Estate Planning

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.

DIY Estate Planning May Not Work for Houston Families

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

People have many options today for creating their own estate planning documents. Forms can be purchased quickly from websites and books. However, trying to create your own estate plan can actually be more expensive than hiring an attorney.

Everyone knows that attorneys can be expensive. This is just as true for estate planning attorneys as it is for other types of attorneys. An entire industry has sprung up to give consumers a cheaper option for some supposedly routine legal matters, like estate plans. Forms are available for downloading online that promise buyers they just need to read the instructions and fill in the blanks to create their own wills and trusts.

One major problem with these services is when estate planning is not done properly it is much more expensive to fix things than it would have been to hire an attorney to do things right in the first place.

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.

Houston Planners Should Note New Estate Tax Exemption

Published on: January 30, 2015 | By McCulloch & Miller, PLLC

In 2015, only estates worth more than $5.43 million per individual would owe federal estate taxes if the estate owner dies this year. That's up from last year's $5.34 million estate tax exemption. (In addition, the federal lifetime gift tax exemption also rises to $5.43 million in 2015.)

2015 brings new changes to the estate tax exemption. Experts agree that this change (and others) means that a fresh look at estate planning and asset protection should be top priorities for individuals planning for retirement or who are already retired.

The Investor's Business Daily says this could be good news in its article“Estate Planning For 2015: How To Protect Assets From Taxes” as it could possibly create better asset protection. However, the article also warns of the complexity of these changes, and that you should consult an experienced estate planning attorney to ensure that your particular circumstances are addressed.

Seven Financial Tips for Houston Families

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

Here are seven things you can do this month to positively impact your finances all year.

Want to start the New Year off right when it comes to your finances? The Las Vegas Review-Journal article, titled “7 ways to give your finances a facelift in January,”cites some things you can do this month to positively impact your finances all year.

Establish an estate plan. If you have a spouse, kids, elderly parents—if you own your own home, a savings account, or investments—you should have an estate plan. Estate planning will save your loved ones additional strain at a difficult time, and ensure your wishes are carried out after you pass away.

Rent or Sell Houston Home? Downsizing for Aging Parents

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

As the executor of [my mom's] estate, I'm trying to help her decide what to do with the house. Let another family member live in it who couldn't pay rent but could help with upkeep? Rent it out for market value? Or sell?

If she hasn't already, an article in The LA Times titled “Consider tax implications when downsizing,” recommends that she needs to hire an experienced estate planning attorney who can help her evaluate her options.

If she sells, she could possibly be in for a shock because there might be a considerable capital gains tax on the sale. Federal law permits a set amount of capital gains on the sale of a primary residence ($250,000 per person) to be excluded from income. However, anything above that amount would be taxed heavily as a capital gain.

Four Rules to Know about 2015 Estate Taxes

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

Here are four rules you need to know about the estate tax for 2015.

The estate tax exclusion is now $5.43 million. The federal estate tax applies only to those whose taxable estates exceed a certain amount. The U.S. has a unified gift and estate tax system, so if you make taxable gifts during your lifetime you'll use up some of this $5.43 million in advance. In addition, you will need to file a gift tax return even though you won't have to “pay” a gift tax at the time you make the gift.

The annual gift tax exclusion is still $14,000. This an annual exclusion makes most gifts nontaxable, so you can give up to $14,000 in cash or property to anyone again this year.

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.

New Year…New Financial Goals for Houston Families

Published on: January 21, 2015 | By McCulloch & Miller, PLLC

The New Year is a great time to regroup on your financial plans, reevaluate and/or create new financial goals. By sticking to your financial resolutions throughout the year, you can keep on track towards achieving your financial objectives in 2015 and beyond.

Make the New Year a happy one by getting your finances in order. Setting some basic goals can help make 2015 one of the best years yet.

Make a budget. Creating a budget is the key to long-term financial success. Nonetheless, a 2013 Gallup poll found that only one in three Americans maintained a budget. A budget takes on even more importance when you plan to move into retirement and leave a steady paycheck to live on a fixed income.