Texas Estate Planning

What Mom Really Wants for Mother's Day

The Mother’s Day Gift Guide You Didn’t Know you Needed 

 

As parents grow older, the family dynamic grows too, and the mom who took care of everyone while you were growing up might be the one who needs care now. That can look different for each family, but it’s always helpful to have some support when going through this process–whether that’s Estate Planning or applying for benefits to help pay for a nursing home, we can provide the legal support necessary for you to give the greatest gift that you can, your attention, patience, and help. 

 

The work we do at Ard Law Firm, PLLC is a collaborative process between our team and our clients. This team mentality is necessary because there are many personal documents such as bank statements and marriage licenses that we simply cannot obtain without your help. Become part of Mom’s team by helping her with some of the important tasks required to finalize her plan. 

 

The Modern Mother’s Day Coupon Cards 

Remember those homemade coupon cards for “cleaning your room” or “10 free hugs”? Well, we’ve created some highlighting the key points where you might need to help your Mom in legally preparing for the next stage of life. (Are you a Mom reading this? Go ahead and share on Facebook–be sure to tag your kids!) 

 

If your mother has been talking about an estate plan and never gotten around to it or keeps worrying about the cost of long-term care in the future, calling our office might be the greatest gift you can give her, but it’s still really just the start–she might need support along the way. 

• Free Zoom Call Set Up OR  Free Ride to Consultations
• Whether online, teleconference, or in-person, your first consultation with us is always FREE–we’re doing our part to help Mom with the first step, are you? Offer to walk her through zoom or bring her to the office. 

 

• Help Locating Documents 
• Check what you thought was a sewing kit or cookie tin, we’ve seen important papers be found in the strangest of places. Who knows, you might even find sentimental trinkets and forgotten photos in your search. This task can be stressful on people with mobility limits or forgetfulness–help Mom by taking an afternoon to go through every nook and cranny if she’s been having trouble finding the documents we need. 
• Some of those documents might include: marriage certificates, deeds, bank statements, social security cards, etc.

 

• 5 Free Technology Lessons 
• Once those documents are found, it’s often important they get to the paralegal assigned to your case ASAP. If you have a smartphone, there is likely a “scan documents” feature that can be quite helpful in this process. Here’s a quick guide we made for iPhone users *link to .pdf*
• Another technological struggle we see is navigating online banking. For certain applications, we need to see bank statements, and not just screenshots from the mobile app. Walk your mom through the desktop website of her bank and show her how to print to .pdf and email us an attachment. 

 

• Help Filing Your VTR-121 Form (s) 
• If your attorney recommends beneficiary designations on your automobiles, they will direct you to a VTR-121. It is a simple form you can find online from the TX DMV website. It is very straightforward and your Mom might not even really need help with this task, but it’s always nice to offer your support when you can. 
• Here’s an excellent guide including the forms you need: Download VTR 121 Walkthrough and forms 2023

 

• Countless Conversations about your Wishes 
• The process of preparing for the next stage of life reaches far beyond our office walls. There are heartfelt moments learning about your Mom’s wishes and needs for the family home, long-term care, funeral plans, and important healthcare decisions. 
• We know these aren’t easy topics for families to traverse, but we’ve found a really great resource in The Conversation Project for how to prepare for and navigate these talks. 

 

Ard Law Firm wishes everyone a very Happy Mother’s Day!

Here’s Why You Need a Will

Many celebrities die without wills. This past year saw a host of celebrity estate snafus. It’s as if they were sending a message from beyond that they didn’t care about how much turmoil and family fights would take place over their money and assets. Some of these battles go on for decades. However, as reported in Press Republican’s article “The Law and You: Important to make a will,” even if you think you don’t have enough property to make it necessary to have a will, you’re wrong. It’s not just wealthy or famous people who need wills. 

Do you really want other people making those decisions on your behalf? Would you want the laws of your state making these decisions? Your family will do better, if you have a will and an estate plan.

For example, in New York State, if you don’t have a will, your surviving spouse will receive the first $50,000 plus one half of remaining property. Your children, whether they are minors or adults, will get an equal share of the other half.

If you have a spouse but no children, your spouse will inherit everything. If you have children and no spouse, then the children get everything, divided equally.

If you have no spouse, no children and living parents, then your parents will inherit everything you own.

If your parents are not alive, your siblings will get it all.

Adopted children are treated by the courts the same as biological children, when there is no will. Stepchildren and foster children do not inherit, unless they are specifically named in the will.

If you have been in a long-term relationship with someone and never married, even if they qualify for health care benefits from your employer under the “domestic partner” provision, they are not considered a spouse when it comes to inheritance. At the same time, if you are not legally married and your partner dies, you have no legal right to inherit from your partner’s estate. No matter how long you have been together, how many children you have together, if you are not legally married, you have no inheritance rights.

