Blog

27 Sep VETERANS AFFAIRS RULES AGAINST TRANSFERS TO GET BENEFITS EVEN THOUGH LAW HAS NOT YET CHANGED

Posted at 19:53h in Disability Benefits, Medicaid Application, Michael Cohen Dallas Elder Lawyer, Veterans

In a somewhat stunning development, many veteran benefits planners are reporting that the Department of Veterans Affairs (VA) has started denying some applications for benefits in cases where the veteran has made a recent transfer to reduce net worth to obtain benefits. For many years...

22 Sep Senate Bill Proposes Penalty for VA Benefits Applicants That Make Transfers within 3 Years before Application

Posted at 18:48h in Disability Benefits, Michael Cohen Dallas Elder Lawyer, Veterans

Senate Bill 3270 has been introduced to require the Secretary of Veterans Affairs (VA) to consider the resources of individuals applying for non-service disability pension that were recently disposed of by the individuals for less than fair market value when determining the eligibility of such...

17 Sep SUPREME COURT DECISION RESULTS IN 3.8% MEDICARE SURTAX FOR SOME TAXPAYERS

Posted at 18:22h in 401(k), Business, Elder Justice, End of Life Care Planning, Estate Planning, Guardianship, Medicare, Michael Cohen Dallas Elder Lawyer, Trusts

The recent Supreme Court decision permitting passage of the Affordable Care Act will result in 3.8% Medicare surtax beginning in January 2013 and will apply to all taxpayers whose income exceeds a threshold amount which effectively raises the marginal tax rate for some. The tax...

13 Sep Could a Child be Responsible for a Parent’s Nursing Home Bill?

Posted at 18:22h in Long Term Care, Medicare, Michael Cohen Dallas Elder Lawyer, Nursing Home, Trusts

Although children are not generally responsible for a parent’s debts, 29 states have passed “filial support” bills whereby adult children can be pursued to pay the bills of their parents including their long-term care bills. A recent appellate court case in Pennsylvania allowed a nursing...

27 Aug Son of a Gun – is there really such a thing as a Gun Trust?

Posted at 09:13h in Beneficiary, Michael Cohen Dallas Elder Lawyer, Probate Administration, Trusts

Although the 2^nd Amendment of the U.S. Constitution gives the fundamental right to own a firearm, the National Firearms Act of 1936 regulates NFA firearms including, but not limited to, all fully automatic and select fire weapons, short-barreled rifles, shotguns and sound suppressors (silencers). If permitted under state law, you can own an NFA firearm. However, you have to pay a $200 tax on each firearm and you have to register them with the Bureau of Alcohol, Tobacco, Firearms and Explosives. Furthermore, unless you acquire them through a trust or other entity, you have to obtain the consent of your chief of police (which some may be reluctant to do). Failure to do so could result in criminal prosecution, a fine and the confiscation of the firearm(s).

20 Aug Michael B. Cohen has been named a Five Star Wealth Manager by Texas Monthly

Posted at 08:09h in Estate Planning, Michael Cohen Dallas Elder Lawyer

We are pleased to announce that the August 2012 issue of Texas Monthly magazine has again selected Michael B. Cohen as the only elder law attorney (although listed under the category of estate planning) in the Dallas-Fort Worth area as a Five Star Wealth Manager...

13 Aug Need Help with Nursing Home and Assisted Living Costs?

Posted at 07:05h in Assisted Living, Long Term Care, Medicaid Application, Medicare, Michael Cohen Dallas Elder Lawyer, Nursing Home

Transfer Penalty Rules Different for those Seeking Medicaid Assistance at Home Most people in need of care would prefer to stay at home rather than go to a nursing home. However, if you don’t have long-term care insurance or other ways to pay for the cost...

06 Aug New Annuity Introduced to Assist those Applying for Veterans Benefits -but will it work?

Posted at 08:58h in Assisted Living, Beneficiary, Disability Benefits, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home, Trusts, Veterans

To assist with the costs of care if their medical expenses are high, wartime veterans or their surviving spouses often apply for non-service connected disability improved pension benefits (commonly referred to as “Aid & Attendance” although that is only a portion of the benefit) assuming all eligibility requirements are met. Various types of annuities are often used in the planning process so that eligibility can be obtained for Veterans Benefits. However, Medicaid benefits are often greater (especially for nursing home care) and the eligibility rules (and planning) are significantly different. On the other hand, VA benefits can be used anywhere (home, assisted living, nursing home, etc.) whereas very few assisted living facilities accept any Medicaid program.

