Houston Estate Planning and Elder Law Attorney Blog

Necessary Texas Estate Planning Steps to Aid Children After Death

Published on: April 15, 2022 | By David W. Miller

For many parents, it can be difficult to think about how their children will have to take care of them in their old age—and how they will have to pick up the pieces once they pass away. Because of this, many parents will avoid including their children in the estate planning process or, worse, not take any estate planning measures at all. While the initial goal may have been to avoid burdening their children, not creating an estate plan can have the opposite effect. Below are some tips and information that individuals should take now to prevent uncomfortable situations—often that their children will have to handle—in the future.

Create a Will

One of the most important estate planning steps is to create a will. Having a will in place dictates how a person’s assets are to be distributed. If a person does not have a will and they pass away, their assets will go to probate court where a judge will decide who will receive the items in the estate. This process can take months or years and is often difficult for loved ones to handle and manage during an already emotionally fraught time. Similarly, having a will in place reduces the stress that loved ones face of knowing whether the assets are going to the person the deceased would have wanted.

Implementing a Power of Attorney

Talking with loved ones about who will serve as a power of attorney can reduce future family infighting and worries when a loved one becomes ill or incapacitated. A healthcare proxy makes decisions on another person’s behalf when they become physically or mentally incapacitated and thus cannot make these choices for themselves. Many parents do not want their children to have to make these decisions; however, many children would rather be in charge of their parent’s medical decisions than see an uninterested party make them—or worse, have no one who is able to make these decisions at all.

Texas Estate Planning and Health Savings Accounts

Published on: April 12, 2022 | By Thomas W. McCulloch

health savings accounts in estate planning

There is more to an estate plan than just a will. Other assets are included in estate plans, including financial accounts. Most financial accounts function the same for estate planning purposes. However, health savings accounts—often referred to as HSAs are treated differently in estate plans and from a tax perspective. Health savings accounts allow individuals to contribute money to them to then be used for medical expenses. Because health savings accounts are treated differently than other accounts, below are common questions and explanations about HSAs in estate plans.

What is a Health Savings Account?

A health savings account (HSA) is a health insurance account where qualified individuals can contribute up to $3,600 per year—and $7,200 for families—on a pre-tax basis. These funds can then be withdrawn, tax-free, to use on medical expenses. However, individuals can only contribute to health savings accounts if they have a high deductible health plan.

Two Reasons Texans Should Not Delay Reviewing Their Estate Plan

Published on: April 11, 2022 | By Thomas W. McCulloch

When people focus on creating or updating their estate plan, many wait so they have certainty about their tax situation. Because laws are constantly being passed that may impact their taxes—both now and in regard to their estate plan—individuals assume it is best to wait to review the plan until these bills have been passed. However, because of these constant changes, waiting is not advised. Additionally, there are non-tax aspects of estate planning that should be finalized as soon as possible. Below are some of these aspects and explanations for why estate planning should not be delayed.

Reason #1: Guardianship for Children

For individuals with children, it is essential to have an estate plan in place. Because if the person dies, having an estate plan allows them to name a potential guardian. This would be the person who would take care of the children. In many cases, this would be the surviving spouse; however, there should be a section addressing if the surviving spouse pre-deceases the other or if the partners die in a common accident. Without an estate plan, there may be fighting amongst family members or loved ones about who should raise the children if a tragedy occurs, and their parents pass away. Avoiding this potential struggle is easy by creating an estate plan.

Solutions to Women-Specific Needs in Estate Planning

Published on: April 6, 2022 | By David W. Miller

Over time, people have recognized the differing needs individuals have when it comes to estate planning. While they may know that no two people will have the exact same estate plan, depending on the person’s livelihood, relationship with loved ones, and even their sex. This is surprising to most individuals. For example, women may have some unique estate planning needs that most men do not have. These needs extend to all aspects of the estate planning arena, including retirement needs, caretaking responsibilities, and end-of-life care. Below are some common issues that women face when going through the estate planning process, along with how life insurance may be the solution to these difficulties.

Earning Challenges

One such struggle with estate planning that women face is the earning power challenges that make it difficult to plan for retirement. Considering women still only earn approximately 82 cents for every dollar a man makes—with the amount being lower for women of color—this makes it even more essential to plan ahead for the future. Without adequate savings for retirement, women may feel they need to work even longer in order to be financially secure in their final years of life.

How to Avoid Probate in Texas

Published on: April 1, 2022 | By Thomas W. McCulloch

The estate planning process can be complicated for those just beginning since there is a lot to learn. Because of this, most people do not know how probate can impact estate planning overall. Probate is the court administration of an individual’s estate—which occurs after they have passed away. Depending on the amount of planning an individual has done before they die, the probate process may either be smooth or difficult. Below are some common questions and explanations about the probate process and how Texas estate planning attorneys advise their clients on these issues.

What is Probate?

