Houston Estate Planning and Elder Law Attorney Blog

Estate Planning Considerations for LGBTQ Couples in Houston

Published on: June 25, 2021 | By McCulloch & Miller, PLLC

Estate planning is a fairly complex topic. The laws frequently change and are not always intuitive. However, estate planning is crucial and, while the thought of starting the estate planning process may not be something anyone looks forward to, it is something everyone needs to consider. This is especially the case for LGBTQ couples, as the Houston estate planning laws applied by the courts, unfortunately, do not adequately cover most couple’s wishes when it comes to property distribution and end-of-life decision-making powers. Below are a few things LGBTQ couples should consider when assessing their estate planning needs.

Living Wills and Health Care Powers of Attorney

Not everyone wants the same level of care if they suddenly become ill or incapacitated. However, unless you take affirmative steps to create a directive to physicians (living will) and healthcare power of attorney, courts will apply default rules when it comes to appointing someone to make decisions on your behalf.

Texas Estate Planning After Purchasing a Home

Published on: June 24, 2021 | By McCulloch & Miller, PLLC

According to the National Association of Realtors, the pandemic has brought on an unprecedented amount of home sales in Texas and throughout the United States. As home sales increased, mortgage rates hit record lows, encouraging quarantined home buyers to jump-start their searches. Those who have bought or sold a home during this time should contact a Houston estate planning attorney to discuss their financial future.

Estate planning is a critical process that allows individuals to protect their assets, businesses, and loved ones. Although many people erroneously believe that estate plans are reserved for older wealthy individuals, that can not be farther from reality. The modernization of estate planning makes it an accessible and necessary way for people to safeguard their interests.

Developing a binding and effective estate plan will ensure that a person’s home goes where they want it to go after they pass on. One way to meet these goals is by placing a home in a trust. Estate planning laws do not require homeowners to own their home outright to transfer it to a revocable trust. Transferring a home into a trust allows family members to avoid going through a complex and lengthy probate process. There are many options on how best to do this, depending on the homeowner’s specific situation.

Impact of Increasing Healthcare Costs on Texas Estate Plans

Published on: June 22, 2021 | By McCulloch & Miller, PLLC

Society as a whole has experienced unexpected and overwhelming changes over the past year. These changes have undoubtedly caused people to consult with their Houston estate planning attorneys to address their long-term goals. Recent surveys by TD Wealth highlight several issues that have impacted estate planning.

Healthcare Costs Skyrocket, But That’s Not the Only Problem

As Americans continue to live longer, many families incur hefty healthcare costs long after they stop working. The surveys reveal that rising healthcare costs combined with market volatility present significant challenges to those creating Houston estate plans. Previously market researchers from TD Wealth found that one of the most significant threats to effective estate planning came from familial conflict.

Considerations for Texans Planning for Retirement

Published on: June 15, 2021 | By McCulloch & Miller, PLLC

It is never too early to begin thinking about retirement. In fact, the wisest people often begin planning and saving for retirement early on, understanding that doing so can pay off in a big way down the line. One question many Texas individuals have when thinking about their retirement plans is what type of assets they should plan to live off of in retirement and what assets they should be passing down to their children in order to be tax-efficient and living comfortably. A Houston estate planning attorney can be a vital asset in answering these questions.

What Are Your Retirement Goals?

An important first step in answering this question is asking an additional question: what are my retirement goals? Do you want to leave as much as possible to your children and grandchildren? Do you plan on supporting charitable organizations in retirement and through your estate? Once your goals are identified, you can begin to figure out how to have different accounts and assets titled and earmarked appropriately to ensure they transfer in the correct way. It is important while planning to plan for both your core assets and excess capital.

How Divorce Affects Texan’s Estate Plans

Published on: June 9, 2021 | By McCulloch & Miller, PLLC

Many Texans plan for the future, including planning their estates with their spouse. Married couples may find it easier to plan together, or may enjoy picturing their life together years, maybe even decades, down the road. But, unfortunately, not every marriage survives until the end of time. Texans may find themselves in the particularly difficult situation of getting a divorce. For many, besides the emotional toll the divorce can take, there are many questions about long-term financial future and estates. What happens to the life and plans that the couple once built together? How can Texans proceed? Read on to learn about why estate planning is a critical component of the divorce process.

Estate Planning Considerations During Divorce

These questions can become increasingly complicated. When two spouses both own property or a house together, who gets to keep it? What becomes the legal status upon divorce? How can the property be divided up legally and fairly? As one can imagine, the titling of the family residence(s) can become a major legal conundrum for divorcing couples, especially those who try to handle their own divorce. But that’s not the only confusing title—other assets, such as bank accounts, also need to be reviewed and sorted out to ensure the split is clean and fair.

How May Changes to Estate and Gift Tax Impact Texans?

