Estate Planning

Have You Planned for Your Digital Estate?

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

Portland attorney Victoria Blachly said people can avoid the personal, financial and in some cases legal headaches that come with losing access to their online accounts by creating a Virtual Asset Instruction Letter where they list their online accounts, the passwords they use to access each one, and instructions explaining what, if anything, should be done with the content each account holds.

What happens to all of your online accounts when you die? Will your loved ones be able to access them? If so, what should they do with those accounts? There is much to think about when it comes to your digital estate planning.

An article from The (Bend OR) Bulletin, “Estate planning in a digital world,”says that you can avoid personal, financial, and legal headaches by creating a Virtual Asset Instruction Letter.

Women Have Important Estate Planning Considerations to Address

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

In the absence of a well-crafted estate plan, women can be affected more often and more directly than men. According to www.forbes.com, women live longer than men, on average, and tend to marry older spouses; this makes women three times more likely as men to be widowed at age 65.

With women commonly living longer than their male spouses, it is essential for women to have their financial and estate plans in order.

Northwest Herald’s article, “Home State Bank Emphasizes Estate Planning For Women,”says that a key aspect of estate planning is designating someone you trust to act on your behalf in financial and legal matters in the event you can't (even temporarily) due to illness or disability. Designate this person in a durable power of attorney.

Wisconsin’s Northland College Receives $200K from Local Bar Owner

Published on: June 19, 2015 | By McCulloch & Miller, PLLC

A bar owner who never attended college has left $200,000 to the alma mater of her best customers. Ida F. Meyer of Lake Placid, Fla., died March 22 at 103 years of age. “I might as well give it back to the College,” she told her attorney Michael A. Rider, during her estate planning. “Those kids were good to us.”

A Northland News article, “Former bar owner bequests $200,000 to Northland College,”reported how students from that era remember a fastidious, kind couple who didn’t tolerate loud or obnoxious behavior. They ate foot-long hotdogs and brick cheese sandwiches on rye bread, and drank dime taps. They played hits on the jukebox.

Cabbie’s is credited with many chance meetings, first dates and long-lasting marriages. “I met my sweet wife of 48 years in the fall of 1964 on a Friday night at Cabbie’s,” said Northland College alumnus Tom Bogess in the article.

Divorced? Update Beneficiary Designations

Published on: June 12, 2015 | By McCulloch & Miller, PLLC

Fran had just learned that her deceased husband Ed’s life insurance proceeds were going to be paid to his ex-wife Sally. As Fran found out from her lawyer, beneficiary designations can be the trump card of estate planning.

You heard that right. The ex-wife Sally will get the life insurance proceeds. It doesn’t matter what the will says in these circumstances. With certain financial instruments the beneficiary designations have authority to control the asset disposition regardless of other provisions.

A recent WMUR article, titled “Money Matters: The trump card of estate planning,”sets out a handful of good pointers to remember.

You’re Getting Married? Is Your Estate Plan Current?

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

At some point, everyone needs to consider estate planning. It’s time to create an up-to-date estate plan when you experience one of these life events.

Think estate planning isn’t for you? Think again! And it’s not just a one-time deal; changes in your life should result in changes to your plan, so be ready to make some updates.

The Richland Source notes in a recent article, titled “Do you need an estate plan?”, that it’s time to create an up-to-date estate plan when you have one of these life events:

Pre-Retirement To-Do’s for Houston Boomers

Published on: June 9, 2015 | By McCulloch & Miller, PLLC

Don’t wait until the very last minute to make sure you are prepared, says Michael H. Milarski, a partner and senior financial advisor with Signature Financial Planning.

Have you checked your list and you’re sure you’re ready to retire? You may have a few items to address before your golden years can begin.

A recent Fox Business article, titled “5 Things to Do Now if You’re Near Retirement,”says that these are the five important things to work on in the five years before you retire.

Time to Review Your Houston Estate Plan: 4 Key Dates

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

So how do you know if your estate plan is out-of-date? If your will or trust predates these four key “freshness dates,” it may be time to visit your attorney for a review.

Estate plans are not meant to be a one-time deal. If life changes – or the law changes – you need to update your plan accordingly.

The website nextavenue.org recently posted a very informative article, titled “Why Your Will May Be Out of Date,” which states that although your estate planning documents are still valid, they may no longer work the way you originally thought they would.

Crummey Trusts: Viable Tool for Houston Families?

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

Actually the trusts are Crummey trusts named after one D. Clifford Crummey who won a decision in the Ninth Circuit in 1968, when I was just a high school lad. Israel and Erna Mikel were just in Tax Court showing how powerful the Crummey power can be as they used it to shelter over $1.4 million in transfers to their family trust from gift taxes. An arbitration clause that called for the use of a religious court caused the IRS to challenge the validity of the exclusions, but the Tax Court ruled in the taxpayer’s favor.

Trusts can have pretty funny names. Take the Crummey trust for example – doesn’t sound very good, does it? Who wants a “crumby” trust? Let’s explore this tool further.

A recent Forbes article, titled “Religious Arbitration Clause Does Not Hurt Million Plus Gift Tax Exclusion,” reminds us that there’s an annual exclusion from gift tax. Reminder: every year you can give the annual exclusion amount ($14,000 this year) to as many people as you want without any gift taxes or disturbing the unified credit against transfer taxes. However, to qualify for the exclusion, the gift has to be of a “present interest”.

Guardianship Selected for Bobbi Kristina Brown

Published on: May 28, 2015 | By McCulloch & Miller, PLLC

“We are delighted to inform the public that the court has appointed Bobby Brown and Pat Houston as co-guardians of Bobbi Kristina Brown (‘Krissi’),” read a statement issued by David Long-Daniels, counsel for Pat Houston and Cissy Houston, and Christopher Brown, an attorney for Bobby Brown. “Both Mr. Brown and Ms. Houston are jointly responsible for decisions related to Krissi’s care and medical needs.” A court-appointed attorney, Bedelia Hargrove, will act as a conservator for the 22-year-old.

The court-appointed attorney specializes in fiduciary litigation, probate and estate administration, estate planning, personal injury and wrongful death cases, as well as general civil litigation.

As conservator, the attorney “is responsible for Krissi’s assets, including her likeness, rights and legal claims,” according to the statement read by attorneys for the family.

Houston Investors Should Organize Finances for Ease in Planning

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

There are several corners of your financial life that can be simplified through consolidation.

If you feel like your finances are all over the place and hard to manage, you just need to take a moment to de-clutter and get a system going. Also, it’s ok to ask for help!

A recent article in The Tahoe Daily Tribune’s, titled “Simplify your financial life,”provides some very helpful advice on de-cluttering and organizing your important information: