Trusts

Estate Planning Isn’t Just for Older Adults

Published on: May 26, 2015 | By McCulloch & Miller, PLLC

"A lot of people think this is just about elderly parents, but it's a big issue for people with adult children away at school or on their own as an unmarried adult," said Carnick, president of Carnick & Kubik Personal Wealth Advisors. "Who's going to speak for them if they get in an accident?"

A recent Chicago Tribune article, titled “Checklist for updating, organizing estate planning documents,” reported some interesting survey results that show many adults are very unprepared and unaware when it comes to estate planning.

The Tribune reports that a new survey of 1,000 adults for www.caring.com shows these startling figures:

Have You Selected the Guardian of Your Minor Children?

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

No will? If you are married with young children and both parents die who becomes the children’s guardian will be up to the state’s court system.

If you do not have a will, Texas estate laws and the probate judge may decide who will get your assets if you die. And if you are married with young children and both you and your spouse pass at the same time, the judge also gets to decide who will be the children’s guardian. It’s that simple, says a post on the CBS Boston website titled, “Estate Planning For All.”

Think about that.

South Texas’ “Godfather of Movies” Still Making Headlines in Contested Will

Published on: May 20, 2015 | By McCulloch & Miller, PLLC

Rubin Frels is considered by some as the "godfather of movies in South Texas." Although he has been dead for almost a year, the prominent Victoria businessman's estate is still being legally contested by two of his longtime associates, Brad Richards and Gary Dunnam.

The Victoria (TX) Advocate has reported all of the details in its article titled“Prominent Victoria businessman's will contested.”

Dunnam, who knew Frels since at least 1971, says the 2001 will is valid. He also claimed Richards, who was Frels' partner of 15 years, isolated Frels from his friends.

5 Estate Planning Must-Haves for Houston Singles

Published on: May 18, 2015 | By McCulloch & Miller, PLLC

"Everyone of majority age needs at the least a will, a health care directive and a named power of attorney," says Mike Sena, a certified financial planner with White Street Advisors, a money management firm. "The express purpose of estate planning is to make things as easy, as inexpensive and as simple as required for loved ones, friends and associates left behind. Every situation, every life is unique and some of us need more than others when it comes to estate planning."

Say that again. Everyone needs estate planning? Even singles?

You got it. But what estate planning items do Houston singles need the most?

Tips for Leaving an Inheritance for Houston Families

Published on: May 15, 2015 | By McCulloch & Miller, PLLC

Few people get excited about doing estate planning, even though they might recognize the importance of leaving a legacy for their children and grandchildren. If you want to be smart about making gifts to your loved ones, though, there are some things you should consider before just writing a check.

When leaving a legacy to your Houston heirs, you want to do it the right way. It’s always best to consult with the pros on important estate planning matters.

A recent article from The Motley Fool, titled “Thinking of Gifting an Inheritance to Your Grandchildren? Keep These 3 Things in Mind,” asks some of their experts for estate planning tips. Here are some of their answers:

Houston Families Can Follow Guidelines for Children’s Guardians

Published on: May 13, 2015 | By McCulloch & Miller, PLLC

Without a formal direction, your wishes must be interpreted and your estate must be settled by a probate court judge. The process is expensive and encourages disputes. But divvying up wealth is a whole lot easier than handing your children off to the state to determine where they go and how their care will be paid for. Just imagine the two grandmothers fighting over custody of your children?

For many young parents death seems like a long ways away. Regardless of how one feels, Houston parents of all ages should have their affairs in order—including guardianship. New Hampshire Magazine’s May 2015 issue addresses this issue and offers sound advice through an article titled “Don't put off writing down your last words.”

If you just can’t decide on a guardian, you should still move ahead with your estate planning. It is better to have this issue undecided than to die without a will. That said, the article suggests that it’s a good idea to nominate two people. That way you have one to be the guardian of the children and a second to be a trustee of the funds dedicated to their care.

Team Houston: Who Are Your Estate Planning Team Mates?

Published on: May 12, 2015 | By McCulloch & Miller, PLLC

If a Loved One or you have an estate plan, or even part of one, then some team members already are on board via the planning process and likely are actively serving or are nominated in the documents. They can have roles in the testamentary will, trusts, business purchase agreement, powers of attorney, medical directives or any of the other estate-planning instruments created during life.

Some team members are fee-based professionals, while others can be volunteers. In many instances, not all of the specialties will be required. Your estate planning team should consist of the combination of members that best suits your situation.

The Myrtle Beach (FL) Sun News recently published an article titled “Assembling your team for estate management”which reminds us that one person or a firm can serve in more than one fiduciary or team-member role.

Late-Life Marriages Go Beyond the Music Selection

Published on: May 4, 2015 | By McCulloch & Miller, PLLC

Coming together at 50-plus is different from getting married in your 20s, particularly when it comes to money. "You've had a lifetime of solidifying your money beliefs" and behaviors, says Janet Stanzak, president of the Financial Planning Association. These are some ways to smooth the transition if you're tying the knot this summer.

It’s true, marriage at 50 looks a lot different than marriage at 25 for most Houston couples. And no, we aren’t talking about the latest wedding fashions or honeymoon destinations. Financially, there is much to consider when getting married past 50.

AARP Magazine published an article titled “4 Smart Money Moves If You Marry After 50”last summer that did a great job of discussing some reminders before saying “I do” after you turn age 50. These reminders will work for you if you are walking down the aisle this June, July, or August.

Houston Millennials Require New Financial Planning Strategies

Published on: May 1, 2015 | By McCulloch & Miller, PLLC

Financial planner Joe Pitzl, 34, says Millennials like himself have a different way of absorbing information than their parents and grandparents, and as a result planners in that age group take a more collaborative approach.

As reported in a recent USA Today article, titled “For Millennials goal is financial freedom,” some financial planners are finding that Millennials prefer to work with those who understand their generation. They don’t respond to the same advice given to their parents, and they’re really looking for coaching on financial health as opposed to traditional financial strategies.

This is a group that’s probably going to have several jobs in their lifetime and is used to being able to get answers with the click of a button. Many Millennials also may have a ton of student debt and may have had trouble finding a job which means that the financial strategies that worked for their Baby Boomer or Gen X parents might not fit their circumstances.

Retirement and Estate Planning: Tax Codes Kinder to Married Couples

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

Although some couples remain unmarried to protect their estates, that strategy backfires if you end up paying estate taxes. If you choose not to marry, you and your partner need to educate yourselves on your estate planning and retirement options.

If you’re married, you’re able to inherit an unlimited amount of assets from your spouse—without paying any state or federal estate taxes. In addition, you’re permitted to give an unlimited amount of assets to your spouse while you’re alive without filing a gift-tax return.

This exemption doesn’t extend to unmarried couples. Estates of up to $5.43 million are exempt from federal estate taxes. Some states, however, have lower thresholds for their estate or inheritance taxes.