Houston Estate Planning and Elder Law Attorney Blog

Should You Update Your Estate Plan When Moving to Texas?

Published on: February 17, 2021 | By McCulloch & Miller, PLLC

For individuals moving to the great state of Texas, there are many tasks they need to complete: updating their address, obtaining a new driver’s license, and finding new doctors and dentists. However, there is another task that is essential to add to the list: updating their existing estate plan. Because every state has different requirements for trusts and estates, individuals may need to change their estate plan to comply with the laws of Texas. Below are areas of estate plans that should be carefully evaluated after moving to a new state—they are the most likely to be affected by various Texas estate planning laws and regulations.

Medical Care Provisions

Often, medical care provisions—like healthcare powers of attorney and other medical directives—vary state-to-state. Many medical forms are slightly different in each state; this means that if a person is unable to make decisions for themselves, their agent’s authority may be delayed due to an out-of-state document.

What is the Difference Between First- and Third-Party Texas Special Needs Trusts?

Published on: February 11, 2021 | By McCulloch & Miller, PLLC

For individuals with a special needs loved one, creating a Houston special needs trust can drastically improve their lives. Special needs trusts allow individuals to still receive government disability benefits while simultaneously receiving property and assets. However, there are two different types of special needs trust: first-party and third-party trusts. While these special needs trusts have many similarities, there are critical differences between the types of trusts. Because of this, knowing the differences between a first- and third-party trust is critical before people decide which trust is right for them and their loved one.

Third-Party Special Needs Trusts

The major distinction between first- and third-party special needs trusts is who is funding the trust. Simply put, a third-party trust is funded by family members, whereas first-party trusts are funded by the individual with special needs.

How to Distribute Texas Trust Assets to Beneficiaries

Published on: February 8, 2021 | By McCulloch & Miller, PLLC

While people think about their loved ones receiving their assets—and being financially secure—after their passing, they often do not consider how the loved ones will receive these funds. It may seem simplistic; however, there are a few different ways for loved ones to receive their inheritance. These different methods will all impact how quickly beneficiaries—the individuals who will get the assets after the person’s passing—will receive their inheritance. Below are explanations for the various types of asset distributions utilized by Houston trustees at the end of the estate planning process.

3 Ways To Distribute Assets to Beneficiaries

By creating a trust, a three-party relationship is formed between the grantor—the individual creating the trust, the trustee—the individual who will oversee the trust’s management and ultimately disburse the trust funds—and the beneficiaries. All of these parties play a different role in the estate planning process.

Estate Planning Tips for Texans Going Through a Divorce

Published on: February 3, 2021 | By McCulloch & Miller, PLLC

The Houston estate planning process can be complicated at any point during a person’s life. Generally, when relationships are altered—either in the case of a marriage or a divorce—changing the estate plan is not the first thought in a person’s mind. However, it is imperative to address the estate plan as soon as possible. Otherwise, the former partner could have legal rights if the individual becomes incapacitated or passes away before the divorce is finalized. For a lot people, this is not a pleasant thought.

Below are estate planning documents that should be altered while going through divorce proceedings:

A Last Will and Testament and Declaration of Guardians

What to Bring to a Meeting with Your Houston Estate Planning Lawyer

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

Taking the first step in meeting with an estate planning attorney is a noble and critical endeavor. This is setting up an individual’s plans for the future, so after their passing, their assets and property are handled according to their wishes. However, the productivity of a first estate planning meeting depends on the documents the person brings to the meeting; the more information provided to the attorney, the faster the estate planning process can begin. Below are categories of documents that clients meeting with a Houston estate planning attorney should bring to their initial consultation—having these documents ready will not only help to begin the estate planning process, but also allow the individual to assess the attorney and their merits.

Financial Personal Papers and Banking Accounts

It is critical to bring personal financial papers to the first meeting with an estate planning attorney, so they can assess the person’s assets and discuss how they should be distributed. Financial personal papers include an inventory of valuables, car titles, tax returns, rental agreements, and mortgage documents. Of course, individuals should bring other financial documents they believe are important for their estate planning attorney to know about. Additionally, individuals should be able to speak in detail about their bank and credit union accounts and statements. Even if a person does not bring the credit statements to the appointment, they should have these items organized and stored in a safe place.

What is a Texas SLAT Trust?

