Author: Michael B. Cohen

19 Jan NURSING HOME MEDICAID INCOME CAP TO RISE

Posted at 09:00h in Assisted Living, Divorce, Long Term Care, Medicaid Application, Michael Cohen Dallas Elder Lawyer, Miller Trust, Nursing Home, Social Security

As many of you know, Texas is an income cap state in connection with long-term care Medicaid eligibility. Presently, if an applicant for nursing home Medicaid has “countable” income (certain income is exempt or excluded) over $2,205 per month, then such applicant is ineligible for...

11 Jan HOMESTEAD EQUITY LIMIT INCREASED TO $572,000

Posted at 09:00h in Estate Planning, Home Equity, Lady Bird Deed, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home, Transfer of Death

As of January 1, 2018, the equity limit for a homestead applicant (who is single) for the nursing home and “waiver” home care Medicaid program has increased to$572,000. Thus, if the equity limit is less than that, it is a non-countable resource in determining Medicaid...

05 Jan 2018 Protected Resource Amount Increase – Government Helps Pay Nursing Home Cost

Posted at 09:00h in Assisted Living, Home Equity, Long Term Care, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home, Social Security

The 2018 Protected Resource Amount (“PRA”) dollar figures were recently released which are used to determine how much can be protected when one spouse is in a nursing home and applies for Medicaid (which may pay all or a part of long-term care costs) and...

26 Dec UNSENT TEXT MESSAGE RULED TO BE WILL

Posted at 09:00h in Michael Cohen Dallas Elder Lawyer, Wills

An Australian court has ruled that an unsent text message on the mobile phone of Mark Nichol was sufficient to be a valid will as it showed his testamentary intentions of leaving his home and pension to his brother and nephew rather his wife and...

18 Dec SUCCESS STORY OF THE MONTH

Posted at 09:00h in Alzheimer’s, Asset Protection, Business, Disability Benefits, End of Life Care Planning, Estate Planning, Long Term Care, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Power of Attorney, Probate Administration, Public Benefits Protection, Quality of Life, Social Security, Special Needs, Special Needs Trust, Success Story of the Month, Transfer of Death, Wills

Last Monday we were requested to do a Will for an 89-year-old married woman who was just put on hospice. Due to her being on hospice, we put her as an immediate priority. Her 90-year-old husband has Alzheimer’s disease and is living in an institutional...

11 Dec FIVE WAYS TO TRANSFER A HOME WITHOUT JEOPARDIZING MEDICAID ELIGIBILITY

Posted at 09:00h in Estate Planning, Home Equity, Lady Bird Deed, Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Power of Attorney, Social Security, Taxes, Transfer of Death

Under the long-term care Medicaid Rules (which helps pay for long-term care costs), there is normally a five year “look back” period whereby the state can penalize an applicant from Medicaid eligibility if there is an uncompensated transfer within five years from when one applies...

04 Dec 2018 ESTATE TAX EXEMPTION TO BE $5.6 MILLION PER PERSON EVEN WITHOUT TAX REFORM

Posted at 09:00h in Estate Planning, Inheritance, Michael Cohen Dallas Elder Lawyer, Taxes

Although some states have state estate, inheritance or death taxes at a lower threshold, Texas follows the federal estate tax limits (the amount you can leave to your heirs without estate tax) which is estimated (based on inflation numbers) to be $5.6 million for a...

27 Nov 10 EXCEPTIONS TO LONG-TERM CARE MEDICAID’S TRANSFER PENALTY RULES

Posted at 11:00h in Beneficiary, Disability Benefits, Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home, Social Security, Trusts, utma

Since long-term care Medicaid (which helps pay some or all of a Medicaid applicant’s nursing home and drug costs) is “means-tested” (the government looks at the amount of assets and type of assets owned by the applicant), there are transfer penalty rules creating a certain...

20 Nov SUCCESS STORY OF THE MONTH

Posted at 11:00h in Alzheimer’s, Asset Protection, Business, Disability Benefits, End of Life Care Planning, Estate Planning, Long Term Care, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Power of Attorney, Probate Administration, Public Benefits Protection, Quality of Life, Social Security, Special Needs, Special Needs Trust, Success Story of the Month, Transfer of Death, Trusts

13 Nov ONLINE NOTARIZATION COMING TO TEXAS IN 2018

Posted at 11:00h in Business, Estate Planning, Michael Cohen Dallas Elder Lawyer, Notarizations

Online notarization, whereby a notarial act is performed by means of two-way video and audio conference that meets standards for credential analysis and identity proofing as well as standards for equipment, security and certain technology, will be permitted in Texas as of July 1, 2018....

