Houston Estate Planning and Elder Law Attorney Blog

“The Password Problem” and Your Digital Estate

Published on: May 21, 2019 | By McCulloch & Miller, PLLC

With the average American owning more than 100 online accounts, we now have to address the issue of digital estate planning. It’s not as simple as gathering up the sticky notes with passwords that adorn your desk.

What would happen if you died unexpectedly and your executor needed to access your bank and investment accounts? If you’ve gone paperless for everything from bank accounts to investments to cable bills, how will they be able to gain access to your accounts? Welcome to the age of digital estate planning.

Kiplinger’s recent story, “Your Estate Plan Isn't Complete Without Fixing the Password Problem,” says that having online access to investments is a great convenience for us. We can monitor bank balances, conduct stock trades, transfer funds and many other services that not long ago required the help of another person.

Prince’s Unresolved Estate Battle Likely To Continue for Years

Published on: May 20, 2019 | By McCulloch & Miller, PLLC

It’s been three years since music icon Prince died at his famous Paisley Park mansion, joining the ranks of many celebrities who died without an estate plan.

Prince’s estate, which includes master tapes of his recordings and a 10,000-square-foot Caribbean villa, has been estimated at $200 million. However, what it will be worth after years of battles between heirs, people claiming to be heirs, consultants and a court-appointed administrator, is anyone’s guess.

Page Six reported in its article, “Fight over Prince’s $200M estate could go on for years,” that Prince’s heirs are entrenched in a fight to rein in the estate’s administrator. They’ve spent more than $45 million in administrative expenses, according to a probate-court petition filed by Prince’s designated heirs.

What’s the Best Way to Title a House with Two Owners?

Published on: May 15, 2019 | By McCulloch & Miller, PLLC

How home ownership is titled, or how it is described on the title to the house, can have far reaching implications that may not come into play for decades.

Deciding how the owners of a home will hold title to it, is a much bigger decision than most people think, says The Washington Post in a recent article, “What you need to know about holding title to a home with a loved one.” Before you sit down at the closing table to finalize the purchase of a home, or if the house is being re-titled to align with an estate plan, it’s important to understand the different ways that a home can be owned with another person.

There are three primary ways to title property between spouses. Joint tenancy is the least common and typically must include the language “with right of survivorship and not as tenants in common.” Spouses typically acquire title as “tenants by the entireties,” which only applies to spouses in a limited number of states.

How will the SECURE Act Impact the Stretch IRA?

Published on: May 10, 2019 | By McCulloch & Miller, PLLC

The emphasis on the SECURE act is all about helping Americans save more for retirement. However, it may eliminate a strategy that is used by many to pass wealth across generations.

The coverage of the SECURE Act, that has been passed by the House Ways and Means Committee, is garnering considerable attention, because of its focus on helping Americans save more for retirement. One provision would require employers with 401(k) plans to make the plans available to long-term part-time workers. The $500 tax credit for small companies that open retirement plans with an automatic enrollment feature is also a popular provision.

However, as CNBC reports in its recent article “Congress may gut the 'stretch IRA' that wealthy people love,” the also bill includes a provision that would force non-spouse beneficiaries to draw down inherited retirement accounts within 10 years of the original owner's death.

Catching Up in Retirement Savings Later in Life

Published on: May 9, 2019 | By McCulloch & Miller, PLLC

Nearly half of American households older than 55 have no retirement savings. The U.S. Government Accountability Office says that this number is actually better than in the past.

According to the article from CNBC, “These people are on the verge of retiring—and they have nothing saved,” an analysis of the Federal Reserve’s Survey of Consumer Finances shows that 52 percent of households had nothing saved for retirement in 2013. The number is now at 48 percent. It is not much of an improvement.

If your household is behind on retirement savings, here’s what you can do:

The Most Generous Givers Are 65 Plus

Published on: May 7, 2019 | By McCulloch & Miller, PLLC

At 65, Americans are shifting their focus from accumulating to giving of time and resources. It seems like a natural progression: after living for more than six decades, there’s a greater understanding of what matters.

