Houston Estate Planning and Elder Law Attorney Blog

The Basics on Texas Trusts

Published on: March 13, 2024 | By Thomas W. McCulloch

One common misconception in estate planning is that everyone’s estate documents revolve around a will. While many of our clients do decide to use a will, many others use the trust instead of or in addition to their will. The trust has purposes that go beyond estate planning, though, and today, we go over some of the basics on Texas trusts to give you a framework for understanding just how useful this tool can be.

What is a Trust?

A trust is a financial arrangement. When the grantor, the creator of the trust, forms the trust, he or she appoints a trustee. This trustee has control of whatever money that the grantor puts into the trust. The trustee doesn’t necessarily use the money for his or her benefit, though. The trust money benefits one or more beneficiaries, named specifically by the grantor. The trustee’s job is to administer the trust and manage the assets so that the beneficiaries can profit from the trust property.

Types of Trusts

There are several kinds of trusts, and each one helps achieve a different goal. In estate planning, we often talk about the testamentary trust. This kind of trust goes into effect when you die, and you maintain the right to change it any point during your lifetime. Once you pass, the trust becomes irrevocable, or unchangeable.

Types of Power of Attorney in Texas

Published on: March 13, 2024 | By Thomas W. McCulloch

A power of attorney is a binding legal document that gives an individual the power to make decisions on your behalf. In Texas, there are five basic types of powers of attorney, all of which we will review on today’s blog. By understanding all of the types and their various functions, you can be better prepared to appoint a power of attorney that works best for you.

The Five Types of Powers of Attorney

General power of attorney: this type of power of attorney is the most basic one, in that it gives general, broad power for the individual you choose to act on your behalf. General power of attorney lasts until you, the person giving the power, become either incapacitated or disabled.

Limited power of attorney: when giving limited power of attorney, you authorize a person to act on your behalf only with regards to a specific situation. The power of attorney does not extend to matters beyond what you explicitly name in your document.

What is Medicaid Crisis Planning?

Published on: March 5, 2024 | By David W. Miller

It’s a universal truth that we all get older, and it’s also a universal truth that we can’t be sure what the future holds. For many individuals, aging means finding long-term care. Unfortunately, the cost of elderly care is incredibly expensive in this country, and it is difficult for many clients to piece together enough funds to cover their expenses. In order to avoid this crisis, we recommend that you begin your Medicaid crisis planning as soon as possible, which can help you avoid the need to panic down the road.

Medicaid crisis planning is the process of preparing today for your possible needs down the line. In the future, you might need a fulltime nurse, a nursing home, or other specialized care. By starting to plan now for how you might pay for these services, you can save yourself significant stress in the future.

Medicaid and Public Benefits

In Texas, you can apply for Medicaid, which will cover large portions of the cost of long-term care. Importantly, when deciding if an individual qualifies for Medicaid, the government will look at the past five years of the person’s financial history. Thus, if you have been financially stable but you’ve recently hit a tough spot, or if you are hoping to transfer assets to a loved one in hopes of qualifying for Medicaid, there is still a substantial likelihood that you will not meet the requirements.

Preparing for a Consultation with a Houston Estate Planning Attorney

Published on: March 5, 2024 | By Thomas W. McCulloch

At McCulloch & Miller, we understand – meeting with an estate planning attorney for the first time can feel daunting. You might not know what to expect, and you might feel slightly nervous about what questions might be asked of you. Today, we review some basic ways to prepare for this consultation. Overall, our hope is that you can find a Houston estate planning attorney that puts your worries at ease and takes the reigns of your estate planning process, so that you can rest easy, knowing your plans are on the right track.

Setting Expectations

First and foremost, you should remember that your estate planning attorney has your best interest in mind. He or she will make the process as easy for you as possible, and if you are preparing for your first consultation, there will be many other opportunities for you and your attorney to communicate down the road. Do not feel like you need to walk out of your first consultation with everything wrapped up and tied with a bow; estate planning is a process, and this is just the first step.

Gathering Documents

In order to provide your Houston estate planning attorney with some basic information, you should gather important documents to bring with you to your consultation. These documents might include: any previous wills or estate plans, bank account information, tax forms, investment account statements, and information about debts you might owe.

Top Five Estate Planning Blind Spots

Published on: February 29, 2024 | By David W. Miller

Estate planning does not have to be complex, but it’s also not naturally the simplest of processes. As a group of Houston estate planning attorneys, we see some of the same issues again and again in the ways our clients (and the broader public) think about estate planning. Today, we review what we have noticed as the top five estate planning blind spots.

1. People don’t think they need estate planning documents.

We often hear from clients that they don’t think they need estate planning documents, since they have not accumulated significant wealth, don’t have high incomes, or maybe just have what they consider to be very simple property and assets. Even if this is the case, it is still important to speak with an estate planning attorney and draft a will that protects your loved ones in the future. Everyone, regardless of income level, has to think about how their assets will pass through probate, and it’s important to get an early start so you can make sure you have the best plan for yourself and your family.

2. Individuals assume all estate plans are cookie cutter.

For individuals that want to pass all of their assets to one person, or that have simple and small estates, it is tempting to think that “one size fits all” when it comes to estate planning. However, this can be a dangerous mindset. Every person’s estate plan will necessarily be a bit different, and you put yourself at risk of impeding the probate process if you do not come up with a plan that accounts for your individualized circumstances.

