Author: Michael B. Cohen

01 May LEGALITY VS. MORALITY

Posted at 15:39h in Beneficiary, Disability Benefits, End of Life Care Planning, Estate Planning, Inheritance, Michael Cohen Dallas Elder Lawyer, Probate Administration

Sometimes clients ask questions where the answer differs as to legality versus morality. As a result, the attorney should be prepared to be both counselor at law and not just an attorney at law. A couple examples of actual cases (all dealing with an inheritance) illustrate...

01 May IS “BIG BROTHER” WATCHING FACEBOOK OF APPLICANTS FOR DISABILITY BENEFITS?

Posted at 15:31h in Disability Benefits, End of Life Care Planning, Estate Planning, Medicaid Application, Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Social Security

Although the Inspector General of the Social Security Administration has monitored social media such as Twitter and Facebook since 2014 to determine if there is fraud by those who receive public disability benefits such as Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI),...

01 May WILL BY BLINKING OF EYES APPROVED BY COURT

Posted at 15:28h in End of Life Care Planning, Estate Planning, Michael Cohen Dallas Elder Lawyer, Notarizations, Probate Administration, Texas Bar Today Top 10 Blog Posts, Wills

The Will of a quadriplegic man (the “Testator”), who was unable to speak and who communicated with his attorney through a blinking system, was recently upheld by a Fort Worth appellate court. The attorney asked “yes” or “no” questions to the Testator who responded by blinking....

01 May SUCCESS STORY OF THE MONTH

Posted at 15:05h in Dementia, End of Life Care Planning, Estate Planning, Home Equity, Lady Bird Deed, Long Term Care, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home, Power of Attorney, Social Security, Success Story of the Month, Transfer of Death, Trusts

Client, a 78 year old widow in the early stages of experiencing dementia, creates an irrevocable trust which gives her the right to occupy her homestead which was deeded into the trust. Her goal was to save her homestead (or the proceeds therefrom if sold...

01 May NEW RETIREMENT SAVINGS ACCOUNT BILL LIKELY TO PASS THIS YEAR

Posted at 09:00h in 401(k), Beneficiary, Business, End of Life Care Planning, Estate Planning, Inheritance, Michael Cohen Dallas Elder Lawyer, Retirement, Taxes, Trusts, Wills

As a result of less employer-sponsored pension plans and the desire of Congress to encourage savings for retirement, it is anticipated that Congress will pass the Setting Every Community Up for Retirement Enhancement (SECURE) Act later this year as it has bipartisan support. It will...

11 Apr DILEMMA FOR SOME DISABLED – ARE YOU READY, WILLING FOR ABLE? PROS AND CONS OF SPECIAL NEEDS TRUSTS VS ABLE ACCOUNTS

Posted at 19:47h in Beneficiary, Disability Benefits, End of Life Care Planning, Estate Planning, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Special Needs, Special Needs Trust, Trusts, utma

The federal law called the Achieving a Better Life Experience (ABLE) Act gives some people with disabilities or their families to establish a tax-free savings account that will not count as a resource for Medicaid eligibility (which is “means-tested”). For an adult disabled person who...

11 Apr PROPOSED LEGISLATION ALLOWS COURT ORDER TO DISCLOSE DIGITAL ASSETS

Posted at 19:31h in Asset Protection, End of Life Care Planning, Estate Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration

Do you bank online? Do you have a Facebook, Twitter or Linked In account? Do you have an app such as Shutterfly? What about Bitcoins? These are all examples of digital assets (see our article about estate planning issues concerning digital assets by clicking here). As a...

11 Apr CASE OF THE MONTH – DOOR #1 OR DOOR #2?

Posted at 19:30h in End of Life Care Planning, Estate Planning, Financial Powers of Attorney, Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home, Power of Attorney, Probate Administration, Transfer of Death

Dad, a nursing home resident in a facility that accepts Medicaid, owns highly appreciated out of state real estate that has been in the family for decades and approximately $100,000 of cash. The goals are to protect the real estate, have governmental assistance in paying...

11 Apr SMALL ESTATE AFFIDAVIT – CHEAPER OPTION TO TRANSFER ASSETS AFTER DEATH

Posted at 19:27h in Asset Protection, End of Life Care Planning, Estate Planning, Guardianship, Michael Cohen Dallas Elder Lawyer, Transfer of Death, Wills

If a Texas resident dies (the “decedent”) without a Will (“intestate”) and the estate assets are less than $75,000 (excluding exempt property such as a homestead if it retains its homestead status when there is a surviving spouse and minor children of the decedent in...

11 Apr PROPOSED NEW LEGISLATION: ONE MORE WAY TO DETERMINE STATUTE OF LIMITATIONS FOR GOVERNMENT TO MAKE CLAIM AGAINST YOUR HOME

Posted at 19:26h in Assisted Living, Beneficiary, End of Life Care Planning, Estate Planning, Lady Bird Deed, Long Term Care, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home, Probate Administration, Transfer of Death, Trusts, Wills

Although there are numerous ways to avoid a successful claim for estate recovery by the state government for Medicaid benefits (such as long-term care in a nursing home, assisted living facility or care at home, in addition to drugs) as set forth in a prior...

