Category: Wills

Houston Business Lawyer: Succession Planning for Your Small Business is Crucial for its Survival

You have worked hard for the success of your small business, but have you thought about what will happen to it after you are gone? By engaging in Succession Planning, the small business owner can ensure that his or her wishes are followed should the unthinkable occur. Not only does this kind of planning make for an easier transition on those left behind, but it also saves money and can literally keep the business from failing altogether.

Your small business is a part of your estate, and just like your home and other assets, planning needs to be done for how it should be handled upon your death. You will want to go over your options with a qualified Houston wills and estates attorney and make them legal and binding through the proper documentation. Of course, you will also want to communicate with those individuals who will be charged with executing your wishes and keeping the small business running smoothly.

Unfortunately, the death of a small business owner can also spell the death of the business. Estate taxes can be so expensive that the business just cannot survive paying them. Within nine months of your death, as much as 50% of the business’ worth can be due to the IRS. It is pretty hard to imagine a small business surviving the loss of 50% of its value.

Laws like this play a role in the fact that small businesses do not typically survive through the generations. According to The Small Business Review, only about 30% of family businesses make it to the second generation, 12% to the third generation, and 3% to the fourth generation. Obviously, there are a number of factors involved, but the need to pay taxes and take care of other transitional costs create a significant burden in passing a business on to heirs.

By planning in advance, you can take advantage of Section 303 and Section 6166 of the tax codes. These breaks do things like limit taxes on your heirs’ stocks and allow for the estate tax to be paid over the course of 15 years, respectively. Of course, these tax breaks are best utilized when they are understood in advance and the small business owner has made plans for their implementation.

If you have questions about planning for the future of your family business, please feel free to give us a call at Hegwood Law Group: (218) 218-0880.

Estate Planning for Women | Houston Will and Trust Lawyer

Houston will and trust lawyers recognize that there is no one-size-fits-all approach to estate plans.  Every situation is different, and each person needs individualized attention.  While there are services that offer cookie-cutter forms that will supposedly allow you to set up a decent plan, there is no comparison to working with an actual estate planning attorney who can work with human understanding to meet your real needs.

For example, the needs of women have been changing dramatically over the past several years.  Gone are the days when a woman was expected to stay home and live on an “allowance” if her husband chose to give her one.  Instead, so many women today have their own jobs, their own finances, and their own desire to protect their assets.

Older Women and Widows

Statistics show us that women typically live longer than men. So, in the case where the couple created an estate plan while both were living, once the husband passes away, she will need to update it since the widow has an entirely new set of needs.  She needs to make sure that her estate is able to support her as costs continue to rise, as well as to determine what she would like to have happen to her assets after her own death.  She may even need assistance to understand the estate and how to handle the finances.  This is especially true and frightening for the woman who has never handled the finances.

Younger Women

There are plenty of reasons that a younger woman needs to meet with a Houston will and trust lawyer. In the case of a single mother, nominating a guardian for her kids is critical in case of the mother’s death or incapacitation.  If a guardian is not legally named, the courts will step in and choose a guardian for the child without taking the mother’s wishes into consideration. An estate planning attorney may also advise younger mothers to consider setting up a trust for their child(ren) and maybe even to look into life insurance policies that could be used to fund the child(ren)’s future.

Whether married or not, many younger women have careers and would benefit from retirement planning in this earlier stage of life.  By being proactive early on, a woman can set up her 401k and other accounts to make sure she realizes her long-term financial goals.  Looking to retire young, to pay for your kids’ college, or to travel the world?  A Houston will and trust lawyer can help put things in motion now to make that a reality later.

If you have a significant other in your life, it makes sense for the two of you to work together with the estate planning attorney to make sure that your goals align and that your plans are compatible.  Your attorney can help you properly deal with “his, hers, and ours” to ensure that your assets are titled properly and that your financial house together is built on a solid foundation.

We have years of experience helping women in Houston plan for their future. If you are ready to get started, call our office at (281) 218-0880 and schedule a free consultation.

