Business

04 Mar Tony Bennett’s Daughters Sue Their Brother Over Trust Mismanagement

Posted at 11:03h in Business, Dementia, Estate Planning, Lawsuits, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Trusts

Antonia and Johanna Bennett have sued their brother, Danny, who has served as trustee of the Tony Bennett Family Trust, for mismanagement. Tony’s daughters claim Danny made “multiple gifts to himself totaling over $200,000 from the trust, $2.6 million in commissions for acting as Tony’s...

26 Dec Injunction on Corporate Transparency Act Leaves BOI Reporting Clear to Partly Cloudy

Posted at 08:53h in Business, Estate Planning, Lawsuits, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration

On December 3, 2024, a federal judge from the U.S. District Court in the Eastern District of Texas issued a nationwide injunction which temporarily delays the enforcement of the Corporate Transparency Act (“CTA”) and its reporting requirements on Beneficial Owner Information (“BOI”). The Department of...

27 Nov Estate Planning Decision Tree Chart for Will vs. Revocable Living Trust – 20 Issues

Posted at 10:23h in Asset Protection, Beneficiary, Business, Divorce, Estate Planning, Guardianship, Lady Bird Deed, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Public Benefits Protection, Special Needs, Special Needs Trust, Taxes, Transfer of Death, Trusts, Wills

Estate Planning Decision Tree Chart for Will vs. Revocable Living Trust – 20 Issues One of the most common dilemmas in estate planning is whether it is better to have a Will or a Revocable Living Trust (RLT). There are numerous types of trusts, but this...

14 Oct Success Story Of The Month – Spotting The Issues In A Medicaid Planning Case

Posted at 13:26h in 401(k), Business, Dementia, Disability Benefits, End of Life Care Planning, Estate Planning, Home Equity, Lady Bird Deed, Long Term Care, Medicaid Application, Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Probate Administration, Quality of Life, Retirement, Social Security, Success Story of the Month, Taxes, Transfer of Death

Similar to tax planning, where the client often wants to pay as little taxes as possible and plan accordingly, many want to preserve as many resources as possible while obtaining Medicaid assistance so that the government will help pay for the cost of care in...

11 Sep Fox News Future Depends on Murdoch’s Ability to Make “Right” Pick The Real Life “Game of Thrones”

Posted at 16:14h in Beneficiary, Business, Divorce, Estate Planning, Lawsuits, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Trusts

Billionaire media mogul, Rupert Murdoch, is in a family feud with 3 of his children over control (after his death) of his mega media business which includes Fox News, The Wall Street Journal, The New York Post and many other newspapers and television stations. Murdoch has...

24 Aug Government Assistance for Care Could Depend on Homestead Definition

Posted at 10:16h in Assisted Living, Business, Disability Benefits, End of Life Care Planning, Estate Planning, Home Equity, Lady Bird Deed, Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Mortgage, Nursing Home, Probate Administration, Taxes, Transfer of Death, Trusts, Veterans

Homestead Resource Exclusion Differences Between Medicaid and Veteran’s Benefits Public benefits (such as long-term care Medicaid and non-service-connected disability benefits for wartime veterans or his or her surviving spouse) are “means-tested”. In other words, the government looks at your resources when you apply to determine if you...

02 Jul Michael Jackson’s children tell grandmother to “beat it” in estate legal battle

Posted at 11:05h in Beneficiary, Business, Estate Planning, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Music, Probate Administration, Taxes

The children of Michael Jackson (Paris, Prince and Bigi) are no longer talking with their grandmother, Katherine Jackson, as a result of her request for Jackson’s estate to pay her legal fees of over $500,000 when she unsuccessfully challenged the sale of the rights to...

01 Apr Medicaid Estate Recovery Kill Bill

Posted at 15:01h in Asset Protection, Beneficiary, Business, Disability Benefits, End of Life Care Planning, Estate Planning, Lady Bird Deed, Medicaid Application, Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Nursing Home, Probate Administration, Public Benefits Protection, Social Security, Transfer of Death, Trusts

U.S. Congresswoman Jan Schakowsky of Illinois has proposed a bill that would end Medicaid estate recovery (Medicaid estate recovery is the process to recoup care costs such as nursing home care, care at home, medications, etc.) from the estate of the deceased Medicaid recipient. Typically,...

25 Jan Largest Unclaimed Estate In U.S. History In Turmoil After Court’s Acceptance Of Suspicious Will Of Recluse Multi-Millionaire

Posted at 12:52h in Business, Estate Planning, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Short Term Care, Wills

The battle over the originally unclaimed estate of a recluse multi-millionaire, Joseph Stancak, was turned topsy-turvy when the court admitted a mysterious will (without determining validity of the will) seven years after Stancak’s death. Stancak lived frugally in a modest home. He drove a 28-year-old car,...

04 Dec 15 Benefits To Surviving Spouses In Texas

Posted at 18:09h in Beneficiary, Business, Disability Benefits, End of Life Care Planning, Estate Planning, Home Equity, Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Mortgage, Nursing Home, Probate Administration, Retirement, Social Security, Taxes

Surviving spouses are entitled to numerous rights under federal and Texas laws. The following are just a few of the many that widows and widowers should be aware. Homestead rights Under the Texas Constitution, a surviving spouse is entitled to the exclusive right to occupy the homestead...