Senior Public Benefits Planning in Texas

Published on: February 29, 2024 | By David W. Miller

As healthcare improves over time, the median age of adults in the U.S. also rises. While this is certainly a net positive for adults and their families, it also means that individuals have more planning to do regarding their elder years. Today, our blog reviews some important topics regarding senior public benefits planning in Texas that you might want to think through as you and your loved ones prepare for the future. As always, there is more to discuss than included in this post, and we recommend you reach out to a trusted estate planning attorney to learn more.

Medicaid Eligibility

Medicaid is a state-provided benefit that provides healthcare for individuals with limited resources. If you qualify for Medicaid, the State calculates a co-pay for you, which you then pay through Social Security or other sources of income. Then, when you go to a doctor’s office, the government pays the difference between your co-pay and the rate that the medical facility charges.

There are two main criteria you must meet to qualify for Medicaid: you must be both medically eligible and financially eligible. To be medically eligible, a doctor must sign off, confirming that you need a certain level of care. To be financially eligible, your assets and income cannot be higher than the government’s designated limit.

What Assets Goes Through Probate in Texas?

Published on: February 24, 2024 | By Thomas W. McCulloch

Probate is the legal process through which a court reviews a decedent’s will or estate planning documents and accepts the documents as valid and enforceable. In Texas, there are certain assets that must go through probate. There are, however, ways around probate, which many clients are interested in, given the cost and time that probate requires. On today’s blog, we review which assets must go through probate in Texas, but as always, it is best to speak with a Houston estate planning attorney if you have more detailed questions about the process.

Put simply, your estate goes through probate in Texas. The “estate” includes: financial accounts in your name, real estate, notes (i.e. money that someone owes you), personal property, LLC interest (companies you own or operate), lawsuits (where you might have a chance of a recovery), and inheritance. Assets in your estate will be subject to probate, no matter how bi or small those assets are.

Many individuals are interested in avoiding probate, and there are several strategies we recommend with this goal in mind. You can, for example, organize your assets in a way that excludes them from probate. One such method of organization is forming a trust – the money in the trust will be protected from probate. You could also open a transfer-on-death account. This is essentially a bank account that tells the bank to automatically transfer money to a beneficiary upon your death, therefore avoiding the probate courts.

What is a Texas Charitable Remainder Trust?

Published on: February 24, 2024 | By David W. Miller

Many clients, especially after they have had an especially profitable year, ask our team about how to best structure their charitable giving. Giving money away is a noble goal, and part of our job as estate planning attorneys is to help you figure out how to have the greatest impact while still making sure your financial foundation is solid. One tool we often suggest for our clients’ charitable giving is called the charitable remainder trust. Today’s blog goes into some details about this kind of trust, so that you might be able to discern whether it could be right for you.

A charitable remainder trust is a tool that allows you to both contribute to a worthy cause and be eligible for important tax benefits. Once you deposit money into the charitable remainder trust, you automatically offset or minimize your current tax liabilities. As time goes on, you stay in some control of the money deposited in the trust, and you become eligible to receive a potential income stream from the trust itself. Then, when you pass, the remainder of the trust is given to the charity or charities of your choosing.

Because you get the trust’s tax deduction today, but you still have access to the income from the trust over your lifetime, the charitable remainder trust can truly be the best of both worlds. Importantly, a contribution to a charitable remainder trust constitutes an irrevocable transfer of cash, so it is essential to choose your contribution wisely.

Planning for the Day After Your Death

Published on: February 15, 2024 | By David W. Miller

Take it from us: thinking about death is very rarely how anyone wants to spend their time. As estate planning attorneys, however, we have learned that it is a necessary evil. In our experience, the clients whose families are best protected long-term are those who have taken the time and energy to carefully think through what will happen in the event of their death. On today’s blog, we consider a topic that is not glamorous but that is still incredibly important: planning for the day after your death.

The day after your death, your loved ones will be grief-stricken and perhaps unsure of where to turn. At McCulloch & Miller, we believe that we all have an obligation to our loved ones to make sure they have as little to worry about as possible when that day comes. When your loved ones find themselves in a funeral home, a hospital, or a hospice center, they will want to deal with as few logistics as possible.

Given that reality, there is a checklist we recommend making now, as soon as possible, that your loved ones can access in the event of your death. This checklist should include:

The Problem with DIY Wills

Published on: February 15, 2024 | By David W. Miller

As a team of Texas estate planning attorneys, we often face similar questions from the clients and prospective clients we meet. One such question that many clients ask is: what’s the problem with a DIY will? Our short answer, which we will delve into more through this blog, is that a “do it yourself” will only works until it doesn’t work. While it can end up being legally valid, there are often complications that arise, and it’s often not worth the risk to you and to your loved ones down the road.

As online legal services become more and more popular, many individuals become increasingly interested in getting an online will. These wills do not require speaking to an estate planning attorney, but instead allow you to fill out online forms and quickly get a will that might work for you. There are three main issues that we see with these wills, and we will address each issue below.

1. Is the Will Valid?

In Texas, there are several requirements that a will must meet in order to be valid. It must, for example, be executed properly, self-proving, and written down. It must make sense and it must be able to survive legal scrutiny during probate. While an online will might meet these requirements, odds are there might be some difficulties that the will does not take into consideration.