End of Life Care Planning

04 Jun TEXAS COURT RULES AGAINST PENALIZING INCAPACITATED MEDICAID APPLICANT IF NO REPRESENTATIVE APPOINTED

Posted at 14:37h in End of Life Care Planning, Estate Planning, Guardianship, Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home, Social Security

On May 24, 2019, a Texas appeals court ruled that if an incapacitated Medicaid applicant does not have a guardian appointed, then the resources of the applicant should be considered unavailable for Medicaid eligibility purposes. Usually, the cost of long-term care (such as a nursing...

04 Jun IRS GIVES DETRIMENTAL TAX RULING TO SURVIVING SPOUSE NOT NAMED AS BENEFICIARY

Posted at 14:17h in Beneficiary, End of Life Care Planning, Estate Planning, Michael Cohen Dallas Elder Lawyer, Retirement, Taxes

A recent ruling by the IRS demonstrates the importance of naming a spouse as the beneficiary of an IRA in which the surviving spouse has a community property interest. In this case, the husband (who died) named his child as the sole beneficiary of his...

01 May U.S. SUPREME COURT RULES THAT EX-SPOUSE NOT ENTITLED TO LIFE INSURANCE

Posted at 15:45h in Beneficiary, Divorce, End of Life Care Planning, Estate Planning, Michael Cohen Dallas Elder Lawyer, Power of Attorney, Retirement, Wills

Although beneficiary designations (such as the beneficiary of a life insurance policy or retirement account) supersede a Will or intestate succession due to the Contracts Clause of the U.S. Constitution, the U.S. Supreme Court has ruled that if the state has a law that results...

01 May LEGALITY VS. MORALITY

Posted at 15:39h in Beneficiary, Disability Benefits, End of Life Care Planning, Estate Planning, Inheritance, Michael Cohen Dallas Elder Lawyer, Probate Administration

Sometimes clients ask questions where the answer differs as to legality versus morality. As a result, the attorney should be prepared to be both counselor at law and not just an attorney at law. A couple examples of actual cases (all dealing with an inheritance) illustrate...

01 May IS “BIG BROTHER” WATCHING FACEBOOK OF APPLICANTS FOR DISABILITY BENEFITS?

Posted at 15:31h in Disability Benefits, End of Life Care Planning, Estate Planning, Medicaid Application, Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Social Security

Although the Inspector General of the Social Security Administration has monitored social media such as Twitter and Facebook since 2014 to determine if there is fraud by those who receive public disability benefits such as Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI),...

01 May WILL BY BLINKING OF EYES APPROVED BY COURT

Posted at 15:28h in End of Life Care Planning, Estate Planning, Michael Cohen Dallas Elder Lawyer, Notarizations, Probate Administration, Texas Bar Today Top 10 Blog Posts, Wills

The Will of a quadriplegic man (the “Testator”), who was unable to speak and who communicated with his attorney through a blinking system, was recently upheld by a Fort Worth appellate court. The attorney asked “yes” or “no” questions to the Testator who responded by blinking....

01 May SUCCESS STORY OF THE MONTH

Posted at 15:05h in Dementia, End of Life Care Planning, Estate Planning, Home Equity, Lady Bird Deed, Long Term Care, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home, Power of Attorney, Social Security, Success Story of the Month, Transfer of Death, Trusts

Client, a 78 year old widow in the early stages of experiencing dementia, creates an irrevocable trust which gives her the right to occupy her homestead which was deeded into the trust. Her goal was to save her homestead (or the proceeds therefrom if sold...

01 May NEW RETIREMENT SAVINGS ACCOUNT BILL LIKELY TO PASS THIS YEAR

Posted at 09:00h in 401(k), Beneficiary, Business, End of Life Care Planning, Estate Planning, Inheritance, Michael Cohen Dallas Elder Lawyer, Retirement, Taxes, Trusts, Wills

As a result of less employer-sponsored pension plans and the desire of Congress to encourage savings for retirement, it is anticipated that Congress will pass the Setting Every Community Up for Retirement Enhancement (SECURE) Act later this year as it has bipartisan support. It will...

11 Apr DILEMMA FOR SOME DISABLED – ARE YOU READY, WILLING FOR ABLE? PROS AND CONS OF SPECIAL NEEDS TRUSTS VS ABLE ACCOUNTS

Posted at 19:47h in Beneficiary, Disability Benefits, End of Life Care Planning, Estate Planning, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Special Needs, Special Needs Trust, Trusts, utma

The federal law called the Achieving a Better Life Experience (ABLE) Act gives some people with disabilities or their families to establish a tax-free savings account that will not count as a resource for Medicaid eligibility (which is “means-tested”). For an adult disabled person who...

11 Apr PROPOSED LEGISLATION ALLOWS COURT ORDER TO DISCLOSE DIGITAL ASSETS

Posted at 19:31h in Asset Protection, End of Life Care Planning, Estate Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration

Do you bank online? Do you have a Facebook, Twitter or Linked In account? Do you have an app such as Shutterfly? What about Bitcoins? These are all examples of digital assets (see our article about estate planning issues concerning digital assets by clicking here). As a...