Blog

30 Jun “GRANNY GOES TO JAIL” LAW – AGAIN!

Posted at 09:06h in Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Mortgage

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...

23 Jun COURT RULES BENEFICIARY CAN SUE EXECUTOR WITHOUT LOSING INHERITANCE DESPITE NO-CONTEST CLAUSE

Posted at 09:10h in Beneficiary, Estate Planning, Inheritance, Michael Cohen Dallas Elder Lawyer, Wills

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...

16 Jun HOW TO PROTECT YOUR HOME, CAR, AND OTHER ASSETS FROM THE GOVERNMENT IF YOU RECEIVE MEDICAID

Posted at 20:18h in Beneficiary, Business, Estate Planning, Lady Bird Deed, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home, Probate Administration, Social Security, Transfer of Death

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...

09 Jun WHAT IS A MILLER TRUST?

Posted at 09:14h in Beneficiary, Long Term Care, Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Miller Trust, Nursing Home, Social Security, Trusts

**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...

02 Jun COURT RULES AGENT UNDER POWER OF ATTORNEY CANNOT DEED PROPERTY TO SELF

Posted at 09:03h in Beneficiary, Estate Planning, Michael Cohen Dallas Elder Lawyer, Power of Attorney

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...

26 May APPELLATE COURT RULES “GEORGE JEFFERSON” HAD CAPACITY TO SIGN HIS WILL

Posted at 09:13h in Beneficiary, Estate Planning, Michael Cohen Dallas Elder Lawyer, Power of Attorney, Wills

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...

21 Apr Credit for Caring Act proposed by Congress

Posted at 09:13h in Long Term Care, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home

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...

14 Apr Ladybird Deed vs. Transfer on Death Deed

Posted at 09:28h in Estate Planning, Home Equity, Lady Bird Deed, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Mortgage, Nursing Home, Power of Attorney, Probate Administration, Transfer of Death

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...

07 Apr Bad Decision on Converting Roth IRA in 2015? It’s Not Too Late to Undo

Posted at 14:38h in Elder Justice, Michael Cohen Dallas Elder Lawyer, Taxes

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...

17 Mar How to Stop a Parent from Driving

Posted at 08:35h in Elder Justice, End of Life Care Planning, Estate Planning, Long Term Care, Michael Cohen Dallas Elder Lawyer, Power of Attorney, Special Needs

Although many older drivers actually have a better safety rating than younger drivers, it is a common concern that a parent might endanger himself or herself as well as others if the keys to the car are not taken. People are living longer – so...

03 Mar How to Protect Your Pet if you Die or Become Disabled

Posted at 09:29h in Disability Benefits, Estate Planning, Long Term Care, Michael Cohen Dallas Elder Lawyer, Power of Attorney, Trusts

Although most think of outlandish cases when giving or caring for a pet such as when Leona Helmsley left $12 million (which the court subsequently reduced to $2 million) of her $4.8 billion estate in a pet care trust for her dog “Trouble”, there are...

28 Jan Veteran’s Improved Pension Benefits under Attack by New Congressional Bill

Posted at 09:18h in Asset Protection, Assisted Living, Disability Benefits, Michael Cohen Dallas Elder Lawyer, Nursing Home, Social Security, Taxes, Trusts, Veterans

On January 8, 2016, the “Veterans Care Financial Protection Act of 2016” was introduced allegedly to protect individuals who are eligible for increased pension under laws administered by the Secretary of Veterans Affairs on the basis of need of regular aid and attendance from “dishonest,...

21 Jan State Attorney Generals Attack Pre-Dispute Arbitration Agreements

Posted at 10:12h in Assisted Living, Elder Justice, Long Term Care, Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Nursing Home

At the present time, most nursing homes require residents or their “responsible party” to sign a nursing home admission agreement which binds the resident to arbitration instead of giving them the right to sue the facility if the facility is either negligent or is in...

14 Jan Court Rules that Father Cannot Marry his Son

Posted at 08:00h in Beneficiary, Inheritance, Michael Cohen Dallas Elder Lawyer, Taxes

A Pennsylvania court recently ruled that a man who had adopted his same sex partner as his son in 2012, cannot annul his adoption so that he could marry his partner (adopted son). Prior to the U.S. Supreme Court decision which prohibited the ban by states...