Pros and Cons of Wills and Living Trusts | Harris County Will and Trust Lawyer

As a Harris County will and trust lawyer, I realize that those of us in the estate planning industry often use technical language or “legal jargon” that is hard for most people to understand when setting out to get their affairs in order.  In fact, even the words “estate planning” can confuse people by making seem like you only need to plan if you have a large estate.  Not true!

There are other terms that you have probably heard along the way that can be equally confusing, as they are similar in theory, but different in execution. For example:

  • Estate planning versus Asset Protection
  • Healthcare Directive versus Advanced Directive versus Living Will
  • Power of Attorney versus Executor of an Estate

However, there are probably two estate planning terms that you will hear more than any other; trust and will.  These are key documents that do essentially the same thing, in theory. They both specify your last wishes and appoint someone to carry them out. However, there are reasons you would choose one over the other and sometimes you might choose both!

Hopefully we can help you understand the basic differences so that you have an idea of which legal tool (or combination of tools) would be best for you and your family.

Living Trusts

Pros

  • Ensures privacy, keeps your affairs out of the public record and helps you avoid probate.
  • If you own property in another state, a living trust may keep you out of that state’s probate court.
  • Some trusts offer protection from creditors, lawsuits and predators during your life.
  • You can designate a person who can take over management of your assets in case you are unable to function or incapacitated during your
  • You may not need to hire a lawyer when it comes time to distribute your assets.

Cons

  • A living trust can be more expense to set up initially.
  • You will also have to transfer ownership of all assets that are placed in the trust.
  • It can make it more complicated if you want to refinance property.
  • You cannot create a guardian for your children in a living trust. (However, you would be able to add a designation of guardian to supplement your trust that would take care of this.)

Wills

Pros

  • Setting up a will is less expensive and much simpler.
  • Creditors can only bring claims against your estate for a certain period of time.
  • You may name a guardian for your children.
  • You do not need to transfer any property.

Cons

  • After probate, your will becomes a matter of public record.
  • Probate can be take years to resolve and can be expensive.
  • A will does nothing for you while you are Your loved ones will be unable to manage or transfer assets using your will if you are incapacitated and/or unable to function.

There is quite a bit more to it, but this gives you an idea of the different techniques. If you really want a plan in place that will work when you need it, it is best to talk to a Harris County will and trust lawyer. Only an attorney that has had extensive experience can understand the nuances that could impact whether you have solid plan or simply a stack of paper that will not stand up in court. We help families throughout Houston gain the peace of mind that only comes with knowing your family will be okay no matter what. Call us today and mention that you read this blog and we will give you a free consultation so you can start the ball rolling on this important task.

Do I really need an attorney to create a Will in Texas?

We get this question a lot: “Do I really need an attorney to create a will in Texas?” Everyone has seen the online companies that allow you to create a will for $99. Some office supply stores sell the forms so you can do it yourself for even less. So with all these cheap alternatives do you really need an attorney?

Perhaps you have guessed my answer. It is “Yes!” of course. But, here is the “why” behind that answer that you might not be expecting…

There is no such thing as a one-size-fits-all will or trust.

Every person’s situation is different. You may be from a traditional family or you could be a part of a blended family – these situations might take different estate planning strategies. The DIY will and trust companies do not adapt to the nuances that make your family unique.

There is no personalized service.

A qualified estate planning attorney will meet with you and go over all the goals that you set for your family. An attorney will help you make very important decisions such as who you will name as executor. An attorney will bring up issues and ask questions that may cause you to choose other people than you originally thought.

No one to turn to when the will or trust is executed.

After you pass away, your executor will take over. The position of executor comes with many responsibilities and there are often questions that arise. Who will he or she turn to when they have questions? They are not likely to get the right answer from the information on a website.

When it comes to creating a will or trust, you really do get what you paid for. Actually, if done incorrectly, that will or trust may not hold up during probate, in which case it is not even worth what you paid – and it could cause pain and suffering for your loved ones. We would love to chat with you about creating an estate plan for your family. We even offer a planning session so that you can make the decision with absolutely no obligation. Call our office at (218) 281-0880 and schedule one today.