Tag: Inheritance

How to Remove Someone from Your Will in Texas

If you are reading this blog, chances are that you thinking about removing someone from your estate. It is a tough choice. But, if you are ready to move forward, here is what you should know about disinheriting an heir or a loved one.

Disinheriting Your Child

If your will is drafted properly, it is generally possible to disinherit a child. However, you should be aware that if you choose to do this, that child could challenge or contest the will. Again, if you have a solid will in place, your estate will most likely prevail. However, fighting such a lawsuit can be costly for the estate which means there will be less money available for your intended heirs.

Disinheriting Your Spouse

Most of the time, it is impossible to disinherit a spouse. There are certain contracts that allow for a disinheritance such as a prenuptial or postnuptial agreement. These legal documents are valid since the spouse agreed to the arrangement in advance when they signed the document. Without a prenuptial or postnuptial agreement in place, the state’s elective share statute law typically protects the surviving spouse from being either intentionally or unintentionally disinherited.

Here in Texas, the law allows you to completely cut your spouse out of your will, but only in regard to those assets that you control. Because Texas is a community property state, your spouse will still be entitled to a share of the combined marital property and to live in the marital home – even if you try to completely disinherit him or her.

Disinheriting a child or a spouse is very tricky and must be done correctly to ensure that you get the result you are seeking. It is critical to discuss your situation in advance with a qualified estate planning attorney before making any changes to your current estate plan. If you would like to learn more about this, call our office at (281) 218-0880 and make an appointment to discuss the best options for your situation.

 

Houston Probate Lawyers Answer, “Will My Inheritance Be Taxed?”

One of the most common questions our Houston Probate Lawyers get from people who just inherited assets is whether or not they owe taxes on the money or property they just received. It is an excellent question, but the answer is a bit more complicated than yes or no. If you have just inherited from an estate, the answers below will help guide you in the right direction.

Income Taxes

The IRS requires everyone to claim every source of income when they file a tax return, however the IRS does not consider inheritance to be part of your income, so you likely do not have to claim it on your tax return.

Capital Gains Tax

You have to pay capital gains taxes anytime a gain is achieved. For example, if you buy a house to renovate and resell, you would have to pay capital gains taxes on the money you made above the original purchase price if it is not your homestead.

If you inherit an asset and the value of that asset increases, that asset would be subject to capital gains taxes from the date your inherited the asset, not when it was originally purchased.  This is called a step up in basis.

Death Taxes

There is a federal estate tax that applies to any asset transfer that is valued over $5.49 million (2017). However a spouse can transfer unlimited assets to their spouse without having to pay the federal estate tax. Some states also have an inheritance taxes, but Texas does not.

Hopefully, you now have a better idea about how your estate will be taxed when it is handed down to your heirs. If you anticipate that your estate is structured in a way that will require your heirs to pay substantial taxes, it may be in your best interest to speak to a qualified estate lawyer. There are many legal ways to reduce the tax burden on your estate. To set up a consultation, call the Hegwood Law Group at (281) 218-0880.

How Not to Do It: Spending the Inheritance on Royal Souvenirs and Strippers

For the Scripps family, who were heirs to a media fortune, they simply spent their millions. According to an article on CNBC.com, “The Greed Report: Not a billionaire? You still need an estate plan,” they took luxury cruises around the world and family outings to strip clubs. 11-10-16

Melissa Scripps bought Queen Elizabeth II's coronation chair and Queen Victoria's nightgown. Like his mom, son Michael liked to buy war memorabilia and guns. Oh, and he married a stripper.

When the well ran dry, the family started to fight. Mother and son turned on each other, one family member went to prison and tarnished a name once associated with entrepreneurship and philanthropy. This tragedy provides some lessons for the rest of us.

Everybody needs estate planning in some form or another—it doesn't need to be complex in many situations but everyone needs a plan, even those with social problems, financial problems and marital problems.

A good estate plan will consider all of those problems and keep your assets in the family and away from the government and taxes.

Estate planning doesn’t have to be complex or expensive. Estate planning is sometimes 95% social work and 5% legal, some attorneys say. The legal part they know—it's the social part that takes time. The Scripps family probably should have spent more time on the social part as well: Melissa Scripps' attorney said that at the time she inherited the family fortune, she had never held a real job and only had a high school education.

Maybe some more estate planning might have prevented the Scripps’ century-old legacy from turning into a gigantic family feud.

Reference:  CNBC.com (Sept. 22, 2016) “The Greed Report: Not a billionaire? You still need an estate plan”

Want Estate Planning? No, You Need It!

Estate planning is a need, but too often it gets moved down to the list for tomorrow.

There are many reasons people put off estate planning, like discussing death and dying. The (Memphis TN) Daily News recently published an article, entitled “Estate Planning – It’s a Need,” that explained how one person might be a great choice for guardian, trustee, power of attorney or executor. However, what if when the time comes they’ve moved or don’t want the responsibility. What does your family do then? 11-09-16

What if a person named in the will needs to be removed later? What if estate laws change or your circumstances change and there’s a better option?

There will always be changes in our lives. We may live to see our children grow to be adults when they no longer need a guardian. Then again, about that time our parents will age and may need a guardian. We switch jobs, get promoted or get laid off. Investments go up and down. Laws will change, and new legislation will be enacted. These are all important factors on the list of what needs to be addressed in estate planning.

Estate planning is important and it requires significant time and effort. Without a comprehensive estate plan much or all of what you’ve achieved in your life could be lost or given to unintended beneficiaries.

A good way to plan is to draft your will like you were going to die today. Once you have that done, create a review system to ensure your will remains relevant and up-to-date. Talk with a qualified estate planning attorney and let him or her guide you through the process.

Effective estate planning will typically reduce your taxes and those of your estate. In addition, it can save time and expense when settling an estate.

Develop a good working relationship with an experienced estate planning attorney.

Instead of the surviving spouse or children searching for hours through papers and trying to determine what to do next, you should consult with an attorney who will have the documents in hand to help guide the process with minimal impact on the grieving family.

Reference: The (Memphis TN) Daily News (Sept. 23, 2016) “Estate Planning – It’s a Need”