Houston Estate Planning and Elder Law Attorney Blog

When Was the Last Time You Reviewed Beneficiary Designations?

Published on: September 1, 2018 | By McCulloch & Miller, PLLC

Talk about a train wreck waiting to happen: beneficiary designations from three or four decades ago can really create a problem for your heirs—or those you thought were your heirs.

Most people fill out beneficiary forms when they start a new job, open an investment account and open bank accounts. Then they forget about those forms—often for decades. Those people named as beneficiaries way back when, are now their heirs—whether they want them to be or not.

Wealth Advisor’s recent article, “Designated Survivor: Beneficiary Designations Can Make–or Break–Your Estate Plan,” reminds us that beneficiary designations override the terms of your will or trust. To avoid any unintended consequences, it’s very important to review your designations with your estate planning attorney. Think about the following:

Deciding About Putting Your Estate Plan Online?

Published on: August 28, 2018 | By McCulloch & Miller, PLLC

Whether your estate plan documents are stored in the cloud or a filing cabinet, make sure to tell your family members, representatives and executors where you’ve placed these important documents.

Chances are you spend a lot more time online with your digital assets than you think. With digital assets and our comfort level with life online growing daily, it’s a matter of time before your start wondering about placing your documents in the cloud. However, as noted by CNBC in a recent article, “Here's what you need to know before storing your will online,” there are pros and cons to this brave new world.

Some of the benefits to storing important information online, include portability and ease of access. Your documents will be available anywhere there’s an internet connection.

Medicare Facts and Penalties You Need to Know

Published on: August 24, 2018 | By McCulloch & Miller, PLLC

Start with the basics, to make sure you’re making informed decisions.

Created in July 1965 as part of the Social Security Act, Medicare is how most adults over age 65 cover their healthcare costs. Medicare has four parts. They are Part A: Hospital, Part B: Outpatient Services, Part C: Medicare Replacement and Part D: Prescription Drugs. This useful article from Think Advisor, “Essential Medicare Facts & Penalties Advisors Should Know on One Page,” covers Medicare fundamentals.

As a general rule, if you are 65 and you or your spouse have paid Medicare taxes for at least 10 years, you may enroll in the program. Those under 65 may also enroll, if they are disabled or have end stage renal disease.

The Empire State Takes Steps to Protect Seniors from Abuse

Published on: August 23, 2018 | By McCulloch & Miller, PLLC

Talk about going big–New York’s Governor Cuomo is expanding services for seniors at risk of elder abuse with an $8.4 million package, combining state and federal funding.

Governor Cuomo announced that services for vulnerable adults at risk of abuse, neglect or financial exploitation will be improved through a new initiative developed by the state’s Office of Victim Services and the Office for the Aging, named the Elder Abuse Interventions and Enhanced Multidisciplinary Teams Initiative.

The program will fund and support 23 existing multidisciplinary teams that are now fighting elder abuse and will establish additional teams to serve every county in the state by the fall of 2020, according to the website, longisland.com’s article, “Governor Cuomo Announces $8.4 Million To Combat Elder Abuse And Financial Exploitation Statewide.”

New Tax Law Calls for An Estate Plan Review

Published on: August 21, 2018 | By McCulloch & Miller, PLLC

Don’t assume that the new tax law means that you don’t need an estate plan. If anything, you need to review your estate plan to make sure you’re not missing out any new opportunities.

When was the last time you reviewed your estate plan? If it’s been more than a few years, you could be risking making some big mistakes, in terms of taxes and what you leave behind for your loved ones.

The new tax law in effect doubles the federal estate-tax exemption to roughly $11.2 million per person. As a result, most people won’t be subject to federal estate tax. However, before you unfriend your estate planning attorney on social media, understand that the drastic increase in the federal exemption amount means that old wills and trusts may be in dire need of an update.

Making Smart Decisions About Your Pension

Published on: August 20, 2018 | By McCulloch & Miller, PLLC

The burden of saving for retirement shifted from employers to employees. It is now unusual for companies to offer pensions. If you’re lucky enough to have one, make your decisions wisely.

It’s hard to imagine today, but years ago, it wasn’t unusual to stay with one company for a lifetime, then retire and collect a generous company-provided pension that lasted as long as you lived.

Investopedia’s recent article, “Choosing How and When to Receive Pension Benefits,” reminds us that times have changed. Pensions have been replaced in large part by 401(k)s or other employer-sponsored savings plans. Those fortunate enough to still have a pension, will make it a large part of their retirement plan. If you have a pension, you’ll have to make some decisions, when you are ready to retire.

Why 529s Are Good for Everyone

Published on: August 17, 2018 | By McCulloch & Miller, PLLC

529 plans are a great way to help parents with taxes and college costs. Grandparents, aunts and uncles and anyone who wants to pitch in, can also benefit.

Starting to put aside money in a 529 college plan when children are very young, is a wonderful way to push yourself to save over an extended period of time, with some added benefits. Your kids get the advantage of having more funds to draw on for college, and you get an investment that grows tax free. It’s a good deal for everyone.

The Green Bay Press Gazette’s recent article, “Benefits of 529 college savings plans keep giving,” reports that the state of Wisconsin’s 529 plan is called the Edvest College Savings Plan.

What are the Taxes When Inheriting an Out of State Vacation Home?

Published on: August 15, 2018 | By McCulloch & Miller, PLLC

When the family vacation home is passed from one generation to the next, there are certain tax issues to be aware of, particularly the step-up in basis. However, there may also be state taxes.

The first part of understanding the tax responsibility when you plan on giving it to your family vacation home to adult children who live out of state, is to understand the definition of “basis” and “step-up in basis.” These terms refer to income taxes and are used to determine any gains or losses on the sale of the property.

When you die, property that you own or control is valued as of the date of death. The children who inherit the property take it with that value as their basis. The first thing is to determine the parent’s basis in the property. You should then look at how the basis of inherited property is handled. Generally, the basis of property inherited from a decedent is one of the following:

Choose Executor, Agent and Trustees Carefully

Published on: August 13, 2018 | By McCulloch & Miller, PLLC

Selecting the individuals who will make important decisions on your behalf, when you are incapacitated or have passed away, is not to be done lightly.

Is there a bomb ticking quietly in your estate plan? The chances are good that there is, says Forbes in “Defusing The Time Bombs In Your Estate Plan.” The only question is, how big will that explosion be? The “bombs” are the people, or the individual, who you name to act on your behalf.

Whether they act during your lifetime or after you pass away, these individuals frequently can make or break your estate plan. They can determine the fates of family relationships and financial security. However, most people don’t realize the potential consequences of their surrogates’ actions. As a result, they don’t give sufficient thought to whom they appoint to these important roles.

Buzz Aldrin’s Capacity Case Illustrates Need to Plan for Aging Issues

Published on: August 10, 2018 | By McCulloch & Miller, PLLC

Even when planning for competency issues is in place, there can still be problems. When a highly-intelligent public figure makes decisions his kids thinks are wrong, who is right?

The case of Buzz Aldrin, who is taking his son and daughter to court on charges of fraud, conspiracy and exploitation of the elderly, is a tough one. He’s accusing his adult children and his longtime manager of slandering him, by telling others he has dementia and Alzheimer’s diseases, using his money for their own gain and undermining romantic relationships.

The 88-year-old astronaut’s lawsuit illustrates the reason it's important for families to plan ahead for an aging parent. However, cases like Aldrin's can be hard, because it can be difficult to determine when someone has a deteriorating mental capacity, explains Good 4 Utah in the recent article, “Buzz Aldrin lawsuit shows need to plan for aging parents.”