Tag: Trusts

Who Needs to Consider Trusts for their Children in Houston?

There are a lot of reasons to consider setting up trusts for your children, but trust and estates lawyers in Houston see far too many cases where this just is not done.  One of the biggest reasons for not setting up a trust could be that you feel you do not have enough assets to warrant one.  We hear about “trust fund babies” and automatically think of the super wealthy, not regular folks like ourselves.

Really, though, even those in the middle class should be thinking about setting up trusts for their children.  Even if you do not have a lot of extra money lying around, you have other assets that can quickly add up in value.  Add to that the payout from a life insurance policy, and you suddenly realize that you have quite a bit of financial worth that might be left behind to children who are not ready to handle it.  Anything more than about $100,000 is reasonable to consider putting into a trust for children.

What Does the Trust Do?

When you set up a trust with your trust and estates lawyer in Houston, you will discover that there are many different ways to use this tool.  One of the most important benefits of a trust is that it allows you to stipulate how your children will use the money you leave behind.  If your intention is for your kids to use the money for college, but they want to use it to buy a sports car instead, what is to stop them?

In your case, the trust is what can stop them.  You can implement restrictions on how the money is spent.  You can, for example, determine that the funds in the trust are designated for specific functions, such as paying for education or day-to-day expenses.  In some cases, there is a designated adult to help keep things on track, although this person must be chosen wisely.  In other cases, the parent sets age limits on the trust, assuring that the children do not have access to the money until they have more time to mature.

Protecting the Trust

Another reason to consider a trust is to protect your children’s money from misuse by the adult in charge of the funds.  In the case of a “custodial” account, the person in charge can have a lot more say in how the money is spent.  This could translate into frivolous expenses, including paying himself or herself an unrealistic amount to “manage” the funds.  With a trust, however, the person in charge (the “trustee”) is held more accountable and is required to follow your wishes.

If the trustee does manage the funds poorly, it is also possible that your child would have some legal recourse, as the trust is a legal contract.

Talk to a Houston Trust and Estates Lawyer

The best way to determine if a trust is right for you and family is to talk to a Houston trust and estates lawyer.  Our attorneys are available to sit down with you to review your estate plan and consider how a trust or other estate planning tools can best meet your needs.  To schedule a planning session, call us at (281) 218-0880 and mention this article.

Trust Lawyer in Houston Answers, “What is a Trustee?”

When you work with a trust lawyer in Houston to set up a trust, you will be asked to name a trustee. Before you can select someone for this important job, you need to fully understand the role and responsibilities this person will be given.

A trustee is the person who will manage the assets that are in your trust. Many people choose to be their own trustee and can continue to manage their affairs as normal. Married couples can be named co-trustees. In that case, when one dies, the other can continue to make financial decisions without any other legal steps needed.

You can also name a successor trustee. A successor trustee is the person who will take over your decision-making if you (or the co-trustee) are no longer able to do so. In some cases, several successor trustees are named in case the previous one is unable to serve. In other cases, people choose to select two or more adult children who will act together. Some people choose a completely unbiased corporate trustee, usually a bank or trust company, who will take over decision-making.

The following list contains some of the responsibilities that are required of a trustee:

  • Make decisions regarding assets in your trust. This typically involves managing the trust investments, property and making decisions that are in the best interest of the trust beneficiaries. Assets must also be managed according to the terms of the trust and governing law.
  • Keep detailed records for all of the trust transactions.  All transactions need to be accounted for by maintaining a record of receipts and other documentation.
  • Comply with all federal and state law requirements. It is critical that a trustee follows the terms of the trust documents and the trust creator’s instructions. Additionally, a trustee is responsible for complying with federal and state laws, meeting any reporting requirements, and filing federal and state taxes.

Administering a trust is often complicated and confusing. The trustee not only has to manage the details of the trust, they are also dealing with emotions and conflicts that can arise among the beneficiaries of the trust. That is why many trustees contact us to assist. We can help you avoid all of this by walking you through the entire trust administration process. Doing so will relieve you of tremendous stress and might help you avoid litigation brought on by unhappy beneficiaries.

