Houston Estate Planning and Elder Law Attorney Blog

Why Are Handwritten Wills Risky?

Published on: June 27, 2019 | By McCulloch & Miller, PLLC

While there are a surprising number of states that do accept holographic or handwritten wills, there are still requirements that must be met, or the will is deemed invalid.

After her death last August, it was thought that Aretha Franklin had no last will and testament. However, as relatives have been going through her home and personal effects, it appears that not only did she have a will, she handwrote three wills, including one that was found stashed under a cushion.

Each of Aretha’s wills is handwritten. The three documents have been submitted as part of the probate process to have the court determine if any of them will have legal standing.

Elder Abuse Numbers Continue to Increase

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

The number of seniors being exploited or abused quadrupled from 2013-2017. Tracked now by a number of financial institutions that submit data to FinCEN, a federal government watchdog agency, elder abuse has become a national epidemic.

More than 180,000 Suspicious Activity Reports submitted by banks to the federal government were analyzed by the Consumer Financial Projection Bureau (CFPC). For professionals working in estate planning and probate law, the numbers are not surprising. They routinely hear tales of exploitation by scammers, family members and caregivers from families who are seeing elderly loved ones being taken advantage of, says ABC 15 Phoenix’s recent online report, “Protecting seniors from financial predators.”

Families reach out to these attorneys who specialize in senior issues because they're concerned that a grandparent or parent is being scammed.

Can I Sell A Long-Term Care Insurance Policy?

Published on: June 17, 2019 | By McCulloch & Miller, PLLC

If a couple is thinking that they can sell the long-term care portion of a policy, because their HMO will cover the cost of long-term or skilled nursing care, they need to think again.

All too often, people think that they have found a simple solution to a complicated problem, and then it turns out that it doesn’t work the way they thought it would. To prevent an expensive mistake, speak with an experienced estate planning attorney, before making an expensive mistake.

While there is a market to sell life insurance through what is known as a life settlement, there’s no market for long-term care policies.

Is a Death Tax the Same as an Inheritance Tax?

Published on: June 14, 2019 | By McCulloch & Miller, PLLC

Estate tax, death tax, income tax and inheritance tax: what do they mean for your estate and your heirs? You’ll want to be sure to know the difference between them, as you create your estate plan.

Most people don’t have to worry about the federal estate tax, which is often referred to as the death tax. Unless your estate is valued at more than $11.4 million ($22.8 for couples), you won’t be paying this tax. However, says Forbes in a recent article, “Eight Things You Need To Know About The Death Tax Before You Die,” that doesn’t mean your estate and your heirs won’t have to pay income taxes or inheritance taxes.

Assets in your name only and everything else you had control over will be added into your gross estate. For example, all stocks, bonds, bank accounts and life insurance death benefits are included, as well as any real estate, business interests, jewelry, household furnishings and artwork.

What Single Parents Need to Know About Estate Planning

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

Estate planning requires making some of the most important decisions a parent can make for their child’s well-being.

Single parents need to plan in advance for what will happen to their children, whether they are minors or adults. That includes preparing for the parent’s incapacity, as much as it does for their passing.

Talk to a qualified estate planning attorney and let him or her know your overall perspective about your children, and what you see as their capabilities and limitations. This information can frequently determine whether you restrict their access to funds and how long those limitations should be in place, in the event you’re no longer around.

Could Aretha’s Handwritten Wills Be Valid?

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

Despite early reports that she had no will, it seems the Queen of Soul spent a fair amount of time creating three wills to provide for her four sons and leaving behind some strong opinions of the people in her circles. She just didn’t share those wills with her attorney.

When Aretha Franklin died of pancreatic cancer last August, it seemed that she had joined the ranks of many celebrities who never created their wills or thought much about what they wanted their legacy to be.

The Detroit News’s recent article, “Handwritten wills found in Aretha Franklin home favor her four sons” reports that three handwritten wills have been discovered in one of her homes.

Finished Your Will? Your Estate Plan’s Not Done Yet

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

Asset titling is the sticking point, where many estate plans fail. The best plan can be undone, if assets are not retitled or accounts are not funded.

Retitling assets means just that—changing the name of the asset, whether it’s a deed to a home or a name of an insurance policy. If assets are not retitled to conform to the estate plan, they won’t be protected or won’t be distributed as you and your estate attorney had planned.

Forbes’ recent article, “For Estate Plan To Work As Intended, Assets Must Be Properly Titled” notes that with the exception of the choice of potential guardians for children, the most important function of a will is to make certain that the transfer of assets to beneficiaries is the way you intended.

Should a Reverse Mortgage Be Part of My Retirement Plan?

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

If you’ve got a fair amount of equity in your home and no other way to cover a healthcare cost or if the bills are coming in faster than your retirement accounts can manage, it might be time to consider a reverse mortgage.

For retirees in a financial tight spot, a home equity line of credit or borrowing against an existing home equity line of credit can provide a short-term solution. If you are at least 62 with a home that is not heavily mortgaged, a reverse mortgage is another option.

A revere mortgage gives you tax-free cash. No repayments are due, until you die or move out of the house.

What’s the Difference Between a Prenup and a Postnup?

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

Whether you and your spouse have a pre or post nuptial agreement, they are a good way to make divorce or death a little less overwhelming.

If you are wealthy, expect an inheritance or have been married before and have children from a prior marriage, you may want to consider a prenup or a postnup as a useful planning tool. An article from Investopedia, “Prenup vs. Postnup: How Are They Different?” explains why these documents are important.

A prenuptial, made before the marriage occurs, or a postnuptial, made after you’ve said your wedding vows, serves to protect both parties from the emotions (and some of the drama), if the marriage should hit the skids or when one of the couple dies.

Special Needs Planning and ABLE Accounts

Published on: May 24, 2019 | By McCulloch & Miller, PLLC

How the “Achieving a Better Life Experience” Act, known as ABLE, provides a mechanism to create a tax-advantaged savings tool for individuals with disabilities and their families.

The benefits for income, health care, food and housing for disabled Americans are awarded based on a resource test, so that individuals who seek benefits are typically limited to have no more than $2,000 in savings or assets. This includes eligibility for Supplemental Security Income (SSI), SNAP and Medicaid.

In 2014, Congress passed legislation allowing people with disabilities to establish an account, similar to a special needs trust and with some similarities to a 529 college savings account, to accumulate funds to pay for qualified disability expenses. The legislation was named the Achieving a Better Life Experience Act (ABLE).