Probate Attorney

Don’t Have a Will? Do You Know What Happens?

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

In some parts of the U.S., like West Virginia, without a will, your estate is first distributed according to your marital status and children, including those of previous marriages. However, if you have no spouse or children, you may want to pull out your family tree to see who could be in the running.

When there is no will in place, commonly in West Virginia, the current spouse of a married couple with or without one or more descendants receives the full estate. However, your spouse would receive only 60% of the estate if he or she had children with you and also a previous marriage. Your children would then receive the remaining 40% of the estate. But if you were the spouse with kids from a previous marriage(s), then all your children will inherit one-half of your estate, and the other half to your current spouse.

Confused yet? That’s what The (Huntington, WV) Herald-Dispatch asks us in its recent article titled “Planning ahead: What happens if you don't have a will.”

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.

Sharing End of Life Plans is a Gift to Family

Published on: June 3, 2015 | By McCulloch & Miller, PLLC

At Hospice of Anchorage, end of life planning is what clinical director Alison O'Donnell encourages. Having advanced directives, or a living will, and a power of attorney in place is a gift to family, she said.

Near retirees all over the country are starting to think about downsizing for retirement. Consignment shop owner Christy Carter knows this all too well, as she helps those downsizing sell their belongings. Ms. Carter said in a KTUU.com article, “End of life planning a 'gift for family,' experts say,”that she also receives a lot of merchandise from families who are cleaning up the estate of a loved one who has recently passed away. Most of the furniture she sells are from estates.

Many who have already lost a loved one don't want to deal with all of the details because they're going through their grief process emotionally. However, end of life planning is what the clinical director of an Anchorage area hospice recommends. Having advanced directives or a living will, and a power of attorney in place is a gift to family, she said.

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”.