Estate Planning

23 Nov TRANSFER ON DEATH DEED VOIDED BY COURT

Posted at 10:00h in Beneficiary, End of Life Care Planning, Estate Planning, Lady Bird Deed, Long Term Care, Medicaid Planning, Nursing Home, Probate Administration, Transfer of Death, Wills

TRANSFER ON DEATH DEED VOIDED BY COURT The Fort Worth Court of Appeals has recently set aside a Transfer on Death Deed (an instrument that usually avoids court action for real estate to pass to a beneficiary) since a jury determined the deed was signed as...

16 Nov WHERE THERE IS NO WILL, THERE IS A WAY (SOMETIMES) – SMALL ESTATES AFFIDAVITS

Posted at 10:00h in Asset Protection, Beneficiary, Estate Planning, Notarizations, Probate Administration, Public Benefits Protection, Transfer of Death, Trusts, Wills

Texans who die with modest means may be able to have their property transferred if they have no Will and if certain other requirements are met. One of the main reasons for having a Will or a Trust is to transfer property of the deceased...

10 Nov WILL OF KLONDIKE KING OF “SOURTOE COCKTAIL” LEAVES HIS TOES TO HOTEL BAR TO BE “TOEST OF TOWN”

Posted at 10:00h in Estate Planning, Wills

Dick Stevenson, who in 1973 created the Sourtoe Cocktail (a shot of whiskey garnished with an amputated, mummified human toe) died at age 89 in November with his Will specifying that all of his toes be donated to the Dawson City (Yukon Territory, Canada) Downtown...

31 Oct THREE WAYS ATATIANA JEFFERSON’S FAMILY FEUD OVER HER FUNERAL COULD HAVE BEEN BURIED

Posted at 09:00h in End of Life Care Planning, Estate Planning, Notarizations, Probate Administration, Wills

The family feud over the funeral of Atatiana Jefferson, a black woman killed by a white Ft. Worth police officer in October, could have likely been prevented if she either had left written instructions in a (1) Will; (2) pre-need funeral contract; or (3) Disposition...

22 Oct SUCCESS STORY OF THE MONTH – THE WORLD ISN’T ALWAYS PERFECT

Posted at 09:00h in Asset Protection, Beneficiary, End of Life Care Planning, Estate Planning, Guardianship, Home Equity, Lady Bird Deed, Long Term Care, Medicaid Planning, Mortgage, Power of Attorney, Probate Administration, Special Needs, Special Needs Trust, Success Story of the Month, Transfer of Death, Trusts

This story is an illustration of some of the many thoughts that should be considered even if one has a small estate. In this case, the client’s major asset is her home that was deeded to her by her six siblings as it was their...

20 Oct YOU GOT MAIL AND ELDER CARE – FRENCH POSTAL SERVICE GIVES OPTION FOR BOTH

Posted at 09:00h in Estate Planning

As a result of an aging population and declining use of “snail mail” (resulting in a loss of stamp revenue), the French postal service now has a program entitled “Watch Over My Parents” whereby the postal worker visits the senior citizen (if subscribed to the...

15 Oct RECENT MEDICAID RULING HINTS THAT IRA RMD TREATMENT TO SOON CHANGE

Posted at 09:00h in Estate Planning, Long Term Care, Medicaid Application, Medicaid Planning, Nursing Home, Retirement, Social Security, Special Needs, Special Needs Trust

The Texas Department of Health and Human Services Commission (HHSC), which governs the rules regarding long-term care Medicaid eligibility (Medicaid helps pay for some or all nursing home and medication costs, etc. – the present average monthly cost in Texas for skilled nursing care is around...

09 Oct FIVE MISCONCEPTIONS ON ESTATE PLANNING

Posted at 09:00h in Asset Protection, Beneficiary, Disability Benefits, Divorce, End of Life Care Planning, Estate Planning, Guardianship, Long Term Care, Power of Attorney, Probate Administration, Quality of Life, Retirement

Estate planning is not simply protecting your assets or having a Will and a power of attorney. It is a plan whereby you are in control of your assets during your lifetime when you are well and to protect you if you should become disabled...

07 Oct 2020 PROJECTED MAXIMUM RESOURCE LIMITS FOR SPOUSAL MEDICAID (HOW TO KEEP MORE FOR SPOUSE IF ILL SPOUSE NEEDS TO GO INTO NURSING HOME OR NEEDS CARE AT HOME)

Posted at 09:00h in Disability Benefits, Divorce, Estate Planning, Home Equity, Long Term Care, Medicaid Application, Medicaid Planning, Nursing Home, Social Security

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

02 Oct PRINCE’S ESTATE REQUESTS “PURPLE RAIN