Published on: January 28, 2021 | By McCulloch & Miller, PLLC

With President Biden’s inauguration, many Americans are wondering if the estate and gift tax exemption will revert to a lower level, as well as what they can do to protect their assets. While there are many Houston estate planning options for individuals to shelter funds from the estate tax, SLAT trusts may be the right option for married couples. Because most Texans are unaware of a Texas SLAT—and how it could benefit them—below are the common questions and explanations of why a SLAT might help their loved ones.

What Is a SLAT Trust, and What Are Its Benefits?

A Spousal Lifetime Access Trust (SLAT) is a gift from one spouse to an irrevocable trust for the other spouse’s benefit. When creating a SLAT, one spouse gifts funds to an irrevocable trust for the other spouse to access once they have passed away. A person creates a SLAT for their spouse to allow them to (i) receive assets up to the federal estate tax exemption; and (ii) prevent the value of the trust from being included in the surviving spouse’s gross estate tax when the spouse dies. The spouse that benefits from the SLAT—often called the beneficiary spouse—can receive assets that are sheltered from the gift tax.

How You Can Pay for Long-Term Care in Houston

Published on: January 27, 2021 | By McCulloch & Miller, PLLC

Planning a person’s future—especially as they are aging and struggling to take care of daily tasks—is both daunting and stressful for the individual and their loved ones. Long-term care is a type of service that individuals often need if they cannot care for themselves, either due to illness, disability, or diseases like Alzheimer’s. Long-term care often includes care in a Houston nursing home, supervision at an adult day care facility, and health services provided at home. However, these services are often extremely costly, so loved ones worry about paying for such care. Below we discuss a few options for paying for long-term care, along with explaining long-term care insurance.

How Can I Pay for Long-Term Care?

The cost of the services is based on numerous factors, including the type of care needed, how long the care is required, where the care is given, and what type of medical professional provides it. Because of this, there are a variety of ways to pay for long-term care. These options are personal savings, Medicaid; Medicare; benefits from a life insurance policy; or long-term care insurance.

Why Texans Need an Advanced Health Care Directive

Published on: January 21, 2021 | By McCulloch & Miller, PLLC

While individuals often think about who would receive their assets when they die, they do not always think about the medical care they want if they cannot speak for themselves. This is a critical aspect in the Houston estate planning process, called an advanced health care directive. An advanced health care directive is unique to each individual, and it can often be confusing to know what should be included in such a directive. Below are common questions that Texans have about health care directives and how to implement one as part of their estate plan.

What is a Health Care Directive?

A health care directive allows an individual to express their values and desires related to end of life care. A person can adjust their health care directive as their situation changes because of new information or a change in their health. Research has shown that advance directives often make a difference: individuals who document their preferences are more likely to receive their preferred care at the end of their life than people who do not document their wishes.

How to Create a Succession Plan for Texas Small Business Owners

Published on: January 19, 2021 | By McCulloch & Miller, PLLC

For individuals who own a company, passing the business to another individual may not be at the forefront of their mind; but it should be. Succession planning involves creating a plan for another individual to either own or run the business after the person retires, becomes disabled, or dies. This process simply passes control of the business—or a share of the business—to another person through their estate plan. While passing a business to a loved one or employee may seem like an easy endeavor, it can often be more complicated than one would assume; for this reason, there are some detailed explanations to common Houston business succession questions below.

How Do I Pick a Successor for My Business?

Each business owner will look for different qualities when choosing a successor. For some, they know of a loved one that is excited to continue the success of the business. For others, individuals will select their successors from a pool of existing employees who have a hard work ethic and loyalty to lead the company. Business owners should carefully consult with potential successors to determine who they believe will manage the business best, once they have passed away. They should then name the successor in their estate plan as the new owner of the company.

What is a Gun Trust and Should Texans Get One?

Published on: January 13, 2021 | By McCulloch & Miller, PLLC

The firearm industry is heavily regulated, and a mistake during the ownership transfer of a firearm can become a felony. A gun trust can prevent these errors from occurring. But because gun trusts are not well-known, many people have questions about what a gun trust really is, and if they would benefit from getting one.

What is a Gun Trust? What Does a Gun Trust Do?

A gun trust is a term for a revocable or irrevocable trust to take title to firearms. In practice, this allows the orderly transfer of the weapon upon the death of an individual to their designated beneficiary.