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Houston TX Estate Planning Law Blog

What will happen to Whitney Houston's estate?

Many questions have been raised in the aftermath of Whitney Houston's untimely death last weekend. Among them is what might happen to the late music icon's estate?

It does not seem to have been reported whether she had a will. Given recent lengthy litigation over her father's estate, which ended just three weeks before her own death, one would think she would have been well-versed in the matters of estate planning. Nonetheless, we know that estate planning is something that many have trouble getting around to completing.

Houston residents, don't put off plans for long term care costs

Many Houston residents neglect to plan for the difficulties of aging, because thinking about needing nursing home care or other long term care services is not pleasant. However, it is very important and those who fail to plan for these things sometimes end up in financial ruin.

As the American life expectancy increases, so do the costs involved with living longer. About 70 percent of those over 65 require long term care, either in a nursing home or assisted living facility, or simply at home with an aide who can help with daily activities.

How to set up a pet trust in Houston

One of the many issues that estate planning can encompass is what might happened to a beloved pet upon your death or disability. Oftentimes, Houston area pet owners would like to have a plan in place for their pet's food, shelter and care.

In order to do this, one must draft a document known as a pet trust. A pet trust can identify a guardian who will carry out the pet owner's wishes after death. Funds are usually set aside as well for the care of a pet, and details about this and the pet's care are included in the trust.

How does common law marriage affect probate in Texas?

One issue that sometimes arises in Houston estate litigation is that of common law marriage. In many states, common law marriage is not recognized for legal purposes including probate. However, in Texas, both formal and informal marriage is recognized, and common law spouses may have inheritance rights.

However, it may be difficult to claim that you were a common law spouse and not a live-in boyfriend or girlfriend, as several grounds need to be proven in order to gain this recognition from the state of Texas. It is thus important for common law spouses to consider writing a will in order to avoid complicated probate issues.

Houston Family Caregivers Have Options for Senior care

Life care planning.  What does it mean?  How do you plan for life?

Please join Tom McCulloch, JD, CPA at Houston's St. Luke's 2012 Winter Caregiver Conference where he helps family caregivers chart the navigation routes of elder care.  His presentation highlights the legal, finanical and care issues facing today's seniors and their family caregivers.  His proven holistic team-building approach addresses all aspects of aging, including family dynamics and budgets.

Additionally, Tom outlines various options for families tasked with finding, accessing and paying for quality long term care for their senior family members.  Today's senior world is an ever-changing and confusing journey for many first-time sailors, but Tom McCulloch's navigation skills sets the right course for a successful journey into elder world.

This program focuses on helping families save money and stretch funds, while learning about public benefits information such as Medicaid and Veteran's benefits.

In addition to Tom's presentation, "Life Care Planning", some of the other featured speakers will address patient rights during hospital stays, home care, lifestyle transitions, family relationships, dealing with dementia and other topics.  To register for the conference, please visit St. Luke's Caregiver Conference to register and don't forget to visit Weiner & McCulloch's booth.

Houston adults of all ages and incomes need some estate planning

A common misconception about estate planning is that it is something only the very wealthy, or the very elderly need to worry about. However, every Houston resident who is over the age of 18 does need to do some estate planning.

Those with modest assets often think that they do not need to do any estate planning, but there are some basic plans that each person should have in place.

Is a Houston area caregiver taking advantage of your elderly parent?

As Houston residents see their parents growing older, they often become aware of a few of the legal issues that affect elder care. From planning for long term care to putting final touches on wills and trusts, there is much to consider.

There are many steps that must be taken in order to ensure that parents and elderly loved ones are respected and that they are not taken advantage of as they age. One issue that some families encounter is an elderly loved one developing an inappropriate relationship with his or her caregiver. The loneliness that sometimes accompanies growing older can make some adults fall into traps in their caregiver relationships, crossing the line into a very personal friendship or even a romance.

Woman's estate tied up in litigation, executor accused of theft

Proper estate planning is very important for elderly Houston residents to have in place. It is also very important to seek legal representation from professionals who have good reputations and records to back them up when it comes to these matters. This is because if something goes awry with estate administration, you willl not be around to help clear things up.

The sole beneficiary and executor of a deceased Ohio woman's estate went to trial today. He is accused of altering the woman's will in order to steal her $750,000 estate. The 66-year-old man has been charged with theft, tampering with records and perjury in relation to the alleged crime.

International probate dispute may have been preventable

Readers in Houston are likely aware that estate administration is a detail-oriented affair, especially when multi-million dollar estates are involved. This has definitely proven to be the case in a probate battle that has stretched across national borders. The probate dispute involves a late boxer, his young widow, and a family that claims the widow was merely out for the boxer's money.

Arturo Gatti was a famous Brazilian boxer who passed away in July 2009. Three years earlier, he had met a young woman who was 14 years his junior in New Jersey. The two later married when the woman was just 20, and they shared a child together. However, members of the late boxer's family believe she killed him while the two were vacationing in Brazil.

Professionals are Adapting Business Plans to Benefit Boomers

Aging in America is a hot topic and more professionals are adapting their business models to better address the growing needs of our aging Baby Boomers. Seniors in their eighties and older are the fastest growing age group in the United States and their housing, healthcare, and financial planning demands are quickly outpacing available resources.

Houston-area CPAs, tax experts and lawyers are finding that keeping abreast of changes in 2012 tax codes and 2012 Medicaid and Medicare guidelines are critical to serving their growing Boomer client base.

As a featured presenter at Houston CPA Society's 2012 CPE Tax Expo, Tom McCulloch, CPA, J.D. addresses long-term planning needs for senior issues. His presentation focuses on developing a life care plan that addresses social and personal needs, as well as financial and legal planning. Tom provides an overview of how to effectively provide comprehensive services for a senior client base via a managed team of elder care professionals.

Most importantly, Tom's presentation guides the financial experts through the many aspects of life care planning, while focusing on maintaining and protecting the independence and dignity of senior clients.

For more information about Tom's presentation, "Aging in America: Growth Opportunities for Today's CPA", please visit Houston CPA Society for complete details about the two-day program.

Another elder-law topic of note includes "Powerful Estate Tax Planning Opportunities with Permanent Benefits but Short Term Availability" co-presented by R. Leonard Weiner, J.D., C.P.A., M.B.A. of Weiner & McCulloch, PLLC. This presentation focuses on gift, estate and tax topics in life care planning.

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