Houston Estate Planning and Elder Law Attorney Blog

Best Time to Start on a Succession Plan? The Day You Start Your Business

Published on: November 15, 2017 | By McCulloch & Miller, PLLC

It may sound whimsical, but the moment you open a business is also the time to start thinking about how you’ll exit the business, whether you intend to sell to a partner, leave the entire business to a family member or sell as soon as you come up with the next big idea.

One of the biggest mistakes made by entrepreneurs is failing to create a written plan for their long-term exit strategy. What they don’t understand is that by creating a succession plan, which includes ways to boost the value of the business years before you want to sell or retire, they’ll have a created a road map for a more successful business.

Springfield (MO) Business Journal’s recent article, “Starting a business? Plan your exit now,” advises that you begin with creating a culture of success with your employees, especially the key people. That means fostering an ownership mentality, so they see their critical role in the company’s long-term success and their role in helping that to continue in the future, long and short term.

Spotlight on Abuse of Elderly through Guardianship a National Issue

Published on: November 14, 2017 | By McCulloch & Miller, PLLC

It sounds like a nightmare scenario, and for many elderly, it is a reality: a court appoints a guardian and they lose the ability to make decisions about their assets and their lives, often with no advance warning.

An article in Reuters reports on a journalist’s investigation that revealed a case where a private guardian was appointed by a court in Nevada and got a court order making her guardian of a couple who had an adult daughter. With no advance notice to the couple or their daughter, the guardian sold all of their assets and got them admitted to a nursing home.

Reuters’ article, “With U.S. elder abuse in spotlight, a look at guardians,” reports that the abuses of private-guardian systems in some states have been known by policy and legal experts for years.

Data on Retirement and Health for Americans Presents a Challenge

Published on: November 13, 2017 | By McCulloch & Miller, PLLC

Americans in their fifties and sixties may want to think twice about putting off their “bucket list” trips and accomplishments. Recent statistics indicate you may be better off enjoying life now.

As the government shifts retirement ages higher and employees are working later in life, the health of Americans is changing, and not for the better. According to a recent article in Think Advisor, “Americans Are Retiring Later, Dying Sooner and Sicker in Between,” millions of Americans will likely have shorter and far less active retirements than their parent’s generation.

The U.S. age-adjusted mortality rate, which is a measure of the number of deaths annually, increased 1.2% from 2014 to 2015, according to the Society of Actuaries. It’s the first year-over-year increase since 2005, and only the second rise greater than 1% since 1980.

Lawmakers in Michigan Want to Make Elder Abuse a Felony

Published on: November 1, 2017 | By McCulloch & Miller, PLLC

A recent case of elder abuse in Michigan that resulted in only a misdemeanor, may have been the last straw for legislators. They introduced a law that would make it a felony, if a person was convicted of harming a vulnerable adult or senior citizen.

The punishment for causing serious physical or mental harm to a vulnerable adult in Michigan is only a misdemeanor, according to a recent article in WZZM, “Lawmakers introduce tougher laws to protect vulnerable senior citizens.” However, that may be changing soon.

Legislation that was recently introduced in Michigan's House of Representatives would toughen the penalties for somebody who "assaults another person that he or she knows or reasonably should know is an elder adult or vulnerable adult", which "causes physical injury, pain, or mental suffering" to them. The individual would be guilty of a felony punishable by imprisonment for more than four years or a fine of not more than $5,000.

How Can a Roth IRA Reduce the Tax Burden Facing Your Heirs?

Published on: October 30, 2017 | By McCulloch & Miller, PLLC

There’s more than retirement savings power in a Roth IRA. Used properly, it can help cut your beneficiary’s tax liability, regardless of if and when tax reform becomes reality.

If you’re interested in reducing the taxes your heirs will have to pay, you’re probably concerned about the discussion about tax reform going on in Washington these days. Unfortunately, there’s no way to be certain what, if any, changes will actually occur. In the meantime, your estate planning attorney can help you structure your estate, so that less of it ends up being consumed by taxes. That includes moving funds into non-taxable accounts, including Roth IRAs.

Motley Fool’s recent article, “A Clever Way to Cut Your Heirs' Income Taxes,” says the money you put into a Roth retirement savings account has already been taxed. It was taxed on the contributions you made or as a rollover from a tax-deferred retirement savings account. As a result, everything in that account is now non-taxable for income-tax purposes. As the Roth has been open for at least five years prior to your death, the money in that account won’t be subject to federal income taxes.

