Houston Estate Planning and Elder Law Attorney Blog

George Michael’s Ex Isn’t Giving Up Just Yet

Published on: July 16, 2019 | By McCulloch & Miller, PLLC

There were a lot of headlines after Kenny Goss and Michael’s former lover Fadi Fawaz were cut out of the late singer’s will. Fawaz is now reported to be planning to contest the will.

Most of the late George Michael’s £98 million estate will be shared by his sisters Yioda and Melanie. There were also provisions made in the will for his father Kyriacos, as well as for his close friends and former members of his staff.

“George was devoted to his dad and sisters, they were always going to be looked after,” a source told The Sun.

Stan Lee and Peter Max’s Elder Abuse Cases

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

There are definitely advantages to all the perks of fame and fortune that come with being a celebrity. However, aging celebrities are just as vulnerable as regular people, when it comes to elder financial abuse. The major difference is that their stories are reported in the news.

Recent news stories about both the late legendary Marvel comic book creator Stan Lee and ‘60s psychedelic artist Peter Max are sad reminders that elder abuse can happen to anyone, no matter how famous or talented they are. There are a few striking similarities in what happened to Peter Max and Stan Lee, as reported by Next Avenue in the article “Stan Lee and Peter Max: What to Learn From Their Elder Abuse Cases.”

Both of these highly creative and successful men were taken advantage of by people who they trusted and who they were close to. In Stan Lee’s case, Keya Morgan, his former business partner and caretaker, was arrested for elder abuse, false imprisonment and grand theft of an elder dependent adult. The family says Lee was isolated from the family and then moved out of his home. There is now a restraining order against Morgan.

What You Need to Know About Capital Gains and Dividend Income

Published on: July 12, 2019 | By McCulloch & Miller, PLLC

Almost every type of income comes with a tax consequence. Capital gains and dividends are both income but they are treated differently when it comes to taxes.

Understanding the difference between capital gains and dividend income can have an impact on portfolios and tax planning. That includes the difference in how these two incomes are taxed, says Investopedia in the article, “Capital Gains vs. Dividend Income: What's the Difference?”

Capital is the initial sum invested. A capital gain is a profit you get when an investment is sold for a higher price than the original purchase price. An investor doesn’t realize a capital gain until an investment is sold for a profit.

How Trusts Solve Problems in Estate Planning

Published on: July 11, 2019 | By McCulloch & Miller, PLLC

Think of trusts like the Swiss army knives of estate planning. There are many different trusts that are used to accomplish many different tasks.

At its essence, a trust is a legal document that permits a third party, called the trustee, to hold assets on behalf of a beneficiary. The trustee has a fiduciary duty to the beneficiary, that is, the trust must put the beneficiary’s needs first. The trust document is drafted to address issues like how and when assets pass to the beneficiaries, what conditions must be met for the beneficiaries to receive assets, etc.

Because trusts usually avoid probate, the beneficiaries can get access to these assets more quickly than they might if the assets were transferred using a will. If it’s an irrevocable trust, it may not be considered part of the taxable estate, which means there will be fewer taxes due at your death.

Why Do I Need a Durable Power of Attorney?

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

Having a durable power of attorney in place makes sense for some people. If you unexpectedly became ill or incapacitated, this would allow someone to take over your finances, including paying bills, checking on investments and managing the business side of your life.

A power of attorney is a legal document that lets an individual name another person or a financial institution to handle financial transactions for another person. The person who is given power of attorney, who becomes the individual’s “agent,” has a lot of responsibility, says WMUR’s recent article, “Why you need a financial durable power of attorney.” When there is no power of attorney in place, the spouse or family will need to go to court, before they can act on their loved one’s behalf.

Whether you’re young, elderly, single or married, it’s a good idea for everyone to have a power of attorney. For married couples, while your spouse can usually take care of the basic finances, many financial transactions require both spouses’ signatures. For those assets in your name only, your spouse will have no access.

