Houston Estate Planning and Elder Law Attorney Blog

Strong Financial Health: 5 Steps for Houstonians

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

Maybe the biggest rookie finance mistake happens when someone from human resources sends you a link or gives you a form to enroll in the company 401k at your first job. There's so much else going on, and the usual response is to put it on the "I'll get to it later" list. When "later" becomes years later, you wonder what might have been if you had signed up right from the start.

We've all faced similar decisions, and some we get right—but others leave us wondering the possibilities of what could and should have been. Forbes' article, "10 Financial Choices You'll Regret in 10 Years," discusses some financial decisions that you'll kick yourself for in 10 years. Let's take a look at five of these now:

1. Starting your budget way too late. Most people think that budgeting means not being able to spend money on the things they really want, but it's really a freeing exercise. You can recognize the areas of your life where you're wasting money on things that aren't important to you. Look at where you can use some money for something that is more desirable. As a result, instead of an expense that you could care less about, you will put your money to better use. If you've been putting off beginning to budget, start today and discover its amazing benefits.

New Baby? New Tax Planning Required

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

The last thing most new parents are thinking about is taxes, but the addition of a new baby to your family has some nice tax perks, according to "The Most-Overlooked Tax Breaks for New Parents" from Kiplinger's. First step: make sure your new addition has a Social Security number.

You'll need an SSN to claim your new baby as a dependent on your tax return. If you don't report the number, it can mean a $50 fine and tie up your refund. Request a Social Security number for your newborn at the hospital when you apply for a birth certificate.

Dependency Exemption. Claiming your son or daughter as a dependent will shelter $4,000 of your income from taxes in 2015, which will save you $1,000 if you are in the 25% bracket. You will receive the full year's exemption, no matter when the child was born or adopted during the year.

IRS Audit Red Flags Sometimes Triggered in Retirement Years

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

Certain transactions and situations that tend to occur more in retirement than during working years are red flags for the IRS. Even though only 0.84% of all individual tax returns are audited, knowing about these tips from Kiplinger's "9 IRS Audit Red Flags for Retirees" will help minimize your chance of being among the "lucky" ones.

Math errors may draw an IRS inquiry, but they don't usually mean an audit. Nonetheless, review these red flags that could increase the chances that the IRS will give the return of a retired taxpayer some very special and unwanted attention.

The overall individual audit rate is only about one in 119, but the odds go up significantly as your income increases—like if you sell a valuable piece of property or get a big payout from a retirement plan.

New Jersey Women Target Elderly for Financial Scams

Published on: March 1, 2016 | By McCulloch & Miller, PLLC

This is a story that any professional working with seniors finds particularly abhorrent. An investigation by the New Jersey State Police and the Division of Criminal Justice uncovered a scheme by a New Jersey woman, her sister and several others—including an attorney—to steal millions from elderly clients they were supposed to be helping.

The story was reported by New Jersey 101.5 in "NJ woman pleads guilty to scamming millions of dollars from the elderly."
A New Jersey State Police investigation led to the indictment of Sondra Steen along with her sister Jan Van Holt. The latter was the owner of a company that offered elderly clients in-home care and legal financial planning. Two other employees pleaded guilty to taking part in the scheme and stealing $125,000 from an elderly couple. Van Holt and Steen were charged with conspiring with a lawyer to steal over $2.7 million from 12 elderly clients.

Van Holt would target potential elderly clients who were known to have substantial assets with no immediate family. They would be offered help through the company with non-medical services such as running errands, managing finances, getting to appointments, and housework. Steen would then serve as the client's primary caregiver.

Ivy League Law Students Fight for Veterans Rights

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

A lieutenant colonel serving in the U.S. Army Reserves was in Afghanistan on his third tour of duty, suffering from Post-Traumatic Stress Disorder (PTSD) and enduring a bad foot injury in 2011 when a letter arrived at his home, as described in Harvard Magazine's "Fighting for Veterans, Learning the Law." It was an important, time-sensitive letter.

