Houston Estate Planning and Elder Law Attorney Blog

6 Common Estate Planning Mistakes To Easily Avoid

Published on: May 23, 2019 | By McCulloch & Miller, PLLC

This grim topic deserves your attention. If you haven’t made plans for what will happen after you die, your loved ones will have to pick up the pieces.

Here’s the nice part about this serious subject: once you have created an estate plan, you will have a clearer understanding of what the future will hold for your heirs. You’ll know that you did the right thing, and that you didn’t just leave the ones you love to clean up a mess. That’s just one reason to have an estate plan.

If you need more reasons, here’s what happens if you don’t have a plan, as recently outlined in The San Diego Tribune’s recent article, “6 estate-planning mistakes to avoid.” Without an estate plan, everything is more stressful and expensive. Let’s look at the top six estate-planning mistakes that people need to avoid:

Should You Make Lifetime Gifts While Living?

Published on: May 22, 2019 | By McCulloch & Miller, PLLC

Some people give generously all year long, supporting local nonprofits and taking care of their family members. If that’s you, perhaps it’s time to consider taking a more strategic approach to lifetime giving.

Not everyone gives because they are looking to minimize their taxes. If you’ve reached the age and stage where you have accumulated more than enough wealth to retire on, you may enjoy being generous and seeing the impact your gifts can have on the lives of those you love, or those who are less fortunate.

WMUR’s recent article, “Money Matters: Lifetime non-charitable giving,” explains that lifetime giving means you dictate who gets your property. Remember, if you die without a will, the intestacy laws of the state will dictate who gets what. With a will, you can decide how you want your property distributed after your death. However, it’s true that even with a will, you won’t really know how the property is distributed, because a beneficiary could disclaim an inheritance. With lifetime giving, you have more control over how your assets are distributed.

“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.