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27 Feb TRANSFER ON DEATH (“TOD”) DEEDS

Posted at 06:00h in Beneficiary, Estate Planning, Guardianship, Lady Bird Deed, Medicaid Planning, Power of Attorney, Probate Administration, Transfer of Death, Wills

Most of us are familiar with POD or “Pay on Death” provisions in bank accounts, but many are not familiar with real estate passing at death without a will or trust. Among the crop of new legislation being considered by the 84th Texas Legislature is...

20 Feb Life (and death) Online

Posted at 06:00h in Michael Cohen Dallas Elder Lawyer

What happens to your email account after you die or become incapacitated by illness? Your Facebook? The photos you’ve uploaded to Flickr or a private Instagram account? Your online banking? We used to keep our valuables and items of personal significance in safe deposit boxes,...

13 Feb VA PROPOSES SWEEPING CHANGES TO PENSION RULES

Posted at 06:00h in Assisted Living, End of Life Care Planning, Estate Planning, Long Term Care, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home, Trusts, Veterans

The Veteran’s Administration has proposed new rules for eligibility for VA pensions and the Aid and Attendance benefit which are often used by wartime Veterans or their surviving spouses to help pay for the cost of care such as assisted living facilities and nursing homes....

06 Feb Medicare Changes in 2015

Posted at 06:00h in Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Nursing Home

It’s a new year and with it come a few changes to Medicare. The good news is that Medicare Part B premiums remain at $104.90 per month if your income is below $85,000, and if your income is above $85,000 your premiums for doctor visits...

30 Jan OREGON FAILS IN ATTEMPT TO EXPAND MEDICAID ESTATE RECOVERY

Posted at 23:20h in Divorce, Estate Planning, Medicaid Application, Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Special Needs, Special Needs Trust, Transfer of Death

On November 26, 2014, the Oregon Court of Appeals decided that the state agency’s attempt to expand estate recovery (where the state goes after the resources of a Medicaid recipient after such person’s death) was improper. Oregon had amended its rules so that the state...

29 Jan DISABLED CHILDREN OF MILITARY FAMILIES HELPED BY PASSAGE OF NATIONAL DEFENSE AUTHORIZATION ACT OF 2015

Posted at 23:16h in Guardianship, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Quality of Life, Special Needs, Special Needs Trust, Trusts

As a result of the Congressional passage of the National Defense Authorization Act (NDAA) of 2015 on December 12, 2014, disabled children of military families have been given the right to have their parents’ survivor benefits to go into a special needs trust. Until this...

28 Jan Veterans (or the Surviving Spouse of the Veteran) Get Small Benefit Increase in year 2015 for Care Cost

Posted at 21:54h in Assisted Living, Disability Benefits, Divorce, Michael Cohen Dallas Elder Lawyer, Nursing Home, Trusts, Veterans

Veterans who served during wartime (not dishonorably discharged), or the surviving spouse of the wartime veteran, will be getting a slight increase (considered a pension) to be used for care at home, assisted living facilities or in a nursing home from the Department of Veterans...

05 Jan CONGRESS PASSES ABLE ACT EFFECTING MEDICAID APPLICANTS AND SPECIAL NEEDS TRUSTS

Posted at 06:18h in 529 plan, Beneficiary, Disability Benefits, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Quality of Life, Social Security, Special Needs, Special Needs Trust, Trusts

On December 16, 2014, Congress passed the Achieving a Better Life Experience Act (ABLE) which allows adults and children with disabilities whose disability occurred before age 26 to shelter up to the annual gift tax exclusion amount (presently $14,000) per year into an account which...

29 Dec POSSIBLE TRANSFER POLICY CHANGE SENDS SHIVERS TO TEXAS ELDER LAW LEGAL COMMUNITY

Posted at 01:09h in Estate Planning, Long Term Care, Medicaid Application, Medicaid Planning, Nursing Home

Since the passage of the Deficit Reduction Act of 2005 signed on February 8, 2006 (“DRA”), many Texas elder law attorneys have used a transfer planning option (often referred to as “reverse half-a-loaf”) to save at least 50% of the countable resources of a Medicaid...

Blog

27 Feb TRANSFER ON DEATH (“TOD”) DEEDS

20 Feb Life (and death) Online

13 Feb VA PROPOSES SWEEPING CHANGES TO PENSION RULES

06 Feb Medicare Changes in 2015

30 Jan OREGON FAILS IN ATTEMPT TO EXPAND MEDICAID ESTATE RECOVERY

29 Jan DISABLED CHILDREN OF MILITARY FAMILIES HELPED BY PASSAGE OF NATIONAL DEFENSE AUTHORIZATION ACT OF 2015

28 Jan Veterans (or the Surviving Spouse of the Veteran) Get Small Benefit Increase in year 2015 for Care Cost

29 Dec POSSIBLE TRANSFER POLICY CHANGE SENDS SHIVERS TO TEXAS ELDER LAW LEGAL COMMUNITY

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Blog

27 Feb TRANSFER ON DEATH (“TOD”) DEEDS

20 Feb Life (and death) Online

13 Feb VA PROPOSES SWEEPING CHANGES TO PENSION RULES

06 Feb Medicare Changes in 2015

30 Jan OREGON FAILS IN ATTEMPT TO EXPAND MEDICAID ESTATE RECOVERY

29 Jan DISABLED CHILDREN OF MILITARY FAMILIES HELPED BY PASSAGE OF NATIONAL DEFENSE AUTHORIZATION ACT OF 2015

28 Jan Veterans (or the Surviving Spouse of the Veteran) Get Small Benefit Increase in year 2015 for Care Cost

05 Jan CONGRESS PASSES ABLE ACT EFFECTING MEDICAID APPLICANTS AND SPECIAL NEEDS TRUSTS

29 Dec POSSIBLE TRANSFER POLICY CHANGE SENDS SHIVERS TO TEXAS ELDER LAW LEGAL COMMUNITY

22 Dec Nursing Home Medicaid Income Cap to Rise in 2015