care. It was created in 1965 and provides coverage to millions of Americans, including pregnant women and older people who need health insurance. Despite its widespread availability, it can sometimes be difficult to access Medicaid, and Houston Medicaid planning attorneys can be incredibly helpful in making sure you receive the benefits you need when times are tough.

When You Might Consider Hiring a Medicaid Planning Attorney

If you or a loved one is considering long-term care, you might want to contact an attorney that can help you think through what benefits are available to you. Additionally, if you are currently undergoing a financial change in circumstances, it could be in your best interest to talk to an attorney to see if you qualify for Medicaid.

Working through a serious illness or planning for retirement might also be reasons to talk to a Medicaid attorney. This can be especially helpful when you feel as if your medical issues require enough attention that it is difficult to focus on taking the time to apply for Medicaid benefits on top of everything else you have going on.