Estate Planning Lawyer

Houston Families: Money-Makers (or Money-Savers) for NOW

Published on: February 20, 2015 | By McCulloch & Miller, PLLC

Here are money tasks to do this week that will help 2015 be more prosperous. Most can be done in about an hour.

As reported in a Chicago News Service article titled “Got an hour? Tackle these money tasks,” a recent survey from the National Endowment for Financial Education found 64 percent of U.S. adults will make a financially focused goal in 2015. The article also notes that in making those goals, you should be specific and make individual tasks to keep the job manageable.

The first question you might ask is “Where the heck do you get the money to fund these goals?”

Houston Parents: Leave Legacy via Roth IRA

Published on: February 17, 2015 | By McCulloch & Miller, PLLC

Roth IRAs intrinsically make phenomenal transfer of wealth vehicles. With reduced estate taxes and no income tax for heirs to pay on withdrawals, establishing a Roth IRA or even converting to one from a Traditional IRA seems to be a simple decision. Just know what you are doing ahead of time.

When planning your estate, keeping all parties in mind is important. So it is with Roth IRAs.

A recent Benzinga article, titled “Legacy And Estate Planning With A Roth IRA,” says you should think about not only the account holder's tax situation, but the heir’s as well and consider the tax burdens your heirs may inherit.

High Wage Earners in Houston Should Mind Tax Tips

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

There is less emphasis on estate taxes because the exemption—$5.43 million per person—is so high now. But income taxes are higher, so know what you are in for.

Maybe the estate tax doesn’t apply to you, but what about rising income taxes? How should you plan accordingly?

According to a recent post on cnbc.com, titled Tax planning tips for high-income earners,” tax planning is better done looking ahead three or five years. If you see a trend, such as an increase or reduction in income, you can alter your deductions or deferrals.

Shoot for an “Ace” in Retirement Planning in Houston

Published on: February 13, 2015 | By McCulloch & Miller, PLLC

You wouldn't play golf without a full set of clubs. Don't go into retirement without a fully equipped retirement toolbox. Retirement brings the freedom to explore a new stage of life. But for many, after years of working for others, it also means assuming responsibility for generating a paycheck for decades. Having a few basic resources at hand can make it easier to navigate the challenges that come with retirement.

A recent Wall Street Journal article, titled "Have the Right Tools for Retirement," says you need a full set of golf clubs to play the game as intended. Similarly, you need a full set of retirement tools to ensure that you are planning wisely. These should include all of the following:

a realistic budget and an efficient plan for withdrawing money from savings;

Do You Know Your Long-Term Care Options in Houston?

Published on: February 11, 2015 | By McCulloch & Miller, PLLC

When asked about long-term care insurance, one senior said, "I've thought about it. I don't think it's worthwhile to buy at my age." She's 83. "I've thought about it but I really haven't looked into it," another woman said. Others simply don't want to talk about it. But a don't-ask-don't-tell attitude toward paying for long-term care isn't an effective strategy for the 75 million baby boomers, the oldest of whom will start hitting age 70 in 2016.

A recent article in the Memphis Daily News, titled "OK, Baby Boomers: Time for Some Hard Decisions," reminds us that care for seniors can come from family members or from outside services such as adult day care, assisted living centers, home-care services and nursing homes. These services often include assistance with daily activities, home health care, respite care, hospice care, adult day care, care in a nursing home, and care in an assisted living facility.

People pay for long-term care by using personal resources, long-term care insurance, and Medicaid if they qualify. Medicare, Medicare supplement insurance, and private health insurance typically don't pay for long-term care. Individuals may also look to other resources such as veterans' benefits, Social Security, community services, and family caregivers.

Can You Get Out of Dodge?

Published on: February 10, 2015 | By McCulloch & Miller, PLLC

One attorney calls it the "Get out of Dodge plan"—the best way to keep your assets intact before applying for Medicaid to cover nursing home costs. New Jersey is one of the most restrictive states when it comes to permitting residents to preserve assets for their benefit while Medicaid pays for nursing home care. In the Garden State, there are steps that should be taken before applying for Medicaid, the government insurance program for people of all ages who are too poor to afford health care including long-stay nursing home care. Nursing homes can cost $120,000 a year in New Jersey, sometimes more.

Even though Medicaid is a federal program that's regulated by each state, the way in which the money is distributed can vary. Restrictive states are siding with protecting public money over letting individuals and their spouses keep assets, the Asbury Park Press article titled "Protecting assets: Three things to know before Medicaid" explains. So your retirement strategy can be quite different based upon your state of residence. Not everyone can Get Out of Dodge, meaning not everyone can move into a second home in Florida.

But do-it-yourself planning may not be the way to go. Elder law and Medicaid planning is constantly changing, and your assets can easily be wiped out by nursing home costs without careful planning. For example, when a husband places his wife in a nursing home, their home may be excluded from assets that must be spent for nursing home care before Medicaid pays for it. So the husband is still able to live there. However, if the husband dies before the wife enters the nursing home, it gets complicated: the house could be lost to the nursing home for the cost of her care.

Houston Families Have Tax Advantaged College Savings Options

Published on: February 5, 2015 | By McCulloch & Miller, PLLC

There are three basic tax advantaged vehicles to help save for college: 529 plans, Coverdall Education Savings Accounts and Roth IRAs.

Saving for college? Consider three tax advantaged tools to help fund your child’s or grandchild’s education: 529 plans, Coverdall Education Savings Accounts and Roth IRAs.

A recent Forbes article, titled “How to Save for College,”reports that each of these plans allows the funds to be used for college tuition and fees, and some also permit the funds to go towards books and room and board expenses. In addition, the Coverdall accounts allow you to use the funds to pay for K-12 schooling. 529 plans have the fewest restrictions and so the broadest appeal.

Is It Possible to Take the IRS to Tax Court?

Published on: February 4, 2015 | By McCulloch & Miller, PLLC

Actually, the answer is yes. The Tax Court is an actual federal court and not, as some people think, affiliated with the IRS. At Tax Court, the IRS is a party to the matter just like the taxpayer.

If you’ve got beef with the IRS, maybe you should head to court. Didn’t think that was possible, did you?

Contrary to popular belief, the Tax Court is a real federal court and not a tribunal run by the IRS. The IRS is a party in the case just like any taxpayer in the Tax Court, says a recent Forbes article titled “Taxpayer Advocate Reports On Top 10 Most Litigated Tax Issues.”

529 Plans and Tax Incentives for Houston Families

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

“We see that as a big driver for everyone – the opportunity to put your money into the market and get that appreciation and have all those earnings tax-free when you use them for qualified expenses at a university or trade school, or wherever your child or grandchild, or whoever it is you're saving for, decides to go,” Creonte says.

If you are saving up for your child's (or grandchild's) college education, you'll want to consider a 529 College Savings Plan.

What is a 529 Savings Plan? A 529 plan lets an individual contribute after-tax dollars that are designated for qualified higher-education expenses. These expenses include tuition and fees, books, room and board, computers, and supplies. The distributions of these funds for qualified higher-education expenses are not subject to federal income tax. However, states may treat these disbursements differently. As a result, 529 plan investors need to understand the tax strategies that are available to them.

Staying in Control of Your Houston Business

Published on: January 22, 2015 | By McCulloch & Miller, PLLC

Many business owners fear losing control. Before they’re willing to address exit or estate planning options, they must first be assured of complete dominion over their business. So let’s look at how to lock in ownership.

Are you worried about losing control of your business?

A recent Forbes article, “Control Freaks Take Heart: How To Maintain Control Of Your Business,” offers some ways to assure firm control of a closely-held company.