A Harvard research team has hypothesized that when a virus, fungus or bacterium gets into the brain through a membrane, which is likely to leak as we age, the brain’s defense system creates sticky proteins called beta amyloid. After the infection has been successfully fought,...
In an effort to avoid payment of public benefits, the Pennsylvania Department of Human Services recently attempted a ploy that would even make Attila the Hun, the barbaric military leader, blush. Although the Third Circuit Court ruled against the state, it seems shocking to the...
It is not unusual for estate planning attorneys to insert a “no-contest” provision in a will, thus discouraging a beneficiary from contesting by risking loss of inheritance. Normally such provisions are enforceable. However, a Texas appellate court recently ruled that when a beneficiary simply sues...
On June 1, 2003, the Texas Legislature passed a law requiring seizure of property in the estates of some Medicaid recipients after they die to repay the Medicaid programs for the assistance provided. The final rules published by the Texas Health & Human Services Commission...
**Please note that the Medicaid income and asset limitations are subject to change, please click here for 2018 Medicaid Numbers** Although “Miller” or “Qualified Income” Trusts have been around for over twenty years (this author has been doing them since they were first approved in Texas in...
During the lifetime of the person who signed a power of attorney (hereinafter the “Principal”) which gave broad powers (including the right to deed property) to the Agent, the Agent deeded certain real property owned by the Principal to himself (the Agent). After the Principal...
The attorney for Sherman Hemsley (who played the character George Jefferson in the television shows “All in the Family” and “The Jeffersons”) decided to not draft a will for his client since he feared a will contest due to Hemsley’s celebrity status. However, the attorney...
In an effort to help family caregivers who take care of a family member (whether young or old) needing care at home and to give an incentive for the caregiver to work at least part-time (earned income in excess of $7,500 in a year), both...
Many elder law attorneys have pondered whether to use the traditional enhanced life estate deed (also known as a Ladybird Deed) or the new statutory Transfer on Death Deed since both work to avoid estate recovery – the right of the government to make a...
Many Americans probably converted to a Roth IRA to take advantage of the tax-free growth without the requirement of minimum distributions after one reaches 70 ½ years of age. Of course, one of the requirements is to take income taxes on the amount converted. So, for...