Who Pays the Car Lease if the Lease Holder Dies?

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

If you are among the millions of Americans who prefer to lease a car rather than buy it, you have obligations that are spelled out in the lease agreement. That contract and the laws of your state direct what happens, when a lease owner passes away.

What if the salesman at the car dealership shakes your hand and says don’t worry about a thing when you ask if your spouse is responsible for a lease if you die? Check the fine print, advises nj.com in the article “What happens to my car lease when I die?” There are a few parties to that contract, including the car dealership, the financing company and the person leasing the car.

Remember that a vehicle lease is a contract, so if you're the executor who’s managing the deceased person's affairs, you should review the terms of the vehicle lease. In some instances, death may be classified as an "early termination" of the lease, and payment obligations may continue.

Medicare Doesn’t Cover Everything

Published on: July 8, 2019 | By McCulloch & Miller, PLLC

Life before Medicare was a real struggle for seniors without healthcare coverage. Today’s program still works wonders, but it doesn’t cover everything.

Once you turn 65, you are eligible to take part in the Medicare system of healthcare. It can be a little confusing to apply, and sometimes a little hard to figure out what it will and won’t cover. Traditional Medicare, also known as “Original Medicare,” should cover most of your medical expenses through Medicare Part A and Part B. Part A is all about hospital insurance: inpatient stays, skilled nursing facilities for some costs, surgery, hospice care and some home health care. Part B helps to pay for things like some medical equipment and supplies, some preventive services, doctor visits and outpatient care. Three months before you reach age 65, you need to sign up for Medicare.

Kiplinger’s article, “7 Things Medicare Doesn't Cover,” takes a closer look at what isn't covered by Medicare, plus some information about supplemental insurance policies and strategies that can help cover the additional costs, so you don't end up with unanticipated medical bills in retirement.

What to Do With a Timeshare When the Owner Dies Without a Will

Published on: July 5, 2019 | By McCulloch & Miller, PLLC

Some people love their timeshares and plan their getaways around the timeshare company’s offerings. Others are excited at the start, and then find that it simply doesn’t work for them. For heirs, a timeshare can be problematic.

When a timeshare owner dies, the timeshare will usually be part of the deceased owner’s estate, according to nj.com’s recent article, “My dad had a timeshare and died without a will. I don’t want it. What do I do?” The contractual obligations of the timeshare owner become the responsibility of the next-of-kin or the beneficiaries of the estate.

When the timeshare company hears of the owner’s death, they may keep sending letters to him for his expenses. Is there any way that the owner’s children could be held responsible for the timeshare expenses?

Digital Assets and Your Estate Plan

Published on: July 3, 2019 | By McCulloch & Miller, PLLC

Digital property needs to be addressed in your estate plan just as tangible assets like real estate. Not planning for a digital afterlife is increasingly important.

How many hours do you spend on your smart phone, laptop or desktop, busy with work emails, personal emails, social media platforms, gaming, networking and more? In addition to the time spent, chances are good you have many digital properties: photos, music, financial accounts and more. Today’s estate plan needs to include your digital afterlife.

Without a clear plan in place, it can be a major headache for your family when you pass away, says The Street in the recent article, “Estate Planning in a Digital World.”

How Does a Medicaid Annuity Work?

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

When one spouse needs nursing home care and the other is healthy, there are several approaches that can be taken to securing Medicaid coverage. An elder law estate planning attorney should be contacted, since every situation is different. For some couples, a Medicaid-compliant annuity may be a solution.

What happens when one person needs long-term nursing home care, but does not have long-term care insurance and the family cannot afford to pay out of pocket? Applying for Medicaid is difficult if you have too much money to qualify, but not enough to allow the healthy spouse to afford to pay their bills.

Doing a “Medicaid spend down” requires the person to become broke, before they are eligible. What happens to the spouse’s lifestyle? One solution is a Medicaid Annuity, as described in U.S. News and World Report’s recent article, “What Is a Medicaid Annuity?”