Blog

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

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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...

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25 Feb HEALTH CARE SPENDING OVERTAKES SOCIAL SECURITY

Posted at 10:17h in Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Social Security

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The Congressional Budget Office recently reported that spending on programs such as Medicare and Medicaid, including the additional subsidies resulting from the Affordable Care Act (Obamacare), has resulted in exceeding Social Security spending for the first time in history. A total of $936 billion was...

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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

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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,...

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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

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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...

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14 Jan Court Rules that Father Cannot Marry his Son

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

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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...

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07 Jan Congress Encourages gifts from IRAs to Charity

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

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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...

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

Posted at 06:00h in Medicare, Michael Cohen Dallas Elder Lawyer, Retirement, Social Security

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In our October 2015 issue of the Texas Elder Law E-Letter, we mentioned the likely passage of the Bipartisan Budget Act of 2015 (the president did sign the bill on November 2) whereby Medicare Part B premiums would be much lower than the astronomical amounts...

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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

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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...

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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

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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...

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07 Nov STAGGERING INCREASE IN MEDICARE PART B PREMIUMS AVERTED BY CONGRESSIONAL BUDGET DEAL

Posted at 06:00h in Disability Benefits, Medicaid Application, Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Retirement, Social Security, Taxes

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The President has signed the  “Bipartisan Budget Act  of 2015” on November 2 , 2015  that otherwise could have resulted in as much as thirty percent of Medicare beneficiaries seeing a fifty two percent increase in their monthly Medicare Part B premiums (which cover doctor’s...

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