Blog

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

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

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?

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?

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

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

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?

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

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

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

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...