08 Mar TAX CREDIT FOR DAY CARE OF DEPENDENT

Posted at 22:06h in Estate Planning, Michael Cohen Dallas Elder Lawyer, Taxes

If you have a dependent (i.e., a young child, an elderly parent or a disabled child) who lives with you more than one-half the year and who cannot be left alone, you might be entitled to a tax credit. Although you can no longer claim a...

08 Mar SUCCESS STORY OF THE MONTH – GRANDCHILD YELLS “HOORAY” FOR GIFT THAT MEDICAID SAYS IS OK

Posted at 22:05h in 529 plan, Beneficiary, Estate Planning, Long Term Care, Medicaid Application, Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Nursing Home, Success Story of the Month, utma

This is a case where a client took advantage of one of the exceptions to the long-term Medicaid transfer penalty rules to shift the burden of the cost of care to Medicaid while helping fund her grandchild’s college education. Elderly single client (who has limited resources)...

07 Mar TO ERR IS HUMAN, TO PURR IS FELINE – FASHION DESIGNER LAGERFELD LIKELY MAKES HIS CAT, CHOUPETTE, WORLD’S RICHEST CAT (BREAKING MEWS)

Posted at 17:25h in Disability Benefits, End of Life Care Planning, Estate Planning, Michael Cohen Dallas Elder Lawyer, Power of Attorney, Probate Administration, Trusts, Wills

When world famous Chanel fashion designer Karl Lagerfeld died on February 19, 2019, it has been widely speculated that a good portion of his estimated estate of more than $150,000,000.00 will be inherited by his Birman cat, Choupette, if proper legal planning was prepared. Lagerfeld...

07 Mar UNGRATEFUL DEAD – FIVE WAYS TO DISINHERIT YOUR CHILD

Posted at 17:16h in Asset Protection, Beneficiary, End of Life Care Planning, Estate Planning, Inheritance, Michael Cohen Dallas Elder Lawyer, Probate Administration, Trusts, Wills

Although most parents do not want to disinherit a child, sometimes they become estranged for reasons ranging from disrespect by the child to the child doing some sort of criminal act. As a result, sometimes disinheritance becomes logical and needed. The following are a few ways...

12 Feb SUCCESS STORY OF THE MONTH – SPENDLESS SPENDDOWN

Posted at 21:18h in Divorce, End of Life Care Planning, Estate Planning, Long Term Care, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home, Retirement, Social Security, Success Story of the Month

Husband (the “institutionalized spouse”) enters into a nursing home in November 2018 while his 70 year old wife (the “community spouse”) lives at home. Husband has no long-term care insurance and his income is insufficient to pay for his care (generally at least $5,000 to...

12 Feb STATE POLICY ON EXCLUDING IRAs AS A RESOURCE FOR MEDICAID CLARIFIED (BUT FURTHER CLARITY IS NEEDED)

Posted at 21:12h in 401(k), Assisted Living, End of Life Care Planning, Estate Planning, Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home, Retirement

Although there are many still unanswered questions and there has been no written policy since changes were initially announced last August, the Texas Health and Human Services Commission (HHSC) on February 7, 2019 attempted to clarify its new policy regarding treatment of retirement accounts (traditional...

12 Feb NEW GOLD STANDARD STUDY SHOWS INTENSIVE BLOOD PRESSURE TREATMENT LIKELY TO SIGNIFICANTLY REDUCE DEMENTIA

Posted at 21:08h in Alzheimer’s, Dementia, Long Term Care

The result of a clinical study entitled “Sprint Mind” seems to demonstrate that intensive treatment to reduce blood pressure (to a consistent systolic pressure of 120 or below) will significantly reduce mild cognitive impairment. Researchers reported a nineteen percent (19%) lower rate of new cases of...

12 Feb IRA DISTRIBUTIONS COULD BE DETRIMENTAL TO RECEIVING VETERANS PENSION BENEFITS

Posted at 21:05h in Assisted Living, Estate Planning, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Retirement, Social Security, Veterans

Many wartime veterans or their surviving spouses who become disabled (for reasons other than wartime service) are entitled to a benefit to help pay for costs of care (most commonly if the veteran or their surviving spouse is in an assisted living facility). Although the...

12 Feb DO YOU TRUST A TRUST? NINE WAYS TO USE A TRUST IN PLANNING

Posted at 21:02h in Asset Protection, Beneficiary, Business, Disability Benefits, Estate Planning, Inheritance, Lawsuits, Michael Cohen Dallas Elder Lawyer, Probate Administration, Public Benefits Protection, Taxes, Texas Bar Today Top 10 Blog Posts, Trusts

Trusts are often a good tool to achieve one’s estate planning. Although this list is not exhaustive, the following are common things to consider: Protect beneficiaries from lawsuits. If properly drafted, a trust created in your Last Will and Testament or in your own revocable or...

