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Houston TX Estate Planning Law Blog

College students: have you finished estate planning?

As Houston teenagers send off their acceptances to the college of their choice and begin preparation for leaving their house for perhaps the first time in their life, estate planning is probably the last thing on their mind. The biggest concern they have is choosing freshman year courses, not signing a power of attorney or medical directive.

But Houston parents sending their children off to college should be more realistic. Though no parent wants to consider the possibility of their children getting injured, Houston parents may not be aware that if the situation does arise, they do not have any right to access their child's medical records. In addition to this, since their college going children are adults now, they also do not have the right to make any health care decisions. Preparing a few estate-planning documents however, can change that.

Without will and heirs, $40 million estate may go to state

Reading the news recently, Houston residents may have come across the story of the 97-year-old man who passed away last year with an estate valued at $40 million, but no estate administration plan. Houston residents may have wondered why he didn't create trusts or wills to distribute his assets, but the real question is have Houston residents created their own estate plans?

A clearly laid out plan, outlining beneficiaries and assets, is essential to ensure that the decedent's wishes are followed to the letter. If Houston residents neglect to create an estate plan, their estate may be addressed through state probate laws, and the estate may be dealt with in an unfavorable manner.

Heirs no longer interested in family heirlooms

While Houston residents may have once gushed over their mother's antique doll collection or fine china dinner sets, once their parents leave it for them in their will, beneficiaries are more likely to sell them than keep them. According to a study by the Center for Retirement Research at Boston College, baby boomers receive around $8.4 trillion in a transfer of wealth from the previous generation.

However, the younger generation grew up in completely different cultural times and do not hold onto everything as their elders did. According to a consultant studying generation trends, rather than value objects, younger heirs value time and experience. Rather than receive furniture, they would prefer inheriting money so they can travel or even pay off debts.

Singer learns lessons from taking care of aging parents

Amy Grant may have won over a lot of hearts with her sultry voice, but her speech in Houston in front of the National Association of Insurance Commissioners painted a picture that many adults may be familiar with; the difficulties of taking care of aging parents with medical conditions.

With an increasing aging population, more and more people may find themselves making important elder care decisions. Houston residents may be wondering whether nursing home placement is the way to go or if another health care arrangement should be made. The six-time Grammy award winner pointed out that even though honest communication was hard during these emotional times, it is vital in ensuring that the elderly receive the long term care they desire.

Consider palliative care in long term care plan

As many Houston residents know, taking care of aging parents with medical conditions is difficult. A helping hand is very useful in such circumstances - someone trained to help patients express themselves, communicate, alleviate their pain and relieve their distress is always helpful. Houston residents may not know that there are specialists trained to help patients with these specific concerns - they are palliative care physicians. Houston residents should understand the benefits of palliative care services so they can consider adding it to their long term care plan.

Even though the specialty is defined as "Hospice and Palliative Medicine," the two types of medical practice are considered different in America. Medicare allows hospice benefits for patients in the last six months of life, whereas palliative care may actually go a long way in extending a patient's life span. Hospice care is more often a home care service, whereas palliative care services are usually performed in outpatient or hospital settings.

How to Protect assets in case of second marriage

When it comes to estate planning, not only is it important for Houston residents to be aware of the documents they need to prepare but also the people they need to include in their wills and trust documents. Leaving someone out of the will may lead to will disputes that may take time and money to resolve.

One person who cannot be left out of the will, except for an outright waiver, is the spouse -- a surviving spouse is entitled to a portion of the estate. The spouse can lay claim to a portion of every asset, except for life insurance. But how does the estate plan change when Houston residents remarry?

Trust considerations for young Texas heirs

Many people facing financial difficulties may think that coming into money may be the solution to all their problems. With an unexpected windfall, Houston residents may be able to pay off their mortgages and college debt and add to their retirement accounts. Improving an heir's circumstances may be one of the reasons Houston family members create estate plans establishing trusts.

While creating these trusts to provide for their beneficiaries' futures, Houston residents may not have considered the new trend emerging among younger heirs. Some younger heirs are deciding to empty the trust fund in order to give the money to people they consider deserving. Known as trust fund progressives, their aim is to make society more just and equitable by spreading the wealth they have inherited at a young age.

Power of attorney tips for Houston residents

Houston residents following the Houston TX Estate Planning Law Blog may be aware that creating a power of attorney is an important part of estate planning. A power of attorney is a legal document to give a trustworthy person the authority to handle the creator's financial and health matters. However, experts claim power of attorney abuse is also very common. Older Americans are estimated to lose around $2.9 billion annually from financial abuse of various types. This number is expected to increase as baby boomers age.

A properly and timely created power of attorney ensures that a trusted agent is carrying out a Houston resident's wishes, both financial and health related, in case the person is physically and mentally incapable of doing so themselves. There are usually two types of power of attorneys: durable, through which the agent retains control over matters, even when the person becomes incapacitated themselves, and a general power of attorney, which is limited to a specific transaction.

Proper estate planning saves time and money

Houston residents hesitant to take estate planning steps may think they are saving money and time right now by not taking steps to ensure the proper distribution of their assets, but the truth of the matter is that they may be leaving a mess for their beneficiaries, who have to spend even more time and money to get what is rightfully theirs.

Creating a will, living will, power of attorney, medical directive and trust are all aspects of estate planning that Houston residents can use to protect their assets. As a widow raising two children on her own after her husband passed away suddenly in a biking accident discovered, dealing with legal issues, probate matters and will disputes takes away from dealing with emotional trauma. Suddenly, the mother had to deal with a lot of issues she had no idea how to tackle.

Downton Abbey estate planning lesson--create a trust

Some Texas residents may be part of the average 8. 2 million U.S. viewers who tuned into the British drama Downton Abbey, who enjoy the show for its timeless family dynamics and financial problems that may hit a little close to home. According to one expert, the estate planning and trust planning mistakes on the show serve as an example of what not to do when it comes to creating documents for protecting assets.

There are many estate planning lessons that can be gleaned from the show, including using trusts to control assets. In the show, an earl blows the family fortune by investing in one uncertain venture. However, if a proper trust had been created, assets could have been protected against bad management and even divorce settlements. Trusts go a long way in preventing one irresponsible person from squandering away the family fortune.

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