How to probate a copy of a Will It is often necessary to transfer title of assets of the deceased or to pay any debts due by the deceased through the process (called probate) of getting approval of the court that the Will of the deceased...
Do you think that if you are married that your spouse automatically is entitled to all of your assets? Do you think that if you disinherit your spouse or perhaps your children in your Will that they automatically will not be entitled to any rights to your...
Facts: Potential Medicaid applicant for governmental assistance to help pay nursing home costs had limited amount of cash and monthly income and had given away money to a relative who spent the money gifted and could not give anything back. This success story is an illustration of how to...
The IRS has issued final regulations for Able accounts, a tax-advantaged savings account for those determined to be disabled before age 26, pursuant to the Achieving a Better Life Experience (Able) Act that was passed six years ago. Funds deposited into Able accounts do not risk...
Many trusts do not name corporate (i.e., banks or other financial institutions, etc.) or professionals (attorneys or CPAs) as a trustee. Unlike corporate trustees (which generally charge a percentage of assets held in the trust on an annual basis pursuant to a fee schedule) or professional trustees, trusts...
Although “Miller” or “Qualified Income” Trusts have been around for over twenty years (this author has been doing them since first approved in Texas in 1994), it is often surprising how confusing this income trust is to many – including some banks. Several Medicaid programs...
In a battle of the two most common probate avoidance deeds, it is often (but now always) better in Texas to use a Ladybird Deed (which is an enhanced life estate deed) than a Transfer on Death Deed. In both types of deeds, the owner...
As the pandemic continues to wreak havoc with many experiencing the loss of a loved one, unemployment or reduced income and higher levels of debt, many are now asking which of their debts will continue after death and which will be forgiven and the resulting...
As year 2020 comes to an end, it is a good year to make gifts for some due to the CARES Act and potential future law changes – unless there is a possibility of applying for certain public benefits within an applicable “lookback period”. Due to...
As of January 1, 2021, the equity limit for a homestead applicant (who is single) for either the nursing home Medicaid program or “waiver” home care Medicaid program has increased to $603,000. Thus, if the home equity (the difference between the appraised value and any...