20 Jul CONVICTED SWISS AVENUE MANSION SWINDLER ONLY GETS 30 DAYS, FINE AND PROBATION

Posted at 00:43h in Michael Cohen Dallas Elder Lawyer, Probate Administration

Here's a follow up to our previous post https://dallaselderlawyer.com/infamous-dallas-swiss-avenue-elder-abuse-defendant-goes-to-trial-on-attempted-theft/ Mark McCay, who was convicted by a Dallas jury on June 21 of attempted theft by getting 88 year old former model Mary Ellen Bendtsen to sign a new will (which was thrown out by the probate court)...

05 Jul INFAMOUS DALLAS SWISS AVENUE ELDER ABUSE DEFENDANT GOES TO TRIAL ON ATTEMPTED THEFT

Posted at 22:30h in Dementia, Michael Cohen Dallas Elder Lawyer

One of the defendants (Mark McCay) in the case that raised the conscience of North Texans about elder abuse as chronicled in a 2006 series in the Dallas Morning News is presently facing charges of attempted theft of the Swiss Avenue mansion of the late...

27 Jun LONG TERM CARE INSURANCE BECOMING LESS AFFORDABLE BUT CAN YOU AFFORD NOT TO HAVE IT?

Posted at 23:26h in Asset Protection, Assisted Living, End of Life Care Planning, Estate Planning, Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home, Public Benefits Protection

With fewer insurance companies offering long term care insurance (at least 14 fewer in the last 5 years) and premiums rising (for new and some existing policies) fewer may be able to afford long term care insurance (insurance that can help cover personal care costs...

20 Jun GAO REPORT LIKELY TO SPUR MEDICARE AND MEDICAID PROGRAM INTEGRITY CHANGES

Posted at 23:19h in Medicaid Application, Medicare, Michael Cohen Dallas Elder Lawyer

On June 7, 2012, the Government Accountability Office (GAO) issued a report on methods to reduce improper payments to Medicare and Medicaid beneficiaries. The Centers for Medicare and Medicaid Services (CMS) reported an estimated $21.9 billion of improper payments to Medicaid and $43 billion of...

13 Jun VETERANS PENSION PROGRAM ELIGIBILITY RULES LIKELY TO CHANGE AFTER GAO REPORT

Posted at 23:19h in Asset Protection, Assisted Living, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home, Public Benefits Protection, Taxes, Trusts, Veterans

The Government Accountability Office (GAO) released a report last week regarding abuse of the Veterans Pension Program which is likely to spur a major change in the eligibility rules and make it more difficult for a wartime veteran (or his or her surviving spouse) to...

30 May TEXAS LAW PERMITS GUARDIANS TO MAKE GIFTS FOR MEDICAID PURPOSES

Posted at 16:32h in Assisted Living, Disability Benefits, Estate Planning, Guardianship, Medicaid Application, Michael Cohen Dallas Elder Lawyer, Nursing Home, Probate Administration

Effective September 1, 2011, Texas Probate Code Section 865 was amended to allow a guardianship court, upon application to approve gifts on behalf of the ward for the following purposes, in addition to tax-motivated gifts: “… or to transfer a portion of the ward’s estate...

23 May STATE POLICY HANDBOOK ACKNOWLEDGES LADYBIRD (ENHANCED LIFE ESTATE) DEEDS DO NOT RESULT IN A TRANSFER PENALTY

Posted at 16:28h in Assisted Living, Estate Planning, Home Equity, Lady Bird Deed, Long Term Care, Medicaid Application, Michael Cohen Dallas Elder Lawyer, Nursing Home, Power of Attorney, Transfer of Death

As of March 1, 2012, the Texas Medicaid for the Elderly and People with Disabilities Handbook (which is a publication of the policy rules for long –term care Medicaid eligibility) now provides that “a transfer of a person’s home does not result in a transfer...

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