Probate

Baby On Board in Houston? Have You Discussed Life Insurance and Estate Planning?

Published on: August 28, 2014 | By McCulloch & Miller, PLLC

Why would parents procrastinate on something that it so important to their family’s well-being? The fact of the matter is that life insurance and estate planning are two topics that most people just don’t want to talk about. It is no fun to think about your own demise and picture your growing family without you in it.

If you are expecting a new baby or are already new parents, you're biggest concern may be having enough diapers in the house. But there's so much more to discuss than diapers and formula. Have you had the life insurance talk yet? What about estate planning?

A recent article in The Kansas City Star, titled "Money Matters: Two things that new parents should not put off…but usually do," lists several items that new parents should consider when examining their life insurance.

Phillip Seymour Hoffman’s Passing Spurs Estate Planning Lesson

Published on: August 27, 2014 | By McCulloch & Miller, PLLC

His Will was written before the birth of his last two children and never updated; thus, his estate plan is completely silent about his wishes for them. The actor's death also highlights the effect that marriage can have on an estate plan.

It seems that once a high-profile celebrity passes away, news of their estate floods the media shortly after. A recent article in The National Review, titled "A Hollywood Lesson for Everyday People: Trusts," emphasizes how one of the biggest misfortunes in the passing of actor Phillip Seymour Hoffman is that everyone now knows his business. We all know what assets were left to whom, who was left out, and how much money he had. These are typically private concerns, but because Hoffman only had a will, which is publicly probated in open court, everyone has access to these public records. Fortunately, there is a simple way for people to keep their estate plans from becoming blog material (like this!): create a trust.

A revocable living trust is a common type of trust that can help secure your privacy. According to the original article, Hoffman said he did not want his kids to be "trust fund kids." This meant he did not want his kids to be spoiled by his acting fortune. However, his definition of a trust could have used some better intel. Hoffman's children actually would have been better off with a trust that set out specific distributions tied to some conditions or events, such as their 25th birthdays or to use for college tuition.

Estate Planning Pointers for Blended Families in Houston

Published on: August 26, 2014 | By McCulloch & Miller, PLLC

No one wants to leave their heirs with a mess to sort out or fight over. Here's a look at the top six things to remember when you're estate planning for a blended family.

If you are remarried, how does the new marriage affect your estate planning? There are many things to consider when blending two families.

A recent article in TheStreet.com, titled "6 Things to Consider When Estate planning for Your Second Family," suggests that you first consider how long your family has been together. If you and your second spouse married when your children were still young, or if you had your own children together, your family is hopefully just one family. If you look at all of your family's kids as "our" kids, then make provisions in your will that show that harmony, according to the original article. This is a truly blended family.

Think You Don’t Need an Estate Plan Because You Don’t Have Kids? Think Again, Houston!

Published on: August 15, 2014 | By McCulloch & Miller, PLLC

Did you think estate planning would be easier because you don’t have children … or that you don’t really need an estate plan? If so, you couldn’t be more wrong!

The website dailycall.com recently posted an article, titled "Aging and estate planning for singles and couples without children," to help get you thinking about the special challenges people face who do not have adult children to assist them in their aging years.

Here are some of the ideas suggested:

Beneficiary Designations: Do Houston Families Update Key Documents?

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

You may have made a giant estate planning mistake without even knowing it — forgetting to update the names of your beneficiaries for your employer-sponsored retirement plans, IRAs, life insurance policies, mutual funds, bank accounts, brokerage accounts, annuities and 529 college savings plans.

The recent MarketWatch article, titled “Don’t make the No. 1 estate-planning goof,” outlines several reasons for updating your beneficiary designations. Here are a few:

A change of jobs. A job change can mean that you will need to roll over your retirement plan. If this happens, beware! Moving money from your former employer’s retirement plan into your new one or into an IRA could eliminate your beneficiaries’ claims to those assets. You should make sure you have them as beneficiaries on the new account, too.

Breaking Taboos – It’s Time to Talk About Your Houston Estate Plan

Published on: August 12, 2014 | By McCulloch & Miller, PLLC

If there is a boogeyman when it comes to family conversations about inheritance, it is not death. It’s the $40 trillion that financial advisers say their baby boomer clients are going to pass to their children either in an orderly way — or in a chaotic mess. A report by UBS on why families should talk about inheritance confirms the reluctance of people to talk about death and money.

Remarkably, a recent New York Times article, titled "What’s Almost as Certain as Death? Not Talking About the Inheritance," noted that it is easier to have a will (83% do) than it is to discuss the will with your children (only half). It is even more difficult to give them details about those assets (34%).

Regardless their levels of financial wealth, those surveyed were equally deficient when it comes to discussing estate plans with their children. Roughly 55% of people with more than $1 million talk to their children about an inheritance, and 53% of people with fewer than $1 million did. As you might expect, the majority of parents want the transfer of money to their children to go smoothly (84%) without creating bad feelings among siblings (66%).

The World Knows All About Lou Reed’s Estate – Do You Want the Same Exposure in Houston?

Published on: July 29, 2014 | By McCulloch & Miller, PLLC

If Lou Reed had used a revocable living trust, and transferred his assets into the trust during his life, then all of this information would have been kept private. No one would know how much he had, whom he left it to, or how much his executors were charging.

When a celebrity passes away, reporters scramble to find out how much money the celebrity had and how it will be distributed. But how exactly are they getting the information? Is it in-depth investigative journalism … or a common estate planning mistake?

Recently, the New York Post has had story after story about the specific details of Lou Reed's estate plan. We know how much he had when he passed away. We know how much money his intellectual property interests have earned for his estate since he passed away. We also know how much money each of Reed's heirs will receive. How do we know so much?

Houston Home Owners Should Know Key Issues Of Reverse Mortgages

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

Death of the borrower triggers the loan payoff, but the estate and heirs will never owe more than what the home is worth.

Family homes are unique assets. And like many assets, family homes can be as complicated as they are meaningful. Even when heirs inherit a home with no strings attached, issues can arise.

But what about when there are strings that come with inheriting the family home? What if there is still a mortgage or, increasingly common, a reverse mortgage? Notably, when a reverse mortgage is in play there are a few more things an heir needs to know.

No-Contest Clause: Don’t Let Heirs Contest Your Houston Will!

Published on: March 27, 2014 | By McCulloch & Miller, PLLC

A no-contest clause may be a good idea if you have a beneficiary who may be upset by the property distributed to him or her.

Consider this common estate plan predicament: you are drafting a will and know that if it is challenged by a spurned heir or for anyone for any reason, it will end up potentially ruined on the shoals of probate for all to see. What can you do?

This scenario is a all too common. Fortunately, a well-drafted will in many states can include a powerful tool such as a No-Contest Clause. Recently, ElderLawAnswers considered this approach in an “answer” titled “Using a No-Contest Clause to Prevent Heirs from Challenging a Will or Trust.”

Inherited Homes And The Challenges Ahead for Houston Families

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

The process of selling a relative’s home is likely going to be emotional, from the sorting of the personal belongings to the finalization of the sale at the closing table. Expect that. And surround yourself with professionals who will be empathetic and helpful.

Many would agree that selling a home is a stressful process, maybe even claiming a spot on the "top 10 most stressful life moments" list. Even if it sells fast, there is still the hassle of moving itself. What about hen it is not your home at all? What if it is the home of your parents, and perhaps your sole inheritance, with or without siblings?

When it comes to selling an inherited home, there are some complications to ride out and with which you must deal. For guidance, consider reading are recent MarketWatch article titled “How to sell an inherited home.”