Houston Estate Planning and Elder Law Attorney Blog

How to Prepare for Long-Term Care Costs in Houston

Published on: August 15, 2016 | By McCulloch & Miller, PLLC

The cost of long-term care can take a huge bite out of retirement savings, exhaust family resources and create strain on relationships. Don’t count on Medicare, but do plan in advance.

At least seven out of ten Americans age 65 and over will need long-term care at some point. Most people simply underestimate the cost of long-term care, or they think that Medicaid will cover the costs. Your best defense against long-term care costs: advance planning with professional help.

The Memphis Daily News article, “Long-Term Care – Not for Everyone,” says that Medicare does little for these costs and only for a short time period. Medicaid doesn’t apply until the assets of an estate are spent down, so many people must pay for these costs out-of-pocket. The article says that there are only two ways to address these expenses: with your investment/retirement portfolio and with long-term care insurance. Most people review the cost of long-term care insurance and elect to roll the dice, but when that first round of expenses hits, they probably will wish they’d bought it long ago. Now it’s usually too late to buy it. If you can afford to self-insure, you can save your estate and yourself some serious money.

Got Kids in Texas Colleges? You Need These Documents

Published on: August 11, 2016 | By McCulloch & Miller, PLLC

Far too many parents are stunned to learn that healthcare providers and colleges are by law not permitted to speak with them about their children without the correct documents in place.

That long-awaited, bittersweet moment has finally arrived: your children are headed off to college. They are now adults—and likely far from home, where they must learn to fend for themselves. But if they run into a problem, let’s say a health emergency, the hospital might not take your phone call. As reported in businessinsavannah.com’s article, “College-bound children need critical financial, health documents,” there are certain steps you can take so that you will be able to speak with doctors at a hospital and college officials on his or her behalf.

Otherwise, you’re not legally allowed to help him. Why not?

How to Address Giving Your Houston Home to Your Heirs

Published on: August 8, 2016 | By McCulloch & Miller, PLLC

Passing your home to your heirs can occur in a number of ways, depending upon your situation and your family. It’s not a do-it-yourself project—even in the simplest cases.

If you own a home and want to leave it to your loved ones, there are steps you need to take to ensure that your wishes are achieved. According to Fox News, “You're Going to Die—Here Are the Best Ways to Deal with Your Home,”, inheriting a collection of 80s Transformers action figures won’t have a big impact on your heirs, but a sizable asset like a house will.

Here are a few ways to help prepare now.

Divorce In The Mature Years

Published on: August 4, 2016 | By McCulloch & Miller, PLLC

by Leonard M. Roth, Board Certified Family Law Specialist

Unfortunately, divorce is a life-changing event for married couples of all ages. My grandparents divorced after 65 years of marriage. There are critical factors to consider when divorce happens in your older years.

Texas is one of nine community property states. Property acquired from work during marriage is considered to be shared equally by both spouses. Marriage is a sharing event, and neither spouse has a greater right to the community property than the other spouse, until a court is asked to divide the community estate on divorce. In most marriages, there is a separate property estate that must be confirmed, but not divided, by the court, and a community property estate that must be divided by the court.

Longer Life Spans for Special Needs Children Impact Parents’ Retirement Planning

Published on: July 29, 2016 | By McCulloch & Miller, PLLC

A dramatic increase in the number of adults with developmental disabilities, coupled with their increasing life spans, presents planning challenges for parents.

Special needs families are accustomed to things being more complicated, and retirement planning is no exception. Parents must plan for their own retirement as well as ensure that a plan is in place for the time when the parents are no longer able to care for their special needs child. That includes everything from the basics, like making sure that beneficiary designations are up-to-date, to ensuring that the child’s inheritance does not make the child ineligible for means-tested government benefits.

A recent MarketWatch article, “Parents of special needs children plan for two futures,” says that special needs parents are really planning for two lifetimes. In 2030, there will be approximately 1.2 million adults age 60 and older in the U.S. with developmental disabilities. That’s about twice as many of the 642,000 who fit that profile in 2000, according to 2012 research by the University of Illinois at Chicago. Also, according to the National Down Syndrome Society, today people with Down syndrome have a life expectancy of 60, compared with just 25 in 1983.

The Changing Role of Trusts in Estate Planning

Published on: July 27, 2016 | By McCulloch & Miller, PLLC

A legislative change made the use of trusts less necessary for most Americans, but there are still many situations where this planning tool is the best option.