06 Nov NEUROSCIENTIST PREDICTS ALZHEIMER’S DELAY MEDICATION TO BE DEVELOPED IN NEXT 10 YEARS

Posted at 11:00h in Alzheimer’s, Dementia, Michael Cohen Dallas Elder Lawyer

British neuroscientist Joseph Jebelli predicts in his new book entitled “In Pursuit of Memory: The Fight Against Alzheimer’s” that a drug will be developed in the next 10 to 20 years that will be given to someone years before they start experiencing symptoms of Alzheimer’s...

30 Oct TEXAS REVOCABLE LIVING TRUSTS ADVANTAGES AND MISCONCEPTIONS

Posted at 11:00h in Asset Protection, Estate Planning, Financial Powers of Attorney, Long Term Care, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Power of Attorney, Probate Administration, Public Benefits Protection, Retirement, Social Security, Trusts

Many are under the mistaken impression that only the wealthy need trusts and that it is never needed in Texas since the probate process (the court process confirming the Will is valid) is simple in Texas compared to many other states. Although what is best for the individual may vary,...

23 Oct SUCCESS STORY OF THE MONTH

Posted at 11:00h in Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home, Social Security, Success Story of the Month

The daughter of a Medicaid applicant came to our office in August in dire need. Her mother had to enter a nursing home around April 2017 and she had very limited resources (just a few hundred dollars and a small insurance policy). The nursing home...

16 Oct NEW MEDICAID TRANSFER PENALTY DIVISOR ANNOUNCED

Posted at 11:00h in Estate Planning, Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home

Effective September 1, 2017, the “transfer of assets divisor” in Texas increased to $172.65 per day from $162.41. The increased figure applies to long-term care Medicaid applications in Texas submitted on or after September 1, 2017. When an individual needs long-term care (such as nursing...

09 Oct IRS GIVES TAX RELIEF FOR HURRICANE HARVEY AND IRMA VICTIMS

Posted at 11:00h in 401(k), Business, Estate Planning, Michael Cohen Dallas Elder Lawyer, Retirement, Taxes

The Internal Revenue Service (IRS) has announced several items of tax relief for those who live or have businesses affected by Hurricane Harvey and Hurricane Irma including the following: Postponement of certain deadlines (such as extension of a 2016 tax return due to run out on...

05 Oct SENATE APPROPRIATIONS COMMITTEE APPROVES MAJOR INCREASE IN ALZHEIMER’S FUNDING

Posted at 11:00h in Alzheimer’s, Dementia, Michael Cohen Dallas Elder Lawyer

Through bipartisan support, the U.S. Senate Appropriations Committee has approved an additional $414 million increase in Alzheimer’s and dementia research. Congress has granted approval of similar increases in recent years and if this bill is signed into law, then federal funding into Alzheimer’s and dementia-related...

02 Oct ANTICIPATED TRUMP TAX REFORM PROPOSALS – WHAT IT MEANS TO YOU

Posted at 15:11h in Business, Estate Planning, Michael Cohen Dallas Elder Lawyer, Mortgage, Retirement, Taxes

Although details of President Trump based on prior statements tax proposals have not yet been released and this is mere speculation, here are a few of the anticipated tax reform proposals: For individuals: Double the standard deduction; Eliminate itemization deductions (other than contributions to retirement savings,...

25 Sep SUCCESS STORY OF THE MONTH

Posted at 11:00h in Beneficiary, End of Life Care Planning, Estate Planning, Long Term Care, Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Nursing Home, Social Security, Success Story of the Month, Taxes, Wills

Mr. and Mrs. Smith (the names have been changed for confidentiality reasons) had the unusual situation where both of them had to go into a nursing home at approximately the same time. Neither Mr. nor Mrs. Smith has long-term care insurance. Both could live a...

18 Sep NURSING HOMES BENEFIT FROM RULE CHANGE – BUT WILL THE CONSUMER?

Posted at 12:00h in Assisted Living, Dementia, Elder Justice, Long Term Care, Michael Cohen Dallas Elder Lawyer, Nursing Home

The Trump administration has announced that it will undo the rule originally issued by the Obama administration that prevented nursing homes from requiring residents or their representatives to resolve disputes by arbitration (instead of being able to sue) as a condition of admission to the...

11 Sep NEW STUDY: EARLY DETECTIONS OF ALZHEIMER’S DISEASE THROUGH EYE SCREENING

Posted at 11:00h in Alzheimer’s, Michael Cohen Dallas Elder Lawyer

Data has suggested amyloid accumulation in the retina is an early event in Alzheimer’s disease. The inexpensive screening could be determined by giving a patient a pill of Curcumin (found in turmeric) as a fluorescent to light up the toxic amyloid protein deposits in...