Houston Estate Planning and Elder Law Attorney Blog

Establishing a Value for Prince’s Estate at the Heart of Upcoming Battle

Published on: May 10, 2016 | By McCulloch & Miller, PLLC

Once again, the value of image and other intangibles will overshadow any other issue with a celebrity estate that is expected to break earnings records.

The countdown on the estate tax liability for Prince's fortune has already begun, but arriving at the final number will not be easy and certainly will not be resolved without significant legal action.

For those involved with Prince's estate, calculating just how big Uncle Sam's bite may be a real challenge. Some say it's next to impossible and might also fuel a lengthy feud between the government and the estate, as more than half the estate's value could be forfeited in taxes.

Why It’s Important for Houston’s Young Couples to Consider Estate Planning

Published on: May 9, 2016 | By McCulloch & Miller, PLLC

Many young couples choose to hold off on estate planning because they feel they are too young to worry about estate planning and death. Maybe it’s because they think they don’t have enough assets to begin an estate plan or they just don’t want to think about death and what may happen to their minor children. However, having minor children is reason enough to being the estate planning process. And being young and healthy is not a “get out of jail free” card when it comes to death, as Houston accidents happen all the time.

If you have minor children, you should consider initiating the estate planning process immediately. While it’s not the easiest topic to discuss, it’s one of the most important things you can do for your family. The estate planning process is not too difficult, and it helps to be prepared before you start. The process is much easier when you know what is expected of you:

Name a trusted individual to be the executor of your estate.

Don’t Wait for a Rainy Day to Get Organized, Especially Not in Houston

Published on: May 6, 2016 | By McCulloch & Miller, PLLC

Yes, you have an organizational style. It may be chaos, or it may be hyper-organized. Either way it is still a style. Moving from paper to digital feels more organized, but it also requires management.

There are a number of different ways to approach any problem, including getting financial documents in order. Some people pile papers in a stack, promising to get to them some rainy day that doesn't seem to arrive. Others are calendar driven, filing and shredding at the end of every quarter. Still others hoard documents, shoving them in overstuffed filing cabinets. Millennials keep nothing on paper, operating under the expectation that any needed documents will be easily downloaded when they are needed.

Morningstar's article "How to Organize Your Financial Documents" acknowledges that it's getting easier to go with option three and rely exclusively on digital resources to manage and track your financial accounts and pay bills. Financial services will remind us that paperless is the green way to go. Assuming you take some commonsense actions to protect against financial fraud, it can also be very safe. However, before you go the minimalist route, put some basic infrastructure in place with these steps.

Don’t Dive into Texas Medicaid Without a Full Understanding

Published on: May 5, 2016 | By McCulloch & Miller, PLLC

People think that Medicaid will solve all financial problems if they or a spouse will need expensive medical care late in life. It's not that simple.

Concerns about outliving assets or having all their wealth spent on nursing home care has led many Houstonians in different economic brackets to take steps to qualify for Medicaid as part of their estate planning. But Medicaid was not designed to be the first source for health care costs.

Remember that your income and assets have to be at a very low level to qualify for Medicaid. This program isn't a right or an entitlement—even if your tax dollars paid for it. Medicaid provides assistance for ongoing living needs and services provided by home care or, in advanced cases, at a nursing facility.

Financial Tactic for Houston Alzheimer’s Patients: A Trusteed IRA

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

Houston families with an Alzheimer's patient must address the issue of financial planning as well as care and treatment. A number of planning tools should be discussed once a diagnosis has been made.

Any family faced with helping a loved one who has been diagnosed with Alzheimer's disease has a number of challenges ahead. In The Wall Street Journal's "Voices: Consider Trusteed IRAs for Clients With Alzheimer's," the article suggests that frank discussions must begin to address a number of concerns for the present and the future. Issues include care and treatment, wishes for care when the person can no longer speak for themselves, determining who will manage finances, estate planning and how a spouse will be supported during the loved one's illness—however long it may last.

