Elder Justice

03 May ‘Til Death Do Us Part – And Then My Marriage Can Be Voided

Posted at 17:31h in Asset Protection, Business, Divorce, Elder Justice, End of Life Care Planning, Estate Planning, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration

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...

11 Nov SURVIVING SPOUSE OF DISABLED OR MILITARY MEMBER GET HOMESTEAD PROPERTY TAX EXEMPTION

Posted at 21:53h in Elder Justice, Estate Planning, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Taxes

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...

20 Sep THE TEXAS TWO-STEP (PART 2): HOW MUCH CAN AN EXECUTOR BE PAID?

Posted at 13:50h in Business, Elder Justice, End of Life Care Planning, Estate Planning, Long Term Care, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Taxes, Wills

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...

19 Oct FATE OF OBAMACARE MAY DEPEND ON SPEED OF BARRETT APPROVAL

Posted at 20:01h in Elder Justice, Estate Planning, Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Probate Administration

The U.S. Supreme Court is scheduled to hear a case regarding the Affordable Care Act (Obamacare) on November 10. If Amy Coney Barrett is not approved before oral arguments on a case (in the case affecting Obamacare, it is November 10), then she will not...

22 Jul JAMES BROWN’S HEIRS “FEEL GOOD” AFTER COURT RULES AGAINST BIGAMOUS “SPOUSE”

Posted at 19:50h in Beneficiary, Elder Justice, Estate Planning, Long Term Care, Michael Cohen Dallas Elder Lawyer, Probate Administration, Wills

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...

29 Aug SENIORS HAVE LESS RIGHTS THAN TERRORISTS – NEW TEXAS LONG-TERM CARE MEDICAID TRANSFER PENALTY DIVISOR ANNOUNCED

Posted at 09:00h in Assisted Living, Elder Justice, Estate Planning, Long Term Care, Medicaid Application, Medicaid Planning, Nursing Home, Retirement, utma

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...

26 Aug JEFFREY EPSTEIN’S WILL – FIVE LEGAL ISSUES LEFT TO BE DECIDED

Posted at 09:00h in Elder Justice, Estate Planning, Lawsuits, Notarizations, Probate Administration, Short Term Care, Taxes, Transfer of Death, Wills

Jeffrey Epstein’s signing of a Will two days before his suicide leaves many legal issues that may take more than a decade to decide. By creating a “pour-over Will” into a trust he created, we know that he has planned for privacy on who are...

03 Jun CONVICTED ELDER ABUSER ENTITLED TO CLAIM FOR PAY DESPITE BEATING UP 88 YEAR OLD CLIENT/PATIENT – DOES CRIME PAY?

Posted at 09:00h in Assisted Living, Elder Justice, Estate Planning, Guardianship, Long Term Care, Michael Cohen Dallas Elder Lawyer

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...

02 Nov AGENCY UNDER A POWER OF ATTORNEY: SERVICE BY SOME BUT AGENT ORANGE TO OTHERS

Posted at 19:22h in Beneficiary, Disability Benefits, Elder Justice, End of Life Care Planning, Estate Planning, Financial Powers of Attorney, Guardianship, Power of Attorney

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...

02 Nov 2019 PROJECTED MAXIMUM RESOURCE LIMITS FOR VA BENEFITS AND SPOUSAL MEDICAID

Posted at 19:16h in Disability Benefits, Divorce, Elder Justice, Home Equity, Long Term Care, Medicaid Application, Medicaid Planning, Nursing Home, Social Security, Success Story of the Month, Veterans

As we live longer, there is a greater likelihood of disability and the need for long-term care. However, most Americans have inadequate resources for such care and also lack long-term care insurance or similar insurance products. As a result, some elderly and disabled seek public...