Texas Elder Law, Wills, Long Term Care and Estate Planning Lawyers

Weiner & McCulloch, PLLC

5599 San Felipe
Suite 900
Houston, Texas 77056
USA

(713) 624-4294 or (866) 690-3990

(713) 624-4295

www.elderlawhousing.com

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Law Firm Overview

At the Houston law firm of Weiner & McCulloch, PLLC, we integrate traditional estate planning services with a broader, holistic approach to help clients identify and access quality long term care services for elderly persons whose physical or mental health may not allow them to live independently. At Weiner & McCulloch, PLLC, we take a comprehensive approach to addressing long term care planning concerns. We can help you identify the services necessary to provide the proper level of care for your parent or loved one. We can help you identify the means of obtaining these services and assist you in advocating for them.

We provide legal advocacy and planning services with an elder-centric reference including consultation with Elder Care Coordinators so that you can determine your eligibility for programs and assisted living services that may be less intrusive and more satisfactory than either guardianship or nursing home placement. Our staff of Elder Care Coordinators will complete a comprehensive assessment of your parent's physical health, mental and cognitive function, and desire for independence. Through this assessment, we will develop an accurate understanding of his or her current condition and needs, which allows us to formulate successful advocacy positions and successful legal strategies for coping with the aging process.

Houston estate planning lawyers Thomas W. McCulloch and Leonard Weiner each have over 30 years of experience with all facets of wills, trusts, and probate law. They believe that a good life care plan, structured from an elder-centric point of view, can fill an important gap. The attorneys also believe in practical planning for the senior with an eye on wealth preservation, tax planning, and optimum flexibility given the inevitable limitations often present with aging.

Practice Areas

Practice Areas Description

Weiner & McCulloch, PLLC provides a full range of legal services to address the needs of aging people and the elderly including:

- Elder Law

Our firm provides experienced legal representation for elders and their families. Our practice emphasizes on elder advocacy and long term care planning services for seniors, including traditional estate planning services. Both our partners, Thomas W. McCulloch and Leonard Weiner, are also Certified Public Accountants as well. As elder law attorneys, the partners use their training as CPA's to provide an added perspective into the tax and financial aspects affecting elder care issues. With input from our firm's Elder Care Coordinator, we help clients identify potential care providers, access these services and develop strategies to pay for this care. We can provide Medicaid planning strategies to help our clients access governmental assistance for nursing home care or other heath care assistance. We can also assist with applying for Veteran's Benefits.

- Asset Protection

Asset protection is an essential part of any well-developed estate plan. You have worked hard to generate and preserve your wealth; make sure that your estate plan will protect this wealth for future generations. Our attorneys are licensed in Texas as Certified Public Accountants. Their knowledge of financial matters combined with more than 30 years of experience each as an estate planning lawyers make them uniquely qualified to advise clients regarding effective asset protection strategies. We provide effective legal representation for people in the Houston area.

- Long Term Care Planning

At Weiner & McCulloch, PLLC, we use the terms "long term care planning" and "life care planning" interchangeably to describe the range of legal, health care advocacy and financial protection services that we provide. We realize families in crisis or transition face a number of difficult decisions. We integrate and coordinate services for families who want to carefully consider the quality of life, physical comfort and independence of aging parents or loved ones. Effective long term care planning may avoid the need for hasty nursing home placement or ineffective home health care arrangements.

- Medicaid Planning

Medicaid is a means-tested program that disqualifies persons of a certain net worth and income from receiving federal medical benefits to pay for medical or nursing home care. It is impossible to state general rules about planning for Medicaid eligibility, either before or after you or a loved one enter a nursing home. Every case is unique, just like you and your circumstances are unique. Whether or not different planning strategies to protect your assets from nursing home costs will be effective is dependent on each person's specific circumstances. Your level of income, the value of your assets, your marital status, whether you own a home and other factors must be considered. Our estate planning attorneys provide effective legal counsel to clients regarding Medicaid planning, long term care insurance and other asset protection strategies.

- Veterans Benefits

Wartime veterans and their spouses may be eligible to receive Department of Veterans Affairs Aid and Attendance benefits from the Veterans Administration (VA).* The Aid and Attendance (A&A) benefit can be used to pay for assisted living or nursing home care should a veteran or a veteran's spouse need either. Tom McCulloch and Susie Singer are accredited attorneys for the preparation, presentation and prosecution of claims for veterans benefits before the Department of Veterans Affairs. At our firm, we advise and counsel veterans or their surviving spouses regarding veterans administration benefits.

- Estate Tax Planning

As most families are aware, the federal estate tax was temporarily eliminated during 2010. However, it returned in 2011. The new rules are expected to expire in 2013 and during this short window there can be planning opportunities. It is important to seek out a skilled and experienced attorney to help you develop an estate plan that minimizes tax consequences for you and your family into the future. Our lawyers can advise you about special estate planning problems such as family business succession planning, the sale of a family business, or the characterization of community property as separate in prenuptial or postnuptial agreements. We can also strategize your federal estate tax exposure to avoid unintended complications for your other estate planning objectives or goals.

- Business Succession

Our firm advises and represents clients in regard to the following issues: Tax matters; Successor issues; Establishing a business trust; Budgeting; Audits and appeals; Tax delinquency and representation before IRS collections divisions. When the owner of a family-owned business passes away, disputes can arise if one or more heirs demand a buy-out or challenge current business practices. An estate and business continuity plan that is in agreement with company bylaws is the most effective way to protect your company and minimize the likelihood of litigation. At Weiner & McCulloch, PLLC, we work closely with business owners and family-owned businesses in creating detailed business continuity plans intended to stand the test of time.

- Probate and Estate Administration

Our attorneys can handle estate administration and trust administration from the initial probate of the Will or qualification of the trustee to the final accounting. We provide advice and representation in probate court regarding distribution of assets to heirs. We also advise trustees and executors about their fiduciary responsibilities, compliance with state and federal laws, and minimizing risk in the performance of fiduciary duties. We represent executors, trustees, heirs and beneficiaries with responsibility for, or an interest in, an estate or trust subject to probate or administration in Texas. If you are an executor, trustee, heir or beneficiary who lives out-of-state, we work to minimize the need for you to return to Texas while keeping you fully advised of every development.

- Estate Planning

We integrate traditional estate planning into our services for the aging population. We develop estate distribution plans using Wills, trusts and other estate planning documents. When applicable, we focus on asset protection strategies for high-end estates and work to reduce estate taxes and expenses related to estate administration. We create plans to deal with possible future incapacities using powers of attorney and health care directives. These tools allow you to give trusted individuals the power to make medical or financial decisions for you should you become incapacitated. For veterans and their spouses, our office explains what veterans' benefits are available and what must be done to apply for and receive them.