07 Jan Congress Encourages gifts from IRAs to Charity

Posted at 22:34h in Charitable Giving, Estate Planning, Michael Cohen Dallas Elder Lawyer, Retirement

Over the past several years, Congress encouraged donors over 70 ½ years of age to give funds from their Individual Retirement Accounts (IRAs) to charities by not subjecting the donor to income taxation which is normally the case when an individual makes a withdrawal from...

11 Dec Congressional Bill Limits Use of Annuities in Medicaid Planning

Posted at 16:42h in Beneficiary, End of Life Care Planning, Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home, Retirement, Social Security

The House of Representatives has a proposed bill (HR 1771) that would change long established rules for the use of single premium immediate annuities in planning for the protection of a well-spouse (commonly referred to as the “community spouse”) if his or her spouse needs...

14 Nov GOVERNMENT PAID NURSING HOME CARE COSTS FOR APPLICANTS WITH AN IRA GETS EASIER

Posted at 06:00h in Long Term Care, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home, Retirement

Due to a recent interpretation of the term “annuity” by the Texas Health and Human Services Commission, Medicaid coverage (such as payment of nursing home care costs and drugs) for an applicant with an IRA just became easier. Retirement accounts, such as an IRA or...

Medicaid Services

Blog

30 Jun “GRANNY GOES TO JAIL” LAW – AGAIN!

23 Jun COURT RULES BENEFICIARY CAN SUE EXECUTOR WITHOUT LOSING INHERITANCE DESPITE NO-CONTEST CLAUSE

02 Jun COURT RULES AGENT UNDER POWER OF ATTORNEY CANNOT DEED PROPERTY TO SELF

26 May APPELLATE COURT RULES “GEORGE JEFFERSON” HAD CAPACITY TO SIGN HIS WILL

21 Apr Credit for Caring Act proposed by Congress

14 Apr Ladybird Deed vs. Transfer on Death Deed

07 Apr Bad Decision on Converting Roth IRA in 2015? It’s Not Too Late to Undo

17 Mar How to Stop a Parent from Driving

03 Mar How to Protect Your Pet if you Die or Become Disabled

21 Jan State Attorney Generals Attack Pre-Dispute Arbitration Agreements

14 Jan Court Rules that Father Cannot Marry his Son

07 Jan Congress Encourages gifts from IRAs to Charity

14 Nov GOVERNMENT PAID NURSING HOME CARE COSTS FOR APPLICANTS WITH AN IRA GETS EASIER

Quick Links

Recent Blogs

Let’s Connect

Medicaid Services

Blog

30 Jun “GRANNY GOES TO JAIL” LAW – AGAIN!

23 Jun COURT RULES BENEFICIARY CAN SUE EXECUTOR WITHOUT LOSING INHERITANCE DESPITE NO-CONTEST CLAUSE

16 Jun HOW TO PROTECT YOUR HOME, CAR, AND OTHER ASSETS FROM THE GOVERNMENT IF YOU RECEIVE MEDICAID

09 Jun WHAT IS A MILLER TRUST?

02 Jun COURT RULES AGENT UNDER POWER OF ATTORNEY CANNOT DEED PROPERTY TO SELF

26 May APPELLATE COURT RULES “GEORGE JEFFERSON” HAD CAPACITY TO SIGN HIS WILL

21 Apr Credit for Caring Act proposed by Congress

14 Apr Ladybird Deed vs. Transfer on Death Deed

07 Apr Bad Decision on Converting Roth IRA in 2015? It’s Not Too Late to Undo

17 Mar How to Stop a Parent from Driving

10 Mar SOCIAL SECURITY REPORTS PHISHING SCAM

03 Mar How to Protect Your Pet if you Die or Become Disabled

25 Feb HEALTH CARE SPENDING OVERTAKES SOCIAL SECURITY

28 Jan Veteran’s Improved Pension Benefits under Attack by New Congressional Bill

21 Jan State Attorney Generals Attack Pre-Dispute Arbitration Agreements

14 Jan Court Rules that Father Cannot Marry his Son

07 Jan Congress Encourages gifts from IRAs to Charity

17 Dec Common Strategies to Increase Social Security Income for Married Couples Eliminated by Bipartisan Budget Act of 2015

11 Dec Congressional Bill Limits Use of Annuities in Medicaid Planning

14 Nov GOVERNMENT PAID NURSING HOME CARE COSTS FOR APPLICANTS WITH AN IRA GETS EASIER