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Houston Estate Planning Law Blog

Advanced planning can avoid the risk of probate in a Texas court

When it comes to ensuring the final wishes of an individual are properly planned for, the key is clear communication among all that may be involved in the process. If questions remain after the individual's death and more than one person makes a claim for a share of the assets of the deceased, the process in a Texas probate court can be difficult. To avoid the stress brought on by such an ordeal, it is preferable for all the parties to come together while the testator is alive to address any outstanding issues.

Errors can be made in this process both by the beneficiaries and testator in their communication of how they would like their assets to be distributed. To avoid the risk of a serious error taking place, making a thorough contingency plan is essential in ensuring proper administration of the assets. Although this may not eliminate all the risk, it will serve as a solid beginning to an efficient disposition of all the property.

How Obama's budget could affect estate tax plans

Many Texas residents are aware that President Obama has proposed a number of changes within his 2014 budget. However, there are many who are unsure exactly how those changes could affect estate tax matters and the overall estate planning process. Each individual or family's situation is unique, but there are a number of important considerations that all Americans should note.

One matter involves the proposed climb in the estate tax from the current 40 percent to 45 percent. This hike would only apply to the wealthiest taxpayers, and would go into effect in 2018. In addition, the gift tax exemption would drop from $5.2 million to just $1 million. These are all important factors for those who are considering their estate planning needs. It would simply become far more difficult to transfer gifts to family members without the use of complex estate planning tools.

Do young adults need a power of attorney?

Many Texas residents consider estate planning a need arises in the late adulthood stage of life. In reality, however, all adults can find value in estate planning, regardless of their age or stage of life. In fact, young adults have specific estate planning needs that many families fail to recognize, and can benefit from a power of attorney and other estate planning tools.

Consider a young adult away at college. While college students often still rely on their parents for guidance and financial assistance, the fact remains that they are legal adults, and are treated as such in the greater world. When a student experiences a serious medical emergency while away at school, many parents are shocked to realize that they have no right to access the personal medical information regarding their child. This can lead to difficulties in determining the best course of emergency medical treatment, and can waste valuable time in determining how authorization for treatment should be obtained.

Estate administration: Do your parents have an estate plan?

Like many other people, most Texas residents have accumulated assets that will be left behind upon their passing. Usually there are children involved and parents do not readily share their medical, financial and overall estate plan with them. These tend to be tough conversations to have with children. Some parents may not quite realize how important it is to include their children in planning for estate administration issues so that there is no surprise when action does become necessary.

Many parents tend to have outdated estate plans that may end up complicating relationships between siblings. Their estate is sometimes spread out all over the place without clear designations of who is intended to receive a particular asset. This quickly becomes a matter of who gets what as siblings argue over the distribution of property.

Less sentimental value placed on family heirlooms

There are some people in Houston and beyond whose basements are filled with antique furniture and other collections. People often expect that family members will take care of valuable heirlooms. However, younger generations may not be inclined to hold on to such belongings.

One woman in another state inherited a collection of antique dolls from her mother. While her mother placed a lot of value on the dolls, the woman is finding that other family members aren't interested in taking them.

Google dashboard lets people decide what happens to their online data

Last week, Texas readers may recall that we discussed how important it is to make digital assets a part of the estate planning process. People often consider what will happen to their homes and large sums of money. However, it is also a good idea to consider what should happen to digital assets.

Google is trying to make the estate planning process easier for people by creating the Inactive Account Manager. The new dashboard allows people to determine what should happen to the data that is stored on various Google platforms after they die.

Considering your digital assets when making estate plans

Like so many people, Houston residents likely spend a lot of time online. Whether it's checking bank accounts or browsing Facebook, so much of our lives exist online. As people are perusing their online accounts they may not think about what will happen to them when they die. However, people in Texas and beyond should take the time to make plans for their digital assets.

As many Houston residents already know, estate planning is about preparing for the future and protecting important assets. People who take the time to create estate plans can rest easy that their family members will be taken care of when they are gone. In addition, family members can be reassured that they won't become embroiled in lengthy legal disputes.

Setting guidelines so that wealth is protected over time

A trust can be a useful estate planning tool. Trusts can help people manage their wealth while they are alive and distribute property after death.

People who turn to trusts for their estate planning needs can create specific guidelines for the receipt of benefits. For instance, money from a trust can be designated to be used for educational purposes. People can also have funds dispersed over time to be sure it isn't all used up at once.

Son excluded from hairdresser's vast fortune

We have written before about how important it is for people in Houston and beyond to make their wishes known and to document them before their death. Estate planning not only prevents prolonged legal disputes. It also allows people to rest easy knowing that their loved ones will be the recipients of valuable assets when they die.

Steps can be taken to ensure certain people are included in estate plans. However, estate plans can be created to strictly prohibit certain people from inheriting valuable property and other assets from a person's estate.

Protecting the money that is to be handed down to beneficiaries

Many people in Houston and beyond want to pass down valuable assets to their children. Therefore, it is important to make estate planning decisions and to put them in writing. For instance, creating a will is one way to be sure family members receive money and other important personal items.

People want to provide for their children after they have died. However, a person's bank accounts can quickly be drained if they have to pay for extensive medical treatments over a long period of time. As people are planning for their retirement, they should make sure they are doing what they can to take care of their financial and personal health.

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