After a person’s death, the court reviews the deceased’s debts in probate—if they had any—and then distributes their remaining assets to loved ones. Most people are surprised that regardless of if the person had a will or not, they will go through the probate process. If the person had a will in place, called a testate, then the process is much easier and is less likely to be questioned. However, if the person did not have a will, called intestate, the process is often much more complicated. This is another reason why it is critical to have an estate plan in place.

Why Many Texan Millennials Are Creating Estate Plans

Published on: March 29, 2022 | By David W. Miller

As a younger generation, many individuals assume that millennials do not need an estate plan yet—mainly because they are far from needing to use it. However, this is not always the case. Millennials are creating estate plans at a record rate. They recognize the importance of planning for the future and ensuring their loved ones will be taken care of—regardless of their net worth—and not delaying the process. Viewing the estate planning trends that many millennials are using can be instructive in finding the estate plan that works best for others. Below are some of these trends and how people can utilize them in their estate plans.

What Motivates Millennials to Create Estate Plans?

Everyone has a different motivation for drafting estate plans and planning for their future. According to a recent survey, millennials were most motivated to make a plan because they had a child. Often when someone has a child, they want to ensure they are financially and physically taken care of—this includes leaving them assets in their will and appointing guardians for the kid in case the parents pass away. More so than other generations, millennials are designating non-blood relatives as a guardian.

What Does it Mean to Die Intestate in Texas?

Published on: March 29, 2022 | By Thomas W. McCulloch

Life happens, we get it. Therefore, most individuals put off estate planning. However, there are major downsides when this is avoided for too long and they unexpectedly pass away. When someone dies without a will, it is called dying intestate. There are many consequences dying intestate in Texas, including that the decedent does not get to choose who will receive their assets— their funds, property, and items. Because there are benefits to drafting an estate plan and ensuring one does not die intestate, below are examples of the dangers of intestate property and resolution to this issue.

What Problems Can Arise from Not Having an Estate Plan?

When someone dies without a will, they do not have the ability to decide who will receive their possessions. This occurred to famous artist Henry Darger, whose family entered into a long-drawn-out legal battle. When Darger died without a will in place, his landlords—who helped bring notoriety to his art—had ownership of his pieces of art, some of which have been appraised at close to $800,000. Now, long-lost relatives of Darger have filed a lawsuit, arguing they are the rightful beneficiaries of his property. The landlords are arguing that Darger told them that they could keep or discard his possessions.

Updating Texas Estate Plans After a Divorce

Published on: March 17, 2022 | By David W. Miller

Divorces are often emotionally difficult and draining—big life changes are occurring, which are stressful enough on their own. But when people are going through this process, often the last thing on their mind is updating their estate plan. However, estate planning nightmares may occur if individuals do not update their estate plans after a divorce. Former spouses and stepchildren may be able to take advantage of the estate plan if it is not changed—regardless of the person’s intentions. Below is information and advice for newly divorced Texans, explaining why updating their estate plan as soon as possible is essential.

Why Do I Need to Update My Estate Plan After My Divorce?

Estate planning may not seem like a top priority after a divorce. However, this is incorrect. While former spouses no longer have certain benefits from an estate plan—even if the estate plan is not changed—there are some designations that are not automatically revoked unless the estate plan is actively changed. For example, in Texas, unless a person actively removes their former spouse from their life insurance policy, the ex-spouse can still stand to receive the policy benefit if the individual passes away.

Estate Planning Needs for Texas Millennials Skyrocket

Published on: March 15, 2022 | By David W. Miller

As their parents get older, many millennials are having to step in and become caregivers. Because of this, many millennials are becoming interested in estate planning themselves—seeing its benefits and their need for the future. For many of them, they are not only taking care of their parents but also their children. This has put them in a unique situation that heightens the need for estate planning even more. Studies have shown millennials’ reasoning for estate planning, their unique “Sandwich generation” requirements, and other factors to take into consideration during this process. Below are a few of these findings and how young adults can incorporate them into their estate plan.

What Prompts Millennials to Create Estate Plans?

Children, Loved Ones, and Death

How to Add Vacation Homes to Your Texas Estate Plan

Published on: March 10, 2022 | By David W. Miller

As the weather starts to get warmer, people begin planning for their summer vacations plans. For those individuals with a vacation, or second, home, these vacation plans might seem easier. There are many benefits to owning a vacation home: always having a place to stay and long-lasting family memories. However, there are detriments on the estate planning front that come from having a vacation home if individuals do not plan accordingly. Below are ways to incorporate vacation homes into estate plans, so families are prepared for the future.

Deciding What to Do with the Property After You Pass Away

When it comes to vacation homes, one critical aspect of the estate planning process is to decide what to do with the property after the owner dies. For most individuals, this will be leaving the property to someone else in their will. If they decide to gift the property, owners should think carefully about who they wish to receive per the will. Many times, parents will want to give the home to their children. But this can be more complicated when they want to gift it to all of their children, rather than a single individual.