25 Oct 10 New Laws That Concern Elders, Estate Planning And Probate

Posted at 10:18h in Asset Protection, Beneficiary, Business, End of Life Care Planning, Estate Planning, Guardianship, Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Public Benefits Protection, Trusts, Wills

Although there are dozens of new laws in Texas, the following (in no particular order) are just some that affect estate planning, probate, guardianship and the elderly. Homesteads Held in Revocable Trusts Need Specific Language to Have Homestead Property Tax Exemption and Homestead Exemption for Creditor...

24 Oct Reasons Why Out-Of-State Estate Planning Documents Should Be Renewed

Posted at 10:23h in Asset Protection, Beneficiary, Business, End of Life Care Planning, Estate Planning, Financial Powers of Attorney, Lady Bird Deed, Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Notarizations, Nursing Home, Power of Attorney, Probate Administration, Public Benefits Protection, Taxes, Trusts, Wills

It is no secret that people are moving to Texas for numerous reasons ranging from less taxes and affordable housing to Texas being more business friendly. As a result, estate planning documents prepared in other states should be reviewed when moving to Texas – even...

05 Oct Medicaid Planning With Reverse Mortgages

Posted at 11:31h in Asset Protection, Assisted Living, Beneficiary, Business, Disability Benefits, End of Life Care Planning, Estate Planning, Home Equity, Lady Bird Deed, Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Mortgage, Nursing Home, Power of Attorney, Probate Administration, Public Benefits Protection, Retirement, Social Security, Taxes, Transfer of Death

Your homestead is usually the largest asset you might own. Most people would prefer to stay at home as long as possible - even if there is a need for skilled care rather than living in a facility. As a result, often elderly (over age...

02 Oct Fiduciary Felon Fine? Who Said “Crime Doesn’t Pay”?

Posted at 15:36h in Beneficiary, Business, End of Life Care Planning, Estate Planning, Inheritance, Lawsuits, Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Taxes, Wills

As of September 1, 2023, Texas law permits (although not mandatory) a court to approve a convicted felon to serve as an executor of an estate. Prior to that date, the only way a felon could serve as an executor (the one who: (1) gathers...

14 Sep Did Aretha Franklin’s Last Wishes Get R-E-S-P-E-C-T After Will Fight?

Posted at 09:03h in Business, Estate Planning, Guardianship, Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Music, Probate Administration, Taxes, Wills

Aretha Franklin died in 2018 leaving 2 handwritten wills resulting in an expensive legal battle between her children over which will would prevail. In July 2023, a Michigan jury decided her most recent handwritten will (written by her in 2014) found in a spiral notebook...

28 Jul Murder She Wrote – Wife Writes Children’s Book On Grief After Murdering Her Husband

Posted at 13:46h in Beneficiary, Business, Estate Planning, Home Equity, Inheritance, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Power of Attorney, Probate Administration, Transfer of Death

Truth is sometimes stranger than fiction. Kouri Richins (“Kouri”) has been held without bail on charges of criminal homicide, aggravated murder and three counts of possession of a controlled substance (fentanyl) in connection with the murder of her husband, Eric. Based on autopsy and toxicology...

06 Jul 5 Considerations When Choosing A Trustee

Posted at 10:05h in Beneficiary, Business, Estate Planning, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Power of Attorney, Probate Administration, Trusts

It is common to create various trusts in estate planning. Some trusts are created pursuant to the terms of a will (called a testamentary trust), and some trusts are created by a separate document. There can even be trusts within a trust. The one responsible...

03 Jul When Is a Revocable Living Trust the Best Estate Planning Option in Texas

Posted at 09:47h in Beneficiary, Business, Disability Benefits, Estate Planning, Financial Powers of Attorney, Guardianship, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Mortgage, Notarizations, Power of Attorney, Probate Administration, Retirement, Transfer of Death, Trusts

Texas estate planning attorneys often disagree about what is the best option in estate planning. Sometimes it is best to have a will to transfer your assets and pay your debts after death. Sometimes it is best to have an irrevocable trust for numerous reasons....

02 May Will Seniors Benefit From The Proposed Property Tax Relief? Someone Has To Pay

Posted at 12:58h in Business, Estate Planning, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Taxes, Trusts

Benjamin Franklin is famously quoted as saying “nothing is certain except death and taxes”. However, who pays the taxes and how much is often a matter of political debate. At the time of the writing of this article, our Texas House of Representatives and Senate...

09 Mar Elvis and Lisa Marie Presley’s Estate Planning Mistakes – Should They Have Had “Suspicious Minds” So Their Estates Wouldn’t Be “all Shook Up”?

Posted at 11:21h in Business, Divorce, Estate Planning, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Mortgage, Music, Probate Administration, Taxes, Trusts

Elvis Presley, the King of Rock n’ Roll, trusted his manager and promoter, Colonel Tom Parker. Maybe he shouldn’t have. Elvis named his trustworthy father (Vernon) who was in poor health and elderly as the executor (without an alternate) of his will. That was a...