Category: End-of Life-Planning

Houston Estate Lawyer: How to Plan for Religious Needs

When meeting with a Houston estate lawyer, people discuss their financial, legal, and personal concerns and desires, but they often forget to discuss their religious or spiritual desires. If religion is a significant part of your life, it only makes sense to incorporate it into your estate plan.

Where to Find the Information You Need

If you would like to ensure your estate plan upholds your religious preferences, you will first want to provide that information to your Houston estate lawyer. Further, if you have specific desires related to giving to your religious organization, share this with your estate planning lawyer, as well. Setting out your goals in advance will help your attorney incorporate them into the planning process.

Most Common Estate Planning Issues Affected by Religion

Once your lawyer understands you goals, he or she will point out several areas of your plan that may be impacted by your religious beliefs. Here are a few to consider:

Final Arrangements

Burial and funeral arrangements are the most obvious aspect of estate planning that would be influenced by religion. Many religions require certain types of ceremonies or burial locations. To ensure that your wishes are followed, it’s important to include them in your estate plan.

Health and End-of-Life Decisions

Living Wills and Healthcare Directives are also influenced by religious beliefs. Some religions have official positions on life support, blood transfusions, etc. If you want your end-of-life care to align with your religious beliefs, be sure your wishes are properly laid out in your legal documents.

Distribution of Assets

Some religions require you to distribute your estate a certain way. Even if it does not, you may have a desire to leave part or all of your estate to your particular faith community. A qualified estate lawyer can help you create a charitable giving plan that faithfully conforms to your religious beliefs.

Each estate plan is unique. That is why it is important to seek the counsel of a qualified estate planning lawyer to make sure that your plan accomplishes your goals. To set up a consultation today please call the Hegwood Law Group at (281) 218-0880.

Should I Pre-Plan and Pre-Pay for my Funeral Expenses in Texas?

Many people come into our Houston estate planning law firm seeking to pre-plan their funeral so that they can relieve their loved ones of the burden of doing so when they are gone.  Because of the growing demand for funeral pre-planning, local funeral homes are also responding by offering different plans that allow people to pre-plan the service they would like, pick out a casket, and even pay for everything in advance. Pre-planning your funeral here in Texas can be a wise idea, but you might want to think twice before pre-paying for your final expenses in advance.

You should be aware that here in Houston the state of Texas, there are rules that often require the funeral home to invest the money paid to them so that it is available when needed. Some funeral homes put that money in a trust fund or buy an insurance policy naming itself as beneficiary.  With that said, if you are considering a pre-paid plan, you should find out the following:

  • If your funeral home goes out of business, will you lose part or all of your investment?
  • If you move out of the area, is there a penalty or complete loss of your plan?
  • If the funeral home invests the money you pay them, do they get to keep the interest or do you?
  • Can you change or cancel your plan?
  • If you sign up for a payment plan and you die before it is complete, does the funeral home have an insurance policy that will cover the remaining costs?

Because pre-paying your funeral here in Texas often comes with risks and a lot of “unknowns”, an alternative (and sometimes better option) is to work with an attorney to create a trust which will allow you to provide detailed instructions about your final wishes and set aside funds to cover the expenses.  This is all set up and controlled by you, removing the funeral home as the middle man, while still providing you with the same same peace of mind that your end-of-life affairs are taken care of.

If you would like help to independently pre-plan and pre-pay your final affairs, including your funeral,  call our Houston estate attorneys at (281) 218-0880 to  set up a consultation. If you would like, we have an expert that can review the funeral home contract that you are currently considering and tell you what other options may be available.

Alzheimer’s Patient Spoon-Fed Because Directive Wasn’t Specific

In 40 years, Bill Harris built up a lifetime of memories with his wife, Nora, but since she was diagnosed with early onset of Alzheimer’s seven years ago, things have changed.

“She doesn't really make words sometimes,” said Harris in an article on KGW.com entitled “Man says state ignoring wife's wishes in advance directive.” 11-07-16

For Harris, this tough situation got even more difficult with the decision of a southern Oregon judge this summer. The judge, in effect, “condemned her to ride out Alzheimer’s to the bitter end,” said Harris. He says it’s exactly what she didn’t want.

When Nora was told of her diagnosis, she completed an advance directive to be certain that her illness wouldn’t be prolonged. She believed when it wasn’t mechanically possible to eat by herself then she wanted to let nature take its course. However, now she’s stopped eating by herself and is being spoon-fed at a nursing home because, according to the judge’s ruling, her advance directive wasn't specific enough.

Still, the advance directive forms usually only cover getting fed through a tube, creating a conflict between two laws. An advance directive allows you to elect what happens if you become incapacitated, but the state law is there to make sure that care facilities do their job.

Advanced directives should be as specific as possible.

“What they did was basically sentence her to have to experience the full gamut of Alzheimer's,” said Harris. He said he also wishes the judge would have ruled in the spirit of the law and not the letter.

The advance directive law has limitations, but the legislature could amend the law so someone can make decisions on a loved one's behalf. However, now the best option is to be as specific as possible when filling out an advance directive.

Reference: KGW.com (Sept. 19, 2016) “Man says state ignoring wife's wishes in advance directive”

Bonehead Mistakes Retirees Need to Avoid

With the excitement of retirement, money can be the last thing you would have on your mind. However, if you have a careless approach to your money, you can be headed for financial pain. 10-25-16

Starts at 60 recently published an article, “Three silly money mistakes retirees can make,” that identifies three big mistakes you could be making with your money as a retiree.

  1. Spending too much, too soon. It can be difficult to fight the urge to spend money when you’ve retired, but spending too much early on in your retirement has severe consequences. Not only does it make your wallet lighter, it also means you don’t get the returns the money could have made for you in the next five, ten or twenty years.

If you’re planning on retiring, plan well in advance. Review your superannuation, pension and savings to create a budget for your retirement. If you’re already retired and spending too much in the early days, see a professional and modify your budget and investments.

  1. Heeding the investment advice of family and friends. While they may only be trying to help, these folks may not be the best people to ask for financial and investment advice. Seek advice from a financial planner or investment advisor.
  2. Failing to plan your estate. Who wants to think about and plan for their death when they are busy enjoying retired life? However, failing to plan your estate could have consequences for your loved ones after you pass away. Without an estate plan, you might not be able to transfer your wealth to your family when you die. Plus, it can create a huge tax bill, meaning less for your spouse and family. Talk with an experienced estate planning attorney and take care of this ASAP.

Reference: Starts at 60 (September 6, 2016) “Three silly money mistakes retirees can make”