Living Trusts and Trustees: What You Need to Know

Published on: October 18, 2017 | By McCulloch & Miller, PLLC

For living trusts, the person or people who set them up are usually named the initial trustees, but after that, there needs to be a successor trustee. Think carefully about who you would want to take on these responsibilities.

When the first spouse dies, the surviving spouse usually becomes the sole trustee, according to the article, “Women on Money and Mindset: Estate planning: choosing a trustee,” in The (Riverside CA) Press-Enterprise. When the second spouse dies, the trust passes to a successor trustee or trustees. Most people name an adult child, trusted friend or a family member who they trust. You can also name a bank or a professional fiduciary.

Children: Married couples often will name their oldest child as the successor trustee or they name all their children to act as co-trustees. This can work if there’s never been a divorce; there is only one child; she lives close; she doesn’t work and all the assets are investment accounts. However, most adult children will have full-time jobs. Adding the job of trustee can be a strain because it’s time-consuming and technical. The administrative burden of taking care of your final business can be overwhelming.

The Big Mistake People Make About Medicare and Assisted Living

Published on: October 16, 2017 | By McCulloch & Miller, PLLC

A large percentage of Americans require assisted living care at some point during their senior years. Their understanding of how that gets paid for is way off base. It’s a hard lesson to learn.

Approximately one-third of Americans (34%) thought that Medicare would cover their nursing home costs, as reported in a survey from the Associated Press-NORC Center for Public Affairs Research. Another third, 27%, may have been a little smarter to say that they weren’t sure.

That’s not true, says WRAL’s recent post, “Expect Medicare to cover assisted living? Think again.” These results may correlate with the fact that only 37% of Americans think they’ll need any care in their later years, but in reality, about 70% will require this care.

What You Need to Know About Wills

Published on: September 29, 2017 | By McCulloch & Miller, PLLC

Your best bet for making or changing a will, is to sit down with an experienced estate planning attorney, so that your will won’t be invalid. Mistakes in wills are not easily fixed.

Having an estate plan in place and discussing your estate plan with your loved ones in advance, can help eliminate some of the emotional turmoil that accompanies death. The South Coast Register from down under offers some worthwhile suggestions in “Dying to Know Day: Wills and won’ts of estate planning.”

A will is a legal document that lets you choose the relatives, friends, and charities who you want to inherit your assets when you die.

Why Life Expectancy Is Important to Financial Planning

Published on: September 27, 2017 | By McCulloch & Miller, PLLC

Statistically speaking, women live longer and earn less than men. That makes financial and retirement planning far more important for women.

It’s not pleasant to contemplate, but because women often take time out from their careers to raise children or take care of elderly parents and still earn less than their male colleagues, their life-time income is usually lower than the average male. While both sexes need to do financial and retirement planning, women are more likely to find themselves facing financial difficulties as they age.

The Marietta Daily Journal’s article, “With women living longer, more financial planning may be needed,” notes that while the gender pay gap is narrowing, in 2015 women earned 83% of what men earned, according to Bureau of Labor Statistics. This can mean that women get fewer Social Security benefits, save less for retirement, and have smaller pensions. Women are also more likely to live on their own in their senior years, either by choice, divorce or the death of a spouse.

Medicaid Matters—Here’s Why

Published on: September 26, 2017 | By McCulloch & Miller, PLLC

It is premature for anyone who depends upon either Medicaid or Obamacare to breathe a sigh of life. While recent attempts to repeal Obamacare have failed, both of these programs are being targeted.

Medicaid is far more important to more Americans than most people know. It does provide healthcare for the poor, but it also pays for long term care health care and nursing home care for millions of Americans.

Radio station WTOP in Washington, DC recently posted an article, “Why Medicaid matters to you,” which says that long-term care in the U.S. is extraordinarily expensive: the median annual cost of a private room in a nursing home is more than $92,000. A shared room costs more than $82,000. Expect these prices to continue to increase, since costs have risen by 19% since 2011. Similarly, the median price for care in an assisted living facility exceeds $43,500 and those seniors who want to stay at home with the help of an in-home aide from a home care agency pay $20 an hour or $175,000 a year for round-the-clock care.