Elder Law

Houston Families Beware: Elder Abuse by a Spouse Can Happen

Published on: October 23, 2014 | By McCulloch & Miller, PLLC

The woman Benny claims took advantage of him was his second wife. He says after he had a stroke, she threw him in a nursing home and never saw him again.

At one time, World War II veteran Benny Goo was very affluent with a gorgeous home in Hawaii. Now, Benny has nothing. He says that a woman named “Barbara” stole $2 million from him, which forced him to sell his home.

According to a KLAS TV(Las Vegas) news report posted on the station’s website, titled "Veteran claims elderly abuse by ex-wife," Benny believes that “Barbara”—the woman who took advantage of him—was his second wife. Mr. Goo said that when he had a stroke, Barbara placed him in a nursing home. He never saw her again. However, Barbara was busy cleaning out his bank account and switching his Social Security and pension checks to be deposited directly into her accounts.

Financial Pointers: Providing Care for Aging Parents in Houston

Published on: October 17, 2014 | By McCulloch & Miller, PLLC

Dealing with aging parents is not only tough emotionally, but financially.

As one's parents age, financial and health care discussions are essential for families to have in order to plan ahead for any care they may require.

A recent Newsday article, titled"Money Fix: The cost of caregiving," tackled this tough issue and offered some financial and non-financial advice to help with providing care for aging parents.

Should You Use Mediation To Discuss Houston Elder Law Issues?

Published on: October 7, 2014 | By McCulloch & Miller, PLLC

Mediation has emerged as a valuable tool for seniors and their families as an alternative to costly litigation. Mediation can be a useful instrument to prevent post death conflict by dealing with a family's issues during the senior's life.

A recent issue of the New York Law Journal, titled "Mediation: Prevent Estate Litigation, Preserve Relationships," explains when a family has a positive relationship and is making decisions together, difficult issues can be dealt with little or no hard feelings. On the other hand, if family members disagree or have competing interests, there is a chance that conflicts may arise. These disputes can lead to contested guardianship proceedings when the senior is alive and contested estate proceedings after he or she is gone. Either one of these disputes can take an immense toll financially and emotionally on a family.

Elder law attorneys help seniors address and resolve the issues that face them at their current stage of life. This can include long-term care matters, retirement benefits, estate planning, housing, abuse and neglect of a vulnerable senior, potential guardianship, and health care. Elder law attorneys can also assist with post-death issues relating to probate and estate administration.

Worried About Estate Taxes? Don’t Die in These States Next Year!

Published on: September 29, 2014 | By McCulloch & Miller, PLLC

Moving to New York to avoid state death taxes? “When your bordering state is telling you, ‘Come on over!’ the pitch is compelling,” McManus says. “If New York has a more welcoming tax scheme, then people will say, ‘Let’s call me a New York resident.’” McManus says that he and his wife might make the New York move in retirement themselves; they already have a place in the West Village they rent out for now.

Would your state's death tax prompt you to move to another state? You wouldn't be the first to consider relocation.

The number of death tax jurisdictions is 19 states plus D.C. at present. However, there are several states making changes for 2015. These states are lessening the death tax liability by increasing the exemption dollar threshold, figuring in inflation, and eliminating “cliff” provisions that tax the first dollar of an estate.

Joan Rivers’ Dream Hollywood Funeral – Is It Tax Deductible?

Published on: September 23, 2014 | By McCulloch & Miller, PLLC

On September 4, 2014, comedy icon Joan Rivers passed away. It's no secret that Rivers hoped for a funeral that rivaled her lifestyle: big and over the top.

Craft services. Paparazzi. Meryl Streep crying in five different accents. These are just a few of the wishes the late Joan Rivers had for her Hollywood funeral. Those arrangements, Forbes reports–Meryl Streep notwithstanding–would be easy to arrange with the late Joan Rivers’ money. The article is titled"Saying Goodbye To Joan Rivers: The Bigger The Funeral, The Bigger The Tax Deduction?"

Rivers' income from book royalties, appearance fees and salary at E! Television, plus sales of her QVC merchandise may have exceeded $1 billion. So, Joan could afford the big farewell.

Houston Boomers – Beware of These Estate Planning Blunders

Published on: September 12, 2014 | By McCulloch & Miller, PLLC

David Cutner, partner at Lamson & Cutner, attorneys for the elderly and disabled offered the following tips for both estate planning and long-term care for boomers.

A recent Fox Business article reported that the majority of seniors are completely in the dark on one of the biggest financial risks they are facing. The article, titled "Estate Planning Mistakes Every Boomer Should Avoid," sheds some light on the catastrophic costs of long-term care.

