Estate Planning

Four Business Succession Questions Houstonians Need to Ask

Published on: January 14, 2014 | By McCulloch & Miller, PLLC

While your goal might be to attract the most qualified buyer that will pay the asking price and lead the company on a path of continued success, it is what you expect of your life post-sale that should constitute how you execute the deal.

Done right, a business succession or sale requires the ability to ask the right questions, let alone have the right answers. And there is no shortage of good questions to ask of yourself, your company, your family, and of course, the potential buyer.

Fortunately, a recent article in The Business Journals titled “Key questions to ask when planning to sell your business” will give you a head start on the questions, but you must supply the answers.

Estate Planning For Your E-mail Account

Published on: January 13, 2014 | By McCulloch & Miller, PLLC

What would happen to your e-mail accounts if you suddenly died?

Are familiar with the notion of a digital estate? What happens to your online bank accounts, emails, social media and your entire digital presence on the web when you pass away?

Imagine a world without you in which your heirs cannot access your digital assets. They cannot access your e-mails, either practically or legally, to get to important legal or financial information, whether about bank accounts or friends. Sadly, that is the reality in most scenarios today.

529 Colleges Savings Plan – “Super-Fund” It!

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

You can stuff a lot of money into a 529 college savings plan now and then do the same thing at the beginning of 2014 – a strategy that advisers say they are seeing many wealthy clients adopt this year.

Funding a 529 College Savings Plan before year-end is a great gifting strategy your college-bound grandkids. They will surely appreciate your gesture! And if you wanted to take that gift one step further, did you know you can actually super-fund it?

As though just funding a 529 were not good enough, Reuters provided the skinny on super-funding recently in an article titled “Should you super-fund your 529 college savings plan?”

Money Talks With Your Parents

Published on: January 9, 2014 | By McCulloch & Miller, PLLC

Aging parents need to establish a plan and communicate it with their adult kids — and adult kids need to ask their parents about their finances.

In our own lives, our parents start and run the money conversations from that first allowance to gearing up for those college loans and beyond. Later in life, the roles are reversed and our elderly parents might need a money conversation about their own future and well-being. Unfortunately, to make that conversation happen, it may be up to the adult children to take the lead.

Yes, it is truly a role reversal and often an important one. How do you start “the talk” and get it right?

Estate Planning Resolutions for Houston Families

Published on: January 8, 2014 | By McCulloch & Miller, PLLC

Here are the must-do estate-plan tasks you should get done now.

What's on your list of New Year's resolutions? Yes, it's that time of year yet again. In addition to the normal list of diet, exercise and the sort — did "estate planning" make the list for 2014?

We all know that an estate plan is a matter of personal responsibility. No one truly can plan your estate for you, at least like you would. Trouble is, you might know what needs to get done, and you might have put it on that master to-do list, but you still need to have the resolve to get it done. For many of us, estate planning is that perennial subject on the to-do list.

Inheritance Planning On Both Sides

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

"You cannot predict what may happen between now and receiving an inheritance," said Ireland. "The earlier you start preparing, the more financially secure your own retirement is likely to be."

Planning for an inheritance can be a tricky endeavor, for both givers and receivers. On one side, the giver has to make appropriate arrangements for their estate in order to fulfill their wishes and bequests. And on the other side, the future heirs have to consider how they intend to handle their gifts. Both need to be prepared if there is an unforeseen change of plans.

According to a recent CNN Money article titled “Average American inheritance: $177,000,” it is a tale of two facts:

Passing The Torch – Five Succession Tips for Houston Businesses

Published on: January 3, 2014 | By McCulloch & Miller, PLLC

To ensure your exit goals are met and your family relationships remain intact, it's important to clarify the family succession process right from the start.

When you are a family business owner looking to pass the torch, the business is typically your greatest asset and likely the center of the family's wellbeing. You cannot afford to mess this up.

Succession planning is unique because business is business, and so a successful succession is a careful one.

Prenup: The “Other” Proposal for Houston Couples

Published on: January 2, 2014 | By McCulloch & Miller, PLLC

Generally, the best candidates for a prenup, besides anyone with substantial assets, are those going into a second or third marriage, says Bonnie Sockel-Stone, a marital and family attorney in Miami, Florida.

A prenup proposal is a bit of an oxymoron. With a marriage proposal, you are pledging to love and care for your future spouse for life, for better or for worse. When a prenup enters the equation, you are basically throwing in a contingency plan. This can create mixed emotions to say the least.

Still, especially with blending families, a prenup can be a prudent tool to maintain peace and domestic tranquility between the respective sides of the to-be-formed family. Love may be blind, but it is best to enter the marriage with both eyes open. Not surprisingly, the use of prenups is on the rise.

Talk To Your Houston Heirs About Their Inheritance

Published on: January 1, 2014 | By McCulloch & Miller, PLLC

For many people, estate planning is both a private matter and morbid topic – not something that parents want to discuss with their adult children. While having such conversations takes a lot of courage, families that speak freely about these delicate issues can avoid problems down the line.

Thinking about your estate, setting up your estate plan, and carrying out your wishes is not the entire process of estate planning. You really must take this process one step further.

You need to take the still more difficult and under-practiced step: discussing your estate and your estate plan with your heirs and loved ones.

Houston Families Should Carefully Plan for a Special Needs Beneficiary

Published on: December 23, 2013 | By McCulloch & Miller, PLLC

Planning for a special needs beneficiary can be incredibly complex, so it’s generally best to consult with a knowledgeable attorney in your state who specializes in this area.

Estate planning helps to ensure our loved ones will be taken care of when we are no longer here. These plans are done with great care and consideration. Furthermore, our loved ones with special needs will require some extra special planning to make sure their needs are met.

Special planning is, of course, very much tied to the needs of your child with special needs and to the needs of the rest of your family. As you might imagine, such planning entails important tools, rules and guides. To get started, consider a recent article in The Slott Report titled “3 Tips When Planning for a Special Needs Child.”