Elder Justice

Alida Alequin, 63, cried tears of joy after her efforts to find her uncle, Luis Albino, 73 years after he was kidnapped, resulted in a family reunion.  Albino was 6 years old when he was abducted from an Oakland, California park while playing with his...

The cost of long-term care is great (the average is around $7,500/month in Texas).  As a result, many apply for long-term care Medicaid for governmental assistance to help pay for the facility and drugs.  It is not unusual for us to receive calls after either...

A common misconception is that there is one type of power that covers everything from financial to medical decisions.  Even many who realize there should be different documents for medical and financial decisions, they are unaware of the variety of financial powers of attorney.  The...

Casey Kasem, known for radio’s “Top 40 Countdown”, died in 2014, but the war over where he should be buried between the children of his first marriage and his widow is ongoing. After years of legal battles over elder abuse, wrongful death, guardianship and end of...

If you don’t have a will or beneficiary designation of assets, inheritance is determined by state law which is called intestate succession. If the deceased was married at the time of death but has no will, then a surviving spouse will have some inheritance rights...

Last month President Biden signed into law the Respect for Marriage Act that achieved bipartisan support. The law gives protection of federal benefits to same-sex legally married couples who move to another state where the laws do not recognize same-sex marriage. For example, if a same-sex...

A medical power of attorney should be part of even the most basic estate planning documents that every adult (assuming mental capacity) should have. This is a document whereby you chose whom you want to act as your agent and any alternate if you lack...

It is not unusual that a widow or widower or someone who is elderly meets someone later in life and enjoys their companionship and love or simply enjoys traveling together. Living together without being married use to be considered strictly taboo, but the potential financial...

Although the recent ruling by the Supreme Court of the US (“SCOTUS”) that there was no constitutional right to an abortion (and the case only dealt with abortion), Justice Clarence Thomas indicated in his decision that the constitutionality of same-sex marriage should also be reconsidered...

A child often relies on his or her parents until adulthood is reached. So, does the child have a duty to support his or her parents if they are no longer able to provide for themselves? The answer may depend on where the child and...

You have probably heard stories when someone who is very old marries their caretaker or someone significantly younger (do you remember Anna Nicole Smith?) – especially when the older “spouse” has significant assets. However, you probably are not aware that Texas law permits a marriage...

As a result of the recent November election passage of Propositions 7 and 8 as amendments to the Texas Constitution, the surviving spouse of (1) a disabled individual (who received a homestead property tax exemption) if the surviving spouse is at least 55 years of...

A common question by someone who has been appointed as an executor of a Will after the Will has been probated (the process where it is determined the decedent’s Will is valid) is “What can I charge for acting as Executor?” After all, it often...

After a 14-year battle over James Brown’s estimated $100 million estate, it appears “good” will finally prevail over the greed of Brown’s 4th “wife”.  The Supreme Court of South Carolina has recently ruled that Tommie Ray Hynie’s marriage in 2001 to the “Godfather of Soul” was invalid...

Under our criminal justice system, guilt must be determined “beyond a reasonable doubt” as there is a presumption of innocence. However, if a senior makes a gift within five (5) years and applies for long-term care Medicaid, there is a presumption of guilt since Medicaid...

An Illinois court has ruled that a caregiver, who was charged with felony criminal neglect of an elderly person, felony aggravated domestic battery and felony assault with battery of a senior, was entitled to pursue a claim to be paid (even without a contract) for...

Financial powers of attorney are commonly used to give authority to a trusted individual (the “Agent”) to handle assets of the one who signed (the “Principal”) the power of attorney. The power of attorney is an important estate planning document especially if the Principal should...