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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...

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...

Blog

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

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Blog

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