The generosity of the 50 million Americans over 65 may be in part because of their perspective, but it may also reflect their controlling more assets and having a higher net worth than any prior generation. The Federal Reserve says that the average net worth for Americans age 65-74 is $1,066,000. The median American net worth is $224,000.

The Denver Post reports in the article “On Philanthropy: Giving in the last third of life,” that older Americans are the most generous generational group in the country. Those born before 1964 are responsible for almost 70% of all charitable giving.

Lucky Enough to Work for a Company That Matches 401(k) Contributions?

Published on: May 6, 2019 | By McCulloch & Miller, PLLC

There is no such thing as a free lunch, except when it comes to employers who match their employee’s 401(k) contributions. This is the closest to free money you’ll ever get.

If you’re fortunate enough to work for a company that has a matching plan, congratulations–not everyone does! A matching plan means that the company you work for contributes a certain amount of money to your retirement savings plan. How much it contributes will depend on the 401(k) plan, how much you contribute to your 401(k) and how generous your company is. Many will match a percentage of employee contributions, with a cap on a portion of the total salary, while others match up to a certain dollar amount, regardless of the salary. Investopedia published an article, “How 401(k) Matching Works,” that explains the mysteries of employer match contributions.

The specific terms of 401(k) plans vary considerably. Other than the requirement to adhere to certain required contribution limits and withdrawal regulations of the Employee Retirement Income Security Act (ERISA), the sponsoring employer decides on the specific terms of each 401(k) plan. Whatever the match amount, it’s free money added to your retirement savings.

Gen Xers Are the New Sandwich Generation

Published on: May 1, 2019 | By McCulloch & Miller, PLLC

Balancing careers, children, college funds and aging parents present the same-old scenario, but this time to a new generation with a different value system.

Members of Generation X, who straddle a fairly wide age range, from late 30s to early 50s, are feeling the crunch of being responsible for their children and their parent’s needs. How will they ever get a handle on their savings for their own retirement?

U.S. News & World Report reminds us in its article “Essential Strategies for Generation X” that with the right strategies, Gen Xers can find a money-life balance.

Boomers Should Prepare For Life

Published on: April 29, 2019 | By McCulloch & Miller, PLLC

Boomers are more willing to plan their own funerals, than to prepare for an extended stay in a nursing home. Both are inevitable events for most of us.

With more than 10,000 people celebrating their 65^th birthday every day in America, and the startling statistic that 70% of us will need long-term care at some point during our lifetimes, it would make sense that more of us would be planning for long-term care. And yet…boomers seem to be more comfortable making plans for a memorial service, than they do for a nursing home visit. The cost of long-term care is big, and it’s not covered by Medicare. Surprised? So are families, when the bill comes.

The Motley Fool’s recent article, “Baby Boomers Are More Prepared for Death Than Life,” says most baby boomers are either unprepared or haven't planned for a long-term care expense, according to a Bankers Life survey of 1,500 middle-income Americans aged 54 to 72. The results show that baby boomers were more likely to plan for their own death, than to have a long-term care plan. About 81% made some kind of funeral arrangements for when they pass away, but just 32% have a plan for how they’ll get care in retirement. The lack of long-term care planning is a significant issue, when you compound this with the harm that such a huge unexpected expense has on a person’s retirement savings, especially in cases where a nest egg is small to begin with.

5 Biggest Mistakes of Beneficiary Designations

Published on: April 25, 2019 | By McCulloch & Miller, PLLC

There’s an easy way for select assets to be passed to heirs, with no need for probate. It’s called the beneficiary designation.

Your will is a document that is used to pass property and assets to your heirs, but it’s not the only way.

Certain accounts or assets have beneficiary designations, where you provide instructions on who is to receive assets when you die. Most people don’t realize that the beneficiary designation is more powerful than the will, and directions in a will are overruled by the beneficiary designation.