” Estate Planning Attorney

No Kids? You Still Need Houston Estate Plan

Published on: October 29, 2015 | By McCulloch & Miller, PLLC

When most people think of wills and estate plans, they usually think about the primary function of distributing assets to children. The natural next thought is, if they have no children, then they don't need a will. But estate plans, and especially wills, actually serve a number of important purposes, only one of which is conveying assets to children.

As U.S. News & World Report points out in, "No Kids? You Still Need an Estate Plan," people without children need, at the very least, to have a will if they want to have a say in who gets their assets after they pass away.

People who pass away without a will are said to have died intestate. Every state has a law that determines who gets the assets of people who die intestate. The laws all operate similarly, in that the assets are given to the person's closest living relatives.

Can You Be A Millennial Millionaire in Houston?

Published on: October 27, 2015 | By McCulloch & Miller, PLLC

The one thing that all 401(k) millionaires have in common, according to a Forbes' article "Nine Ways To Be A Millionaire In Retirement," it is saving at a much higher amount than others. Whatever your career path may be and whatever your earnings level is, start saving early.

While millennials often have a competing priority with paying student loan debt, it's still important to make sure some of your money is going into retirement.

Live like a college student. Even if you are making very little, you should "mind the gap" – that is, the gap between what you spend and what you earn. Make sure there is a gap and keep your expenses low. Try to live like a college student when you're earning your first salary. Maybe have Ramen noodles and hot dogs on at least some evenings.

Estate Claims Nude Photos Disparaging

Published on: October 16, 2015 | By McCulloch & Miller, PLLC

Several nude photographs of the late artist Jean-Michel Basquiat were taken by his ex-girlfriend Paige Powell. The photographs, which were shown as part of an art exhibition in 2014, show Basquiat reclining on the bed, smiling at the camera. Subsequently, they were posted on several art websites.

One of those websites, Animal, posted the images in 2014.

The attorney for the artist's estate, however, recently sent a letter to the website demanding that the images be removed as they are disparaging to the artist. Powell claims that Basquiat was proud of his body and would want the photographs to be seen. Page Six reported this story in "Estate fighting release of Basquiat's nude photos."

Contents of Will Publicly Announced British Actor Lord Attenborough’s Final Wishes

Published on: October 14, 2015 | By McCulloch & Miller, PLLC

Upon British actor and director Lord Richard Attenborough's death, the value of his estate and his last wishes were made public via his will. His estate in the United Kingdom was worth approximately £1.5 million, not including the value of any assets held in trust or any foreign assets.

However, his will also revealed that Attenborough requested that his body be cremated.

His wish was that one-third of his remains be placed at his Scottish estate and another third be taken to an estate in France. The final third of his remains he wants intermingled with the remains of his daughter and granddaughter at a church near Attenborough's estate in the UK.

Texas Politics: High Profile Guardianship Case

Published on: September 1, 2015 | By McCulloch & Miller, PLLC

Naming a guardian for minor children is never a pleasant task, but this situation makes a compelling argument for why it is so important. A Texas Attorney General with legal problems was appointed guardian of a large trust for two minor siblings and certain facts don’t seem quite right. That no investigation is being made makes one wonder if this is what their father had in mind.

When minors are to receive an inheritance and no guardian has been named, it is normal for a court to name a Guardian ad Litem. This is typically an attorney who is expected to represent the minors and look out for their best interests. When Tanner Hunt, the son of Texas billionaire Ray Hunt, passed away, he left behind a large trust fund and two minor daughters.

In the Hunt case, current Texas Attorney General Ken Paxton was appointed as the Guardian ad Litem for the minor daughters. Questions are being asked about Paxton's role in participating in negotiations that would have potentially bought the daughters out of any interest in the Hunt trust for a substantially lower amount than they would have otherwise been entitled to.

Jimi Hendrix Family Battles Estate Planning Snafus

Published on: August 25, 2015 | By McCulloch & Miller, PLLC

It’s hard to imagine legendary guitarist Jimi Hendrix preparing a will; only 27 when he died, he likely did not have a great deal of assets. However, his estate grew after his death, and his not having a will, combined with a lopsided will of his father, led to years of legal battles between the Hendrix siblings.

It’s ironic that when Jimi Hendrix died at the tender age of 27, only one of his legacies was his amazing artistry with the electric guitar. The second legacy was his estate, which grew to vast proportions after his death, as did his fame.

His brother Leon Hendrix and his adopted sister Janie Hendrix have been fighting with each other over that legacy. Both of them have sought to profit from it and have worked at cross-purposes. The latest battle between them was over a trademark infringement lawsuit.

Is a TOD (Transfer on Death) Registration Right for Your Houston Planning?

Published on: July 23, 2015 | By McCulloch & Miller, PLLC

Certain assets, including life insurance, IRAs, 401(k) plans and other retirement accounts pass directly to beneficiaries outside of your will. Typically, brokerage accounts pass only through your will, and then only after probate. But there is a way to ensure that brokerage accounts transfer at death to your beneficiaries.

A recent item in Kiplinger's, "How Your Brokerage Account Can Bypass Probate" explains how to use a transfer on death (TOD) registration to have your brokerage accounts transferred directly to your beneficiaries upon your death. This is a special kind of investment account that is recognized under state law and it may solve the challenges posed by having your estate pass through probate, which can be an expensive and time-consuming process. In some states, a "TOD" can also be used to allow real estate to be transferred. An experienced estate attorney is needed to understand where this works best, and what it can and cannot accomplish.

A TOD lets you keep control over the account, and you are able to change the beneficiary designation any time you'd like.

Houston Families: Be Aware of Elder Fraud

Published on: May 29, 2015 | By McCulloch & Miller, PLLC

A Walnut Ridge woman was arrested Thursday for forging a will after someone else had died.

Another scammer made the news recently, this time involving a forged will.

KAIT reported the story in an article titled "Woman arrested for forging new will after someone died."