Medicaid Services

Author: Michael B. Cohen

01 May LEGALITY VS. MORALITY

01 May WILL BY BLINKING OF EYES APPROVED BY COURT

01 May NEW RETIREMENT SAVINGS ACCOUNT BILL LIKELY TO PASS THIS YEAR

11 Apr DILEMMA FOR SOME DISABLED – ARE YOU READY, WILLING FOR ABLE? PROS AND CONS OF SPECIAL NEEDS TRUSTS VS ABLE ACCOUNTS

11 Apr PROPOSED LEGISLATION ALLOWS COURT ORDER TO DISCLOSE DIGITAL ASSETS

11 Apr CASE OF THE MONTH – DOOR #1 OR DOOR #2?

11 Apr SMALL ESTATE AFFIDAVIT – CHEAPER OPTION TO TRANSFER ASSETS AFTER DEATH

11 Apr PROPOSED NEW LEGISLATION: ONE MORE WAY TO DETERMINE STATUTE OF LIMITATIONS FOR GOVERNMENT TO MAKE CLAIM AGAINST YOUR HOME

08 Mar TAX CREDIT FOR DAY CARE OF DEPENDENT

08 Mar SUCCESS STORY OF THE MONTH – GRANDCHILD YELLS “HOORAY” FOR GIFT THAT MEDICAID SAYS IS OK

07 Mar TO ERR IS HUMAN, TO PURR IS FELINE – FASHION DESIGNER LAGERFELD LIKELY MAKES HIS CAT, CHOUPETTE, WORLD’S RICHEST CAT (BREAKING MEWS)

07 Mar UNGRATEFUL DEAD – FIVE WAYS TO DISINHERIT YOUR CHILD

12 Feb STATE POLICY ON EXCLUDING IRAs AS A RESOURCE FOR MEDICAID CLARIFIED (BUT FURTHER CLARITY IS NEEDED)

12 Feb NEW GOLD STANDARD STUDY SHOWS INTENSIVE BLOOD PRESSURE TREATMENT LIKELY TO SIGNIFICANTLY REDUCE DEMENTIA

12 Feb DO YOU TRUST A TRUST? NINE WAYS TO USE A TRUST IN PLANNING

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Medicaid Services

Author: Michael B. Cohen

01 May LEGALITY VS. MORALITY

01 May IS “BIG BROTHER” WATCHING FACEBOOK OF APPLICANTS FOR DISABILITY BENEFITS?

01 May WILL BY BLINKING OF EYES APPROVED BY COURT

01 May SUCCESS STORY OF THE MONTH

01 May NEW RETIREMENT SAVINGS ACCOUNT BILL LIKELY TO PASS THIS YEAR

11 Apr DILEMMA FOR SOME DISABLED – ARE YOU READY, WILLING FOR ABLE? PROS AND CONS OF SPECIAL NEEDS TRUSTS VS ABLE ACCOUNTS

11 Apr PROPOSED LEGISLATION ALLOWS COURT ORDER TO DISCLOSE DIGITAL ASSETS

11 Apr CASE OF THE MONTH – DOOR #1 OR DOOR #2?

11 Apr SMALL ESTATE AFFIDAVIT – CHEAPER OPTION TO TRANSFER ASSETS AFTER DEATH

11 Apr PROPOSED NEW LEGISLATION: ONE MORE WAY TO DETERMINE STATUTE OF LIMITATIONS FOR GOVERNMENT TO MAKE CLAIM AGAINST YOUR HOME

08 Mar TAX CREDIT FOR DAY CARE OF DEPENDENT

08 Mar SUCCESS STORY OF THE MONTH – GRANDCHILD YELLS “HOORAY” FOR GIFT THAT MEDICAID SAYS IS OK

07 Mar TO ERR IS HUMAN, TO PURR IS FELINE – FASHION DESIGNER LAGERFELD LIKELY MAKES HIS CAT, CHOUPETTE, WORLD’S RICHEST CAT (BREAKING MEWS)

07 Mar LAST YEAR FOR SOME MARRIED COUPLES TO USE STRATEGY TO INCREASE SOCIAL SECURITY

07 Mar UNGRATEFUL DEAD – FIVE WAYS TO DISINHERIT YOUR CHILD

12 Feb SUCCESS STORY OF THE MONTH – SPENDLESS SPENDDOWN

12 Feb STATE POLICY ON EXCLUDING IRAs AS A RESOURCE FOR MEDICAID CLARIFIED (BUT FURTHER CLARITY IS NEEDED)

12 Feb NEW GOLD STANDARD STUDY SHOWS INTENSIVE BLOOD PRESSURE TREATMENT LIKELY TO SIGNIFICANTLY REDUCE DEMENTIA

12 Feb IRA DISTRIBUTIONS COULD BE DETRIMENTAL TO RECEIVING VETERANS PENSION BENEFITS

12 Feb DO YOU TRUST A TRUST? NINE WAYS TO USE A TRUST IN PLANNING