The letter contained information on how he could file an appeal for disability compensation and stated that he had to respond within 120 days of receipt. But Ausmer wouldn't return home for another five months.

By the time he read the letter, he'd lost his one chance to appeal his benefits case. The Veterans Benefits Administration gave him no help, but a trio of Harvard Law School students did. They took his case, arguing that the clock on an appeals claim should start only after a veteran has returned home—rather than when a letter arrives in his or her mailbox back home.

First Quarter: Time to Review Houston Estate Plan

Published on: February 26, 2016 | By McCulloch & Miller, PLLC

Over the course of time, things change that have an impact on your estate plan. Your children may have married or welcomed a new baby into the family. Perhaps you moved, or maybe you were widowed. Life is filled with changes, at every stage, and your estate plan needs to reflect those changes.

Dairy Herd published a valuable article, "Legal: Review and update your estate plan now," which advised that you should at least have the basic estate planning documents in place. This includes a will, a power of attorney, a medical power of attorney and an advanced healthcare directive (often called a living will). Also, some should look into trusts, depending on individual situations.

Taking the time to prepare these documents now can help avoid fighting and stress for loved ones left behind.

Checklist Serves as End-of-Life Care

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

For a generation that is proud of their ability to ignore all kinds of taboos, millennials are no different than any other generation when it comes to discussing end-of-life care and estate planning with their parents. It's up to you, Baby Boomers, to initiate the conversation with your millennial children and make sure that they – and you – understand the basic documents needed for estate planning and end-of-life care.

Benzinga's recent article, "Millennials and Estate Planning: How to Get Started," says that when you do begin discussing end-of-life care, you need to understand the documents involved.

Here is a list:

Plan Now for the Future: Retirement, Estate and Vacation

Published on: February 24, 2016 | By McCulloch & Miller, PLLC

The same people who put off estate planning have no problem finding the time to plan their vacations. And far too many people think the only plan they need for retirement concerns being able to pay bills.

Retirement planning is for that time when you change direction and stop the grind of working full-time. Estate planning is what Federal News Radio's article, "Estate vs. retirement planning: You bet your life, literally!" says is an after-you've-gone shopping list.

Think of estate planning as how you would like things to be, and to be divided, to minimize stress on your loved ones and avoid nasty family fights that can occur after the funeral. You can minimize problems and decide some of the tough issues before you pass away. Estate planning is a thoughtful gift for your family and friends.

A Necessary Chat for Adult Children and Aging Parents

Published on: February 23, 2016 | By McCulloch & Miller, PLLC

The challenges facing seniors and their adult children can be placed into four main categories, according to the article "Talk to aging parents about finances, health care, living arrangements," appearing in The Ventura County Star. They are: finances, living arrangements, medical coverage and estate planning.

Understand your parents' ideas about their future Houston living arrangements when and if they become unable to care for themselves. If they want to stay in their own home, familiarize yourself with the available community resources for support and research alternative living arrangements in the event that remaining at home is no longer a viable option.

Analyze the type of medical coverage your parents have and its coverage. Get the name and telephone number of their primary care physician and any specialist they are seeing. Have a sense of their medical history and condition.

New Life Event? Review Your Houston Estate Plan

Published on: February 22, 2016 | By McCulloch & Miller, PLLC

From the following Forbes article, "8 Reasons to Revise Your Estate Plan Today," we learn that 51% of Americans age 55 – 64 don't have a Will. That's bad news for their families, who will have to deal with the estate plan default: whatever the rules are for their state. But for those who are smart enough to have an estate plan in place, there are still some maintenance issues that need to be addressed with a review every now and then. Everything changes over time, including your personal and financial situations and tax and estate planning laws.

Even if your estate plan was crafted by a skilled and experienced estate planning attorney, you'll want to talk to him or her if any of these things occur:

Marriage or Re-marriage. This doesn't automatically change the provisions of your will or trust and won't necessarily provide for your new spouse. Talk with your attorney to ensure your plan reflects your new goals, both individually and as a couple.