Published on: June 7, 2021 | By McCulloch & Miller, PLLC

Although there has recently been a lot of news out of Washington, D.C.—particularly the COVID-19 Relief Bill—many individuals are interested in the 2022 fiscal year budget and the proposed changes that will be made. This includes expected capital gains and dividend tax rate increases for high-income individuals, along with any potential individual income tax rate increases. Another critical change is the expected estate and gift tax exemption. These changes will be made through the budget in order to fund the COVID-19 Relief Bill. While President Biden’s proposed budget will not be released until later this month, below are common questions about potential changes that will be made and how Texans should prepare their estate plan in the meanwhile.

What Gift and Estate Tax Changes Are Likely to Occur?

Currently, the estate tax and lifetime gift tax exemption is $11.7 million per person and $23.4 million for married couples. This means that if an estate exceeds $11.7 million, currently, when the person passes away, their beneficiaries—the people they are leaving the estate to—will pay a tax of 40% on the remaining value of the estate. If a person’s estate is valued at lower than this, their beneficiaries do not need to pay a tax. Additionally, if a person leaves their estate to their spouse, the spouse does not have to pay an estate tax—even if the value is above the exemption limit.

What Should I Know About Texas Retirement Taxes?

Published on: June 4, 2021 | By McCulloch & Miller, PLLC

When people reach retirement age, many assume that the majority of the taxes they will need to pay are over. However, in many cases, taxes may be even more burdensome once a person has retired. Be it in the form of an estate tax, Roth IRAs, or life insurance plans, seniors have many questions about making the most of their retirement savings and ensuring they are still passing along assets and contributions to their beneficiaries once they have passed. Below are some common questions individuals thinking about retirement planning have, along with explanations to these issues—so Texans can ensure their retirement plan is not chipped away by unknown taxes.

What is the SECURE Act, and How Will it Affect My Retirement?

The Setting Every Community Up for Retirement Enhancement Act of 2019—better known as the SECURE Act—changed many of the rules and regulations for retirement income planning. One fundamental change that affects retirees is the elimination of the stretch IRA. In the past, a stretch IRA has allowed non-spouses that are inheriting a retirement account to stretch out disbursements of the account over their lifetime. Generally, retirees who knew their spouse would have enough money for retirement would utilize a stretch IRA to maintain their family’s assets by naming the youngest person in their family as the beneficiary. Now, the rule requires the beneficiary to receive the full payout of the inherited IRA within ten years of the initial person’s passing.

Texas Court Rules on Mental Capacity Needed to Admit a Will

Published on: June 2, 2021 | By McCulloch & Miller, PLLC

When a family member or close friend is upset by the contents of a deceased person’s will, they may contest the will’s validity. The most popular argument is to claim the will is invalid because of the person’s mental incompetence or that there was undue influence exerted upon them.

In a recent Texas appellate case, the court was tasked with determining whether the deceased’s most recent will should be admitted to probate after her sons argued their mother’s dementia meant she did not have the mental competence to execute the will. Ultimately, the court ruled that the deceased could understand she was making a will, so the will was admitted to probate—meaning the court will divide the deceased’s assets according to the will.

In this case, the deceased—before her death—created several wills over the last few years, but the last will left her estate to her one son and excluded her other two sons entirely. After her death, those sons argued this will was invalid because the deceased had dementia which made her incapable of understanding she was making a new will that would invalidate the prior ones.

How the Pandemic Affected Estate Planning with Young People

Published on: May 25, 2021 | By McCulloch & Miller, PLLC

The COVID-19 pandemic has caused many individuals to evaluate their future—however, this realization has come in different forms depending on an individual’s age. For the first time ever, young adults are now more likely to have an estate plan than older adults. And many of these young individuals cite the pandemic as the reason they created a Houston estate plan.

In a recent survey, 1 out of 3 people said the pandemic caused them to see the need for an estate plan; however, 30% of these people did not take any action. Below are reasons why the survey respondents said they did not have a will in place—and ultimately why these excuses should not stop an individual from drafting an estate plan.

“I Haven’t Gotten Around to Drafting a Will”

How to Incorporate Digital Assets into Your Estate Plan

Published on: May 20, 2021 | By McCulloch & Miller, PLLC

With the emergence of technology that becomes more and more a part of people’s everyday lives, it is important to keep these digital assets maintained for future usage. While people may not think about these assets—such as social media accounts, financial accounts, and emails—when drafting an estate plan, Texans should create a digital estate plan. This document identifies who should handle this information after the drafter has passed away and what to do with these digital accounts. Because this is an emerging area of estate planning law, below is an explanation of the steps Texans should take to create a digital estate plan with the help of an experienced attorney.

1. Make a List of Every Digital Asset

The first step in creating a digital estate plan is to make a list of every digital asset a person owns—this includes social media accounts, online banking accounts, and passwords to any website. As a part of this list, people should mark where the data is stored, whether online, on the cloud, or on a physical device, and their username and password for the accounts. This inventory will allow the executor—the person who will have access to the digital assets and follow the instructions according to the drafter’s wishes—to have all the relevant information at their fingertips.