Houston Estate Planning and Elder Law Attorney Blog

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.

Handling Harvey: Your Powers of Attorney

Published on: August 31, 2017 | By McCulloch & Miller, PLLC

Many people have heard of Powers of Attorney, and now, during this time of unprecedented disaster and flood, these two documents are more important than ever. There are two Powers of Attorney – the Durable (Financial) Power of Attorney and the Medical Power of Attorney.

The Durable Power Attorney allows you to name someone as your “agent” who can act for you on any financial or other asset-related action that you have authorized. For example, you may have an elder parent who may have been evacuated from an assisted living facility and cannot access their bank accounts, or, you yourself may have been evacuated and the last thing on your mind is how to pay certain bills. With a Durable Power of Attorney in place, the person you name as your agent can act for you and alleviate that pressure, so that you can focus on you and your family’s recovery.

A Medical Power of Attorney works in a similar manner. A Medical Power of Attorney allows you to name someone as your “agent” to make medical decisions for you. For example, say you were injured while evacuating or in a car wreck and could not make medical decisions for yourself. By nominating an agent, that person could make decisions regarding your treatment. Conversely, if you have an elder parent, they could name you as their agent and you could make decisions regarding their treatment. Having a Medical Power of Attorney may relieve your caregivers and loved ones from some of the hoops they would have to jump through to otherwise ensure that you would receive proper care.

Handling Harvey: IRS Tax Relief

Published on: August 31, 2017 | By McCulloch & Miller, PLLC

Taxpayers who have a valid extension until October 15, 2017 to file income tax returns and who live in the covered Texas disaster area may be helped by the IRS extending the filing periods.

IRS announced certain relief from deadlines relating to filing and certain tax deposits for Hurricane Harvey victims. The IRS action covers filings that were due or matters that occurred on or after August 23, 2017(1). Returns for tax payers who have valid filing extensions in the affected Texas Counties have filing deadlines extended again until January 31, 2018. The extensions for eligible taxpayers also includes the quarterly estimated income tax payments originally due on Sept. 15, 2017 and Jan. 16, 2018, and the quarterly payroll and excise tax returns normally due on Oct. 31, 2017. In addition, penalties on payroll and excise tax deposits due on or after Aug. 23, 2017, and before Sept. 7, 2017, will be abated as long as the deposits were made by Sept. 7, 2017.

Generally, the persons eligible for this relief include individuals who live, and businesses whose principal place of business is located, in the covered disaster area. The returns eligible include individual, corporate, and estate and trust income tax returns; partnership returns, S corporation returns, and trust returns; estate, gift, and generation-skipping transfer tax returns; and employment and certain excise tax returns), that have either an original or extended due date occurring on or after Aug. 23, 2017, and before Jan. 31, 2018. Affected taxpayers that have an estimated income tax payment originally due on or after Aug. 23, 2017, and before Jan. 31, 2018, will not be subject to penalties for failure to pay estimated tax installments as long as such payments are paid on or before Jan. 31, 2018.

How Does a Living Trust Work?

Published on: August 11, 2017 | By McCulloch & Miller, PLLC

Living trusts can achieve different goals, depending upon how they are drafted. Knowing the fundamentals will help you decide how to go forward.

It’s important to know that not all living trusts are the same. However, common reasons for using a living trust are for privacy and avoiding probate. Placing assets in a living trust also provides protection to beneficiaries from divorce, nursing home costs, legal actions and creditors. Should a living trust be part of your estate plan?

The Green Bay Press-Gazette’s recent article, “Common questions about a living trust,” notes that this can be especially important for a beneficiary who may have special needs. A Special Needs Trust can be created so their government program benefits, like Medicaid, won’t be impacted by their inheritance. Let’s look at some specific situations:

More Changes Coming to Medicare in 2018

Published on: August 10, 2017 | By McCulloch & Miller, PLLC

Higher fees are coming to high earners, when income thresholds for the highest surcharge tiers drop even further next year.

If you were hit with premium surcharges for Medicare Part B and Part D already, these costs will increase again in 2018, according to a recent article in Kiplinger, “Medicare Surcharge Thresholds to Drop.”

This recalibration of the trigger points was a part of the Medicare Access and CHIP Reauthorization Act of 2015, also called the "Doc Fix" law, which ended the annual battles over fee schedules for doctors' Medicare payments. To help pay for the permanent fix, lawmakers have asked high-income beneficiaries to foot the bill.

How Long Does It Take to Get a Payment from a Life Insurance Policy?

Published on: August 9, 2017 | By McCulloch & Miller, PLLC

Most life insurance companies are quite efficient. However, you will need the right documents.

One of the basic tasks that follow the loss of a spouse or family member is figuring out what life insurance policies were in place and contacting the insurance company or companies to find out how to file for claims. How long it takes to receive the death benefit varies, but for the most part, insurance companies move quickly.

As a follow-up, what happens if the beneficiary doesn't know about the life insurance policy?

Estate Planning 101: Check Your Beneficiary Designations

Published on: August 7, 2017 | By McCulloch & Miller, PLLC

Unless you really want to give your ex the proceeds of your life insurance or 401(k), it is best to take the time to do this one task.

If you haven’t looked at the paperwork for your life insurance policies, bank accounts, retirement accounts, investment accounts and any other asset that names a beneficiary, right now would be a good time to take a look—especially if you haven’t done so in years. The number of horror stories of assets going to untended people would surprise you. It’s such an easy fix that is all too often forgotten.

MarketWatch’s recent article, “Make this estate planning move right now: Check your beneficiary designations,” explains how the Fifth Circuit Court of Appeals reversed the trial court by finding that a pension plan administrator didn’t abuse her discretion in determining that a deceased plan participant’s stepsons weren’t considered his “children” under the terms of the plan. As a result, the deceased participant’s siblings, not his stepsons, were entitled to inherit the plan benefits in Herring v. Campbell (5th Circuit 2012).

How are 401(k)s and IRAs Different?

Published on: August 4, 2017 | By McCulloch & Miller, PLLC

New regulations from the Department of Labor may come into play for Americans deciding which type of account is best for their retirement savings.

There are significant differences between 401(k)s and IRAs, and as reported in a recent post on wjbf.com, “Advantages and disadvantages to a 401k and an IRA,” a number of new regulations from the Department of Labor makes this a good time to review the pros and cons of these popular retirement savings plans.

401(k): A 401(k) can potentially be less expensive than other investment vehicles, due to the number of participants. Many also have a loan provision for access to your principal, if you need it in an emergency. If you retire early, qualified plans may have an age 55 withdrawal privilege that gets you around the 10% withdrawal excise tax provision. However, if you’re still working, you may be able to push back your required minimum distribution (RMD), if you’re over age 70 and still participating in the plan. You’ll also have creditor protection in the typical qualified plans. Those are some of the general positives.

Seniors continue to be Vulnerable to Lottery Scams

Published on: August 2, 2017 | By McCulloch & Miller, PLLC

The sad truth is, foreign lottery scams are still around because they are successful for the scammers. Millions of Americans are targeted every year.

The first reaction from someone receiving a letter about a large award is often a wave of relief, especially if they are facing financial problems.

For an elderly couple who love their home and are having troubles with their finances, the arrival of a letter saying they’d on $4.5 million in a Spanish lottery seemed like an answer to their prayers. The story, reported by woodtv.com, “88-year-old nearly scammed by fake lottery, warns others,” starts out like so many similar scenarios. Luckily for this couple, a trusted estate planning law firm helped them steer clear.