Michael Cohen Dallas Elder Lawyer |

26 May CHARLES MANSON’S “GRANDSON” NOT REQUIRED TO TAKE DNA TEST IN HELTER SKELTER PROBATE BATTLE

Posted at 22:05h in Beneficiary, Estate Planning, Inheritance, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Wills

A California appeals court has overturned a lower court ruling requiring the DNA test of Jason Freeman (who has alleged to be the only living descendant and heir of notorious “Helter Skelter” murderer Charles Manson) to determine if he is in fact a blood descendant...

26 May NEW IRS PUBLICATION ERRONEOUSLY REQUIRES INHERITED IRA BENEFICIARIES TO PAY TAXES QUICKER

Posted at 21:59h in Beneficiary, End of Life Care Planning, Estate Planning, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Retirement, Taxes

IRS publication 590-B issued recently has surprised almost everyone with its erroneous proposal that designated beneficiaries (“DBs”) will need to take required minimum distributions (“RMDs”) of inherited individual retirement accounts (IRAs) in years one through nine following the year of death of the IRA owner....

26 May HOW TO PREVENT LOSS OF MEDICAID ELIGIBILITY WHEN SELLING YOUR HOMESTEAD

Posted at 20:27h in 529 plan, Assisted Living, Beneficiary, End of Life Care Planning, Estate Planning, Home Equity, Lady Bird Deed, Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home, Probate Administration, Special Needs, Special Needs Trust, Transfer of Death, utma

Usually the most valuable non-countable resource for a long-term care Medicaid recipient (whereby the government helps pay for care costs at a long-term care facility plus medications if the applicant/recipient has less than $2,000 of countable resources) is the homestead. Although there is no equity...

26 May MARILYN MONROE’S ESTATE PLANNING MISTAKE – MOST GOES TO ACTRESS SHE MAY HAVE NEVER MET

Posted at 20:20h in Asset Protection, Beneficiary, Business, Divorce, Estate Planning, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration

Diamonds may be a girl’s best friend, but actress Anna Strasberg (who some say Monroe never met or only met once) received much more than that from the legendary actress – even though that was probably not Monroe’s intention. Monroe, who died in 1962, left her...

20 Apr ARE PAYABLE ON DEATH ACCOUNTS A SUBSTITUTE FOR A WILL OR TRUST? 10 PROBLEMS WITH POD ACCOUNTS

Posted at 01:55h in Asset Protection, Beneficiary, End of Life Care Planning, Estate Planning, Guardianship, Inheritance, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Power of Attorney, Probate Administration, Public Benefits Protection, Taxes, Transfer of Death, Trusts, Wills

Although Wills are often not difficult to probate in Texas, many times the probate process of determining that the Will is valid (so that the Executor can pay the debts of the estate of the deceased and transfer the assets in accordance with the Will)...

20 Apr ONLINE WILLS CAN FLATLINE INTENDED BENEFICIARIES

Posted at 01:47h in Beneficiary, Divorce, Estate Planning, Power of Attorney, Probate Administration, Short Term Care, Wills

Although not all online or store-bought Wills create legal problems, the following factual situation is an example of the potentially perilous path that an unwitting individual may traverse when doing their own Will. FACTS: Wife (hereinafter referred to as “Zsa Zsa”) has only a few months...

19 Mar SEVEN REASONS TO NAME A TRUST AS A BENEFICIARY OF A RETIREMENT ACCOUNT

Posted at 17:28h in Asset Protection, Beneficiary, Charitable Giving, End of Life Care Planning, Estate Planning, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Public Benefits Protection, Retirement, Special Needs, Special Needs Trust, Transfer of Death, Trusts

On Saturday, February 27, 2021, I was a guest on financial advisor Rick Foster’s radio show on 660 AM and he asked the question, “When should an IRA go into a trust?” As a result of this often-asked question, I decided to expand upon this...

19 Mar WILL HARRY & MEGHAN’S INTERVIEW CREATE A ROYAL MESS OF HER MAJESTY’S ESTATE PLAN – OR JUST A ROYAL PAIN?

Posted at 17:22h in Beneficiary, Charitable Giving, Estate Planning, Inheritance, Long Term Care, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Taxes, Transfer of Death, Trusts

Harry and Meghan’s recent explosive interview by Oprah Winfrey has sent shockwaves to the Royal family. Will this result in a different estate plan for Queen Elizabeth? Although Prince Charles and Prince William were probably already likely to receive a king-sized portion of Her Majesty’s...

24 Feb SUSPENDERS ON SUSPENSION – LARRY KING’S WILL LEAVES NOTHING TO ESTRANGED WIFE

Posted at 09:00h in Beneficiary, Divorce, Estate Planning, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Trusts, Wills

The handwritten Last Will and Testament of famed broadcaster, Larry King, omits his estranged wife, Shawn King (“Shawn”), and she is contesting. Larry King filed for divorce from Shawn (his seventh wife) in August 2019, and his new Will was handwritten on October 17, 2019....

15 Feb SUCCESS STORY OF THE MONTH – MAKING A SILK PURSE FROM A SOW’S EAR

Posted at 09:00h in Beneficiary, Disability Benefits, End of Life Care Planning, Estate Planning, Guardianship, Inheritance, Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Special Needs, Special Needs Trust, Success Story of the Month, Transfer of Death

When someone fails to plan for his or her estate, it means that person is letting the state determine how and to whom assets should pass upon death of that individual. It may or may not be distributed the way the deceased wanted and the...

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