Trusts and Estates

Houston Boomers – Beware of These Estate Planning Blunders

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

David Cutner, partner at Lamson & Cutner, attorneys for the elderly and disabled offered the following tips for both estate planning and long-term care for boomers.

A recent Fox Business article reported that the majority of seniors are completely in the dark on one of the biggest financial risks they are facing. The article, titled "Estate Planning Mistakes Every Boomer Should Avoid," sheds some light on the catastrophic costs of long-term care.

According to the U.S. Department of Health, 70% of the U.S. population over age 65 will require long-term care, and over 40% will need nursing home care for some period of time. Most people do not have insurance coverage for this risk and believe inaccurately that Medicare covers their long-term care. That is just not the case, and without planning, if care is needed, life savings are quickly wiped out. Fortunately, there are solutions that will protect an individual's assets and income, and at the same allow access to Medicaid benefits. An experienced elder law attorney will have the knowledge and background to provide you with needed advice and the skills to design a strategy that will achieve your goals. A well-drafted estate plan is a wise investment to ensure that your assets are passed to your beneficiaries efficiently—in a manner that avoids conflicts among your heirs and that minimizes costs.

Houston Scam Alert! Don’t Fall Victim to Estate Planning Cons

Published on: September 11, 2014 | By McCulloch & Miller, PLLC

Constantly in the news, it seems like there is a new scam making headlines. One surprising area in which scams are becoming more common is estate planning. Each year, more people fall victim to unscrupulous and unqualified sellers of ineffective estate planning documents. Often, these scammers are door-to-door salesmen or telemarketers.

Estate planning is a very personal and essential process to protect your loved ones and your assets. And all it takes is a scammer to mess that all up. A recent Webwire article, titled "How to Avoid an Estate Planning Scam," points out things to keep in mind when considering your estate planning options.

Employ a qualified estate planning attorney. Do-It-Yourself is very popular these days, from home improvement to filing income taxes. There are many websites that offer DIY wills. Beware! Estate planning is not a point-and-click or fill-in-the-blank proposition: it is a complex area of law with different rules depending on where you reside. Use a licensed, experienced estate planning attorney to prepare your estate plan. Check with the state bar and make sure he or she is licensed to practice law in your state.

Yes, Houston. You Really Do Need a Will

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

If for no other reason, you need a will to name an executor (or executrix).

So, do you really need a will? Yes. Really.

A recent Forbes article titled "Do I Really Need a Will?" recommends that you should have a will to at least designate an executor or executrix to administer your estate. This individual will be responsible for taking care of your affairs after you pass away. Without a will, the probate court will appoint an administrator—this could end up being almost anyone. Anyone with a decent reason has the ability to petition the court to be appointed—like your cousin Reggie (who you last saw at your fourth birthday party) or your Uncle Ted (who is always dressed like it is 40 below, even in July).

Hey, Johnny Football … Protect Your Money From Getting Sacked!

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

Manziel is living in the moment and enjoying himself, which is something that Namath did throughout his career, continued Mr. Beatrice. We see a potential problem, however, with his outgoing and festive behavior, and it is not directly related to his abilities on the field. Let's talk about the possibility of Manziel going broke sometime after the year 2020; better yet, let's talk about how he can prevent a financial disaster.

All-star quarterback Jonathan Paul Manziel, or "Johnny Football," has been showing up a lot in news headlines lately … and not always for his passing skills.

Take his recent involvement in a federal lawsuit. The case was filed by a federal inmate known to file baseless civil actions using the names of people in the news and entertainment industries. Here he used the name of a CNN reporter. The claim said that Manziel had sexually harassed the plaintiff by posting inappropriate pictures on Instagram.

Estate Planning Must-Dos For Houston College Students

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

After traveling to Mexico for spring break, Alex developed a severe intestinal bug that landed him in the college infirmary. Franc rushed to visit him there, only to find that doctors refused to discuss his son’s condition, citing privacy concerns.

If you have a college-aged child, you may need to get their estate planning started sooner than you think.

Consider these two fundamental estate planning documents – the durable power of attorney and the health care proxy. Even though they are usually thought of as only for older adults and seniors, younger people need them just as much. If a young adult does not have these, typically parents will not have the authority to make health care decisions or manage money for their kids after they are 18. It does not matter if they pay their college tuition, include them on their health insurance, and claim them as dependents on their taxes. In fact, without these fundamental documents, parents might need to seek court approval to act on behalf of their young adult children in the event the children are in an accident and become disabled.

Houstonians Can Back Up Life With An Estate Plan

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

…As with hard drives, our limited shelf life requires that we make the most of each day while also planning for a peaceful transition. Having loved ones struggle with managing unorganized financial affairs with no assistance only prolongs grief and blemishes fond memories.

Why do most of us give more attention to backing up our PCs than we do to our estate plans? This question was explored in a recent Time article, titled "How Writing a Will Is Like Backing Up Your Hard Drive." To make sure our computers work effectively, we conduct updates, check for viruses, and clean up unwanted material. Being unorganized only leads to trouble and added expense. Making our loved ones deal with unorganized financial affairs and estates only creates more stress and adds to the grief.

In one way, if you do not back up your PC's hard drive or do not have an estate plan, you are not alone. However, that really is not good news. Just because a lot of people flunk the final exam does not make the conversation with your parents any easier. So too, in estate planning—being unorganized only makes more work for your family and your estate planning attorney. On top of that there will be more expenses involved.

Robin Williams Set Up Trusts To Protect His Children From “Affluenza”

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

Some people decide, as Robin Williams apparently did, that it's better to hand down wealth to adult children while you, the parent, are still alive. (Of course, you have to have more than enough assets for yourself to be able to do that.) One benefit is that you will have some ability to help guide your children's decisions, and it can be hugely rewarding to watch them build their lives responsibly with the help of the gifts you have given them.

Early reports indicated that Robin Williams created a trust to control the distribution of assets to his children. His children, 22-year-old Cody, 25-year-old Zelda, and 31-year-old Zachary each were reported to receive money in incremental stages, not all at once. At age 21 they each would receive one-third of their share; at 25 they would receive half of what remains; and when they reach age 30, they each would receive the remainder of their full share.

Now, it is being said that these trusts are not currently part of his estate planning. But the trust talk begs the question: how much should you give to your heirs in trust and when should you give it?

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.