According to the U.S. Department of Health, 70% of the U.S. population over age 65 will require long-term care, and over 40% will need nursing home care for some period of time. Most people do not have insurance coverage for this risk and believe inaccurately that Medicare covers their long-term care. That is just not the case, and without planning, if care is needed, life savings are quickly wiped out. Fortunately, there are solutions that will protect an individual's assets and income, and at the same allow access to Medicaid benefits. An experienced elder law attorney will have the knowledge and background to provide you with needed advice and the skills to design a strategy that will achieve your goals. A well-drafted estate plan is a wise investment to ensure that your assets are passed to your beneficiaries efficiently—in a manner that avoids conflicts among your heirs and that minimizes costs.

The Elder Justice Roadmap Initiative May Help Houston Elders

Published on: September 5, 2014 | By McCulloch & Miller, PLLC

Given the widespread health, legal, social and economic implications of elder abuse, the Elder Justice Roadmap Project sought the input of experts and stakeholders from across the country in order to develop a strategic resource — by the field and for the field — to combat elder abuse, neglect and financial exploitation.

Impacting about five million Americans each year, elder abuse is a crime that can include physical, sexual, and psychological abuse, neglect, abandonment, and financial exploitation. This abuse results in thousands of cases of illness, injury and suffering for elderly victims, their loved ones and their caregivers. It is tragic that so few cases are reported to the authorities. According to some statistics, only about one in 24 is reported. With Baby Boomers retiring and this widespread impact of elder abuse, the Elder Justice Roadmap Project was initiated to collect the thoughts of experts and stakeholders from across the nation. Their aim was to develop a strategic resource to fight elder abuse, neglect and financial exploitation. The project's report identifies and prioritizes actions that direct service providers, educators, and researchers can take to benefit older adults in this situation. And as its name implies, it provides a roadmap for strategic investment and engagement by policymakers in both the public and private sectors to advance these efforts to prevent and combat elder abuse.

The Elder Justice Roadmap Project’s publication came about after President Obama pledged to eliminate the victimization of older Americans. On June 11, he proclaimed World Elder Abuse Awareness Day and declared that the government must improve the criminal justice response and work harder to ensure all Americans have the “right to enjoy their retirement years with a basic sense of security.”

Long-Term Care Planning for Houston Boomers: Medicare vs. Medicaid

Published on: September 4, 2014 | By McCulloch & Miller, PLLC

Although their names are confusingly alike, Medicaid and Medicare are quite different programs.

What is the difference between Medicare and Medicaid? There are strict income and asset guidelines that must be satisfied to be eligible for Medicaid coverage. While Medicare is solely a federal program, Medicaid is a joint state-federal program. Each state operates its own Medicaid system, but it must adhere to federal guidelines to receive federal funds. Federal money pays for half the state’s Medicaid costs, and the state pays the rest.

Long-Term Care Planning

End-Of-Life Decisions – What Would The Doc Do?

Published on: June 10, 2014 | By McCulloch & Miller, PLLC

[Dr. V.J. Periyakoil] and her colleagues wanted to learn more about the attitudes of young doctors toward advance directives. So the researchers asked what choices they would make for themselves if they were terminally ill.

How do people make their end-of-life decisions? Everyone varies medically, intellectually and culturally. In addition, there are some important religious questions that may come into play. It can be very helpful to learn from the practices of others, too.

A very important perspective to consider may well be doctors themselves. According to a recent post in the New Old Age Blog of The New York Times, there is a bit of a consensus among those who wear the white lab coats.

Retirement Across The Border: An Option for Houstonians

Published on: June 6, 2014 | By McCulloch & Miller, PLLC

One of your first considerations should be where to keep your money. When you move abroad, you will most likely need to open a bank account in the new country in order to pay local bills.

An increasing number of people are retiring on foreign shores. If you’re thinking about retiring abroad, then there is much to dream about and also much to plan.

The romance of the move aside, retiring abroad has an appeal not limited to wanderlust. It can mean lower cost of living, more favorable healthcare costs, taxation benefits, and a whole new lifestyle. But since retiring abroad means planning to move internationally, planning your retirement and, yes, planning for your eventual estate, it’s no small step. You’ll very much need to look into your future home and the laws that exist there, and work with competent counsel to guide you back here in the States. To help you in thinking about the transition and the steps to take to make the dream a reality, there is a helpful recent exposition in ElderLawAnswers titled “Things to Consider Before Retiring Abroad.”