Check your state’s laws for the rights of “common law marriages;” New York State does not recognize these as a legal union. In very limited cases, New York State has been known to recognize common law marriages from other states where they are legal, but that is the exception and not the rule. There are limits here as well: both parties will have to agree to be married, must represent to others that they are married and may not be married to anyone else.

If you want someone who is not your legal spouse to receive your assets, you need to meet with an estate planning attorney and have a will drawn up that meets the requirements of the laws of your state. An estate planning attorney will be able to explain how your state laws work and what provisions are and are not acceptable in your estate.

An estate planning attorney will also help you consider other issues. Do you want to leave anything to a charity that matters to you? Do you want anyone else besides your children to receive something after you pass? Is there anyone who needs a trust, because they are unable to manage their finances, or you are concerned about their marriage ending in divorce? Making these decisions in a properly prepared will, can protect your family and lessen the chances of your wishes being challenged. 

Reference: Press Republican (Dec. 18, 2018) “The Law and You: Important to make a will”

Dispute over Family Trust Turns Deadly

Raymond Giehl III became concerned when his wife sent him a text message that her uncle Lucius Hamilton III was at their home in an Indianapolis suburb and then she did not return his calls. He checked a feed of the home’s security cameras and saw Lucius. When he went home to check on his wife, Raymond discovered that she and their four-year-old son had been murdered. 

Multiple law enforcement agencies began a manhunt for Lucius that included a lockdown of the small college where he worked. He was eventually found in an Indianapolis hotel room dead of an apparent suicide. 

The Daily Mail reported this story in "Husband was watching home security footage from work when Indiana college administrator killed his wife and son, four, in fight over multi-million dollar family trust."

The details of the dispute are unclear, but it is believed to have started over a family trust that had been a source of contention between Lucius Hamilton III and his niece for many years. Lucius and his brother Raymond (the father of Raymond Giehl III) were co-representatives of their father’s estate that was settled in 2007. 

Raymond passed away in 2012. 

The details of the family trust are not public, but it is believed to be worth millions of dollars.

Although they rarely turn deadly, disputes over family trusts are not uncommon, especially between members of competing generations. Older beneficiaries often have interests that are in conflict with the interests of younger beneficiaries that can result in disputes over trust management. 

When that happens, it is best to seek the advice of neutral third parties instead of letting the disputes simmer.

Reference: Daily Mail (Feb. 18, 2016) "Husband was watching home security footage from work when Indiana college administrator killed his wife and son, four, in fight over multi-million dollar family trust."

 

Trump Under Fire Over Actions Surrounding Father's Estate

Donald Trump is well known for his blunt, off-the-cuff comments. He does not seem to have an internal filter like most politicians. It is one of the reasons his supporters like him and his detractors do not. 

Given this temperament it should come as no surprise that a challenge to his father's will caused Trump to act out of anger. Consequently, he is now having to answer questions about it.

Trump's older brother was not interested in the family real estate business. He instead became a pilot until alcoholism forced him out of the sky. He died from the disease in 1991. 

When Trump's father passed away in 1999, Fred Trump III, Donald's nephew from his brother, spoke at the funeral. That night Fred III's child was born with cerebral palsy. Donald Trump pledged that the Trump family would take care of the child's medical needs. 

However, when his father's will was read it was discovered that his brother's family was cut out of the will. 

Donald Trump had helped create the will. 

His nephew's family claimed Donald and his other siblings had unduly influenced their father who suffered from dementia. They challenged the will. This angered Trump and he cut off support for the child with cerebral palsy. 

The Daily Mail has more on this story in "Donald Trump admits cutting off medical treatment for his nephew's sick baby after will dispute with alcoholic brother's family."

Undoubtedly this story will be used for political reasons as long as Donald Trump remains a presidential candidate. 

There is, nevertheless, a non-political lesson in all of this.

When families feud over estates, the feuds have a way of affecting others, like the medical treatment of a sick child.

Reference: Daily Mail (Jan. 3, 2016) "Donald Trump admits cutting off medical treatment for his nephew's sick baby after will dispute with alcoholic brother's family."

 

Use Family Meetings As A Forum For Estate Planning

Communication is key when it comes to estate planning. In fact, the entirety of an estate plan – from the advance health directives covering your end-of-life decisions down to the distribution of your assets – is all about communication. However, not all decisions are easily and clearly communicated in writing. What you may need is a “family meeting.” If the term “family meeting” conjures little more than memories of classic TV shows, (e.g., the “Brady Bunch”), then you are not alone. As addressed in a recent article on WealthManagement.com titled “Family Meetings Come of Age,” the family meeting can be a very useful forum for estate planning. A family meeting, whatever that may mean for you and your loved ones, represents a conscious act to come together and openly communicate. All families are different, too. The family meeting for one family may be more of a means to relay information, while for another family there may be more collaboration on the planning itself. In the end, as long as there is something to communicate, there is value to the family meeting. As the original article notes, it is really up to you and your loved ones to shape the event together. Reference: WealthManagement.com (November 7, 2013) “Family Meetings Come of Age”