When the American Taxpayer Relief Act became law, the $5 million exemption and the new rules on portability of the exemption for married couples (i.e., $10 million per couple) became permanent. The tax rate on estates over that threshold, now $5.45 million per person, was bumped up to 40%. Many people who had created trusts to protect their descendents from estate taxes had cause to grumble because their trusts were no longer necessary, according to CNBC in “What's the difference between an inheritance and a trust?”

The estate tax now only affects about 0.2% of the population, translating to about 600,000 Americans. This was one of the big reasons why people set up trusts over the last 20 years…to avoid estate tax consequences. But trusts continue to have an important role in estate planning.

Should Your Aging Parent Live with You?

Published on: July 25, 2016 | By McCulloch & Miller, PLLC

Whether or not an aging parent should live with their adult children raises issues for the parent and the children. There is no single or easy answer.

It usually starts when one spouse dies and an aging parent suddenly seems alone and vulnerable. The parent may bring it up first, referencing a long ago conversation when the adult children said they would never put their parent into a nursing home or similar facility. As described in Forbes’ “Aging Parents and The Rise of the Multi-Generation Household,” this promise is usually made when the parents are well and the natural response “of course not” is an easy answer. But situations change, and the answer is not always so simple.

The Dickensian concept of “being put in a home” is based on largely outdated ideas of poorhouses and debtors’ prisons. While perhaps a bit drastic, it may not be that far off for Depression-era kids who saw the treatment of seniors before Medicare and Medicaid provided some care. Some nursing homes are still found to violate government regulations, but most are decent, well managed and comfortable places to care for seniors who need a lot of attention for a multitude of medical needs. Licensed board and care homes may be another option for long-term care, usually at a lower cost than nursing homes. They don’t offer skilled nursing, but they do have a more intimate environment with a less institutional atmosphere.

How One Family Preserved a Legacy and a Fortune for Six Generations

Published on: July 15, 2016 | By McCulloch & Miller, PLLC

We often hear about families who squander fortune; we hear less about families that preserve their wealth and values over generations.

Successful entrepreneurs often struggle with estate planning when it comes to their children. Will knowledge of large inheritances to come create spoiled and unmotivated adults? How can wealth be shared across generations while fostering family values that include a strong work ethic and service to others? In a recent article appearing in Forbes, “The Successful Entrepreneur's Guide to Leaving a Financial Legacy That Won't Spoil Your Kids,” one family’s solution of passing along wealth and empowering generations of children is presented.

The family is one of the richest families in history: The Rockefellers. Their fortune is still going strong today—six generations later. They maintained their fortune by creating trusts to protect the family wealth. Trusts can have specific rules for determining how and when heirs are allowed to access money. This is the key to giving your children access to funds without eliminating their potential to achieve success on their own. Many times entrepreneurs fear leaving their children a large sum of money, but a trust lets you attach some strings.

Buyer Beware: Burial Plot Purchase Requires Shopping Savvy

Published on: July 14, 2016 | By McCulloch & Miller, PLLC

Consider the amount of time you spend on planning a one-week vacation. You’ll want to spend more time on planning your eternal resting place.

A local television station in Sarasota, Florida aired a news story about a cemetery where the grass and weeds were so overgrown they sparked complaints from local residents walking their dog near the property. As a result, according to a WTSP 10 News report, “Protecting your loved ones last resting place,” Sarasota Memorial Park was told by county code officials to bring the grounds up to code or be fined. Not long after the news report aired, workers were seen doing maintenance on the grounds.

The people who had called to complain even called on volunteers to mow Sarasota Memorial Park. They mowed a section one morning until they were told to leave. However, their complaint to the County Code Enforcement Department resulted in a warning to the cemetery property owners. They were ordered to clean up the cemetery or face a notice of violation and fines.

How Insurance Can Be Used to Leave an Inheritance

Published on: July 12, 2016 | By McCulloch & Miller, PLLC

Planning to leave an inheritance for your children requires a careful examination of all of your assets, and insurance could be part of that plan.

Most couples use term insurance to help protect their loved ones pay the bills after they pass. A question answered in the NJ 101.5 article “Do you need more insurance?” asks if insurance can also be used to leave an inheritance for children.

If leaving an inheritance is important to you, start this process by taking an inventory of all your assets. Look at how they may factor into your support during retirement and see what might be left as an inheritance. This exercise may result in discovering that you already have money that will make a nice inheritance for your children someday in investment or retirement accounts. In addition, your primary residence could be a source of inheritance.