Many of those with an Alzheimer's diagnosis really are concerned with not becoming a financial or practical burden on their family. Loved ones can encourage them to see an elder law attorney to help them organize and designate their assets early, so that they will ensure appropriate distribution before they're not able to manage their money directly.

Financial To-Do List: The Master Directory and File Clean Out

Published on: May 3, 2016 | By McCulloch & Miller, PLLC

Anyone who has cleaned out someone else's filing system knows that we all keep way more paperwork than needed. Spare your loved ones and get started now on cleaning up and creating a directory.

Some people won't set foot into a supermarket without a shopping list. They are the people who are more likely to sift through documents, clean out files and follow the steps in Morningstar's article "How to Create a Master Directory." This directory would be a huge timesaver for you and your heirs, who will be more grateful than you would imagine to be spared hours of wading through unneeded paper files.

This type of document—be it a PDF, an Excel file, a Word document, or even a handwritten record—can be your inventory of financial accounts and contact info. If you keep it up-to-date, this can be an invaluable tool for your loved ones in the event you are unable to manage your assets for yourself. Here are the steps.

Make That Retirement Nest Egg Stretch As Far as Possible

Published on: May 2, 2016 | By McCulloch & Miller, PLLC

Long gone are the days of pensions, when employers took care of all Houston retirement income. On the flip side, Houstonians are living longer and healthier lives.

If X equals a longer lifetime and Y equals smaller retirement funds, how do you solve for Z? Making retirement money last longer to match a longer lifespan is a very real problem for Houstonians. These three suggestions from The Motley Fool's "3 Easy Moves to Make Your Money Last Your Lifetime" cover some of the big-picture topics: expenses, investment tools and earned income.

Decreasing expenses and cutting unnecessary costs is the first step in making your nest egg last longer. More than likely, your biggest cost is housing. This is where paying off your mortgage long before retirement—or downsizing into a smaller home either before retirement or just as you retire—makes sense. Unfortunately, more and more Houston seniors are still carrying mortgages during retirement. Consider throwing all unexpected windfalls against the mortgage, or make one extra payment every year—if cash flow allows.

Does Your Houston Home Have a Mortgage? Estate Planning Considerations

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

The moment you close on your home, you should make sure that your heirs will not be stuck with a no-win situation that leads to a home being abandoned, according to "What Happens When a Homeowner Dies before the Mortgage Is Paid?" in The Wall Street Journal. It may not be the first thing on your mind when you take possession of the house, but it should be dealt with as soon as possible.

The mortgage is secured by the house. Nonpayment can't damage an heir's credit score unless he or she is a co-signer on the mortgage. Nonetheless, they should keep paying on the mortgage if possible because missed payments could incur penalties and lead to foreclosure.

Lenders who are notified of the borrower's death right away are usually understanding about resolving estate issues to avoid foreclosure.

Planning Tips for Houston’s Single Parents

Published on: April 28, 2016 | By McCulloch & Miller, PLLC

Frankly, there is less room for error when a single parent is managing all of the responsibilities of raising a family. Five key planning guidelines are the focus of the Parent Herald's article "5 Financial Planning Tips For Single Parents For Your Family's Protection."

Here are the top five most important tips:

Create a safety net. Most important is to have sufficient emergency funds that can be your financial safety net. Single parents should save at least six months' worth of expenses in an account that's untouched until an emergency occurs.

Houston Estate Planning? Consider Special Needs Child

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

Learning that your family will include a special needs child dramatically changes the narrative for families and most don't know what to expect, from providing care to financial planning. The New York Daily News explores the financial planning that needs to take place in "How to prepare a financial plan for families with special needs children."

Experts estimate that raising a child to age 18 costs roughly $250,000 and those parents of children with disabilities and special needs will have costs that could be as much as 10 times more. With these types of financial challenges, here are some key areas to focus on to protect and grow your money.

Assemble a team of experts. That team should include an elder law attorney, doctor, accountant, and government benefits specialist to help you understand Social Security, Medicaid, and other state and federal government programs;