Houston Special Needs Lawyer: Basics of a Special Needs Trust

For families that have loved ones with a disability, ensuring the care for their loved one once the caretakers are gone is of the utmost priority. The loss of specialized care and Medicaid or SSI benefits is a very real danger if proper special needs planning is not put in place, which is why Houston special needs lawyers often share the benefits of special needs planning involving Special Needs Trusts.

What is a Special Needs Trust?

Since even a small amount of cash assets can disqualify individuals with a disability from the care and assistance they need, it is important to not let these assets pass directly to them upon your passing. A Special Needs Trusts is the best way to ensure your loved one with disabilities keeps their care and assistance while also benefiting from the legacy you leave behind. Houston special needs lawyers design these Trusts in such a way that the assets in it do not belong to your child; instead, they are owned by the Trust and managed by a Trustee of your choosing who will direct the assets to be used for the benefit of your loved one with a disability. Medicaid and SSI will ignore the assets in the Special Needs Trust as they are not directly owned by your special needs loved one.

How may the assets in a Special Needs Trust be spent?

Assets in a Special Needs Trust can be spent in a number of ways which benefit the individual with a disability. These include education, recreation, vacations, home improvement, and certain out-of-pocket medical expenses. These expenses are considered “non-countable” by Medicaid and SSI since they do not count as the special needs individual’s personal assets. Houston special needs attorneys caution that assets in a Special Needs Trust may not be given directly to the individuals with disabilities, as this will oftentimes disqualify them from receiving state assistance.

What if I do not have a Trustee or I am not leaving behind a large sum of money?

In cases where a suitable Trustee cannot be chosen or a small or moderate sum of money is being left behind, Houston special needs lawyers often direct their clients towards Pooled Trusts. Pooled Trusts are typically run by non-profits. The non-profit will assign a Trustee who is responsible for managing the assets on behalf of the individual with special needs and the benefit of such an arrangement is that the Trustee and the non-profit are both heavily involved in the special needs community and understand the care and compassion needed to look after your loved one. While there are fees and different types of services attached to Pooled Trusts, they are often a good alternative to an individual Special Needs Trust in certain situations.

If you have any questions about how a Special Needs Trust can benefit you and your loved ones, please contact us at (281) 218-0880 to schedule a consultation.

Congratulations on starting your medical career! Now go protect your financial future!

Years and years of school, and hours upon hours working through your residency is now paying off. You have officially become an MD here in Texas. Congrats!

With the excitement of your new career, and maybe some anxiety about juggling your home life and work life, you may not be thinking about taking steps to protect your financial future. But, unfortunately your new career puts you at risk of being sued.

The statics are astounding; according to the American Medical Association, 61% of physicians surveyed had been sued by the end of their career. These scary statistics are a very good reason to get your comprehensive asset protection plan in place now before you need it.

Any asset protection attorney in Houston will tell you that a solid plan will allow you to build a wall around your personal money and property so that they cannot be subjected to lawsuits and risks related to your medical practice.

For new doctors and seasoned physicians alike, there are several asset protection strategies that can be employed. For example, you may choose to put all of your assets in irrevocable trusts. By putting your assets in a trust, they are owned by the trust. Since you no longer own the assets, they are not vulnerable to lawsuits. A properly created corporation, such as an PC, LLC or LLP may also be necessary to separate the assets of your “business” from those of your personal use (such as your family home).  Again, a qualified asset protection attorney here in Houston can help you work through all of your options based on your practice needs and desires.

Asset protection is the specialty of the law that addresses many of the concerns physicians have. There are several other strategies that you may choose to employ to organize your financial and business matters to minimize liability and lawsuit risks. There are several technical issues involved so it is always best to work with a qualified and experienced asset protection lawyer.

We invite you to contact our office at (281) 218-0880 and let us know that you are just starting your career and we’ll offer you a free consultation. Together, we’ll explore the strategies available to protect the assets you have now, and any that you will acquire in the future.