Asset Protection

Most Americans Still Don’t Have a Will

Published on: May 20, 2016 | By McCulloch & Miller, PLLC

Despite countless celebrity estate battles, most Americans still put off having a will created. Think of a will as an itinerary for your family that will make their lives easier once you are gone.

Prince was clearly busy with performing, writing, recording and creating. But that's still not a good reason for him to not have put a will in place. The very public court processes that are now underway could have been completely avoided had he devoted the time to creating an estate plan.

The Huffington Post, in its May 3 article, "Like Prince, A Majority Of Americans Don't Have A Will," stressed that wills are important as they establish beneficiaries, distinguish who gets what (and how much of it), and prevent the state from deciding what happens to your property.

How Do Supreme Court Judges Do Their Estate Planning? Very Well, As It Turns Out!

Published on: May 19, 2016 | By McCulloch & Miller, PLLC

One Chief Justice's seemingly simplistic will was the target of a lot of humor. Tongues wagged in Washington that he had utterly failed to do any estate planning. The gossips had it all wrong.

It may be surprising to outsiders, but Washington D.C. actually functions in many ways as a small town. When Chief Justice Warren Burger died in 1995 and it was revealed that he had a one-page will that he typed himself, the community was amused and the jokes flew.

But the Chief had the last laugh. His lawyer responded that Burger's will, when given effect along with the terms of his previously deceased wife's will, created maximum tax savings.

Adopting? Congratulations! First, Your Financial Homework

Published on: May 17, 2016 | By McCulloch & Miller, PLLC

Financial planning needs to be part of the equation when doing all of the work involved in bringing a new family member into your lives.

The cost of adoption can start at a few hundred dollars or it can easily exceed $40,000, according to the U.S. Department of Health and Human Services. There are many different ways of adopting a child into your home, but however your adoption occurs, you need to do some financial planning.

Biz Times' recent article, "Getting your finances ready for adoption," says that in order to get your finances ready for adoption, you have to do your homework and be certain the price and processing work of adoption won't wipe out your plans for essential financial goals like retirement, saving for your future child's education, and higher daily living expenses with a new family. Begin with these tips:

Done Correctly, Reverse Mortgages Can Be a Positive Solution to Some Houston Homeowners

Published on: May 16, 2016 | By McCulloch & Miller, PLLC

The numbers are still small, but as Boomers age, the reverse mortgage may grow in popularity to maintain a certain quality of life.

Reviled for years for high costs, today the reverse mortgage—sometimes referred to as a Home Equity Conversion Mortgage (HECMs)—is a government-insurance loan that allows qualified seniors to turn illiquid home equity into tax free cash that they can use in a variety of ways. Many older adults in Houston use the reverse mortgage to make it possible to stay in their homes during retirement.

The Fifty-Plus Advocate says in "Top ways to use a reverse mortgage" that when used properly, a reverse mortgage may be the solution to living an independent, fulfilling life. A reverse mortgage lets you retain full control and ownership of your home. You are still obligated to maintain the property and to pay real estate taxes and homeowner's insurance, but you can stay in your home for the rest of your life. You also can sell your home at any time without a penalty, and any profit from the sale after paying off the reverse mortgage belongs to you. In many instances, properties held in a trust or life estates are eligible.

Estate Planning and Financial Planning—Two Areas Where Houston Military Families Need Help

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

It is not easy to be a member of a military family. They face many challenges that civilians do not, and—all too often—they do not receive the support in two critical areas that could make a difference.

Risks for Houston military families include accidents during training, battlefield injury and the stress of frequent moves. Service members have a far greater than average chance of becoming disabled or dying prematurely. This makes it especially important for military families to have access to financial and estate planning advice.

The Wall Street Journal article, "How to Serve Military Families," says that in many instances military spouses are young and financially immature. Military families don't settle in one place for very long, so a nonmilitary spouse may have trouble finding a steady job that would provide a second income and a retirement plan. In that situation, if something happens to the service member, and benefits are paid out, they need to be able to access them immediately. It's more likely that young military families will need help getting these estate documents in order and updating their beneficiary designations.

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 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.

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.

Know Social Security Options to Avoid Expensive Mistakes

Published on: December 18, 2015 | By McCulloch & Miller, PLLC

An interactive online tool has been released by the U.S. Consumer Financial Protection Bureau (CFPB) that walks consumers through a series of questions to help them better understand the optimal time to file for Social Security benefits. The "Planning for Retirement" site is an attempt to address a serious problem facing older Americans who claim their benefits too early in life, which results in their receiving lower monthly benefits. The goal of "Planning for Retirement" is to show the user how to make a better decision.

In many instances, the claiming-age decision is based on limited information about the financial impact of that choice. The new CFPB tool lets people estimate how much money they can expect to receive at different ages and provides tips to help evaluate the trade-offs. The "Planning for Retirement" tool is at: http://www.consumerfinance.gov/retirement/.

Folks can claim their benefits several years before their "full retirement age" and take less money each month. Or they can wait and get bigger monthly checks. This is typically a one-time choice, so if you claim the reduced or increased benefit, that's what you get for the rest of your life, with annual cost-of-living adjustments. In addition, this decision affects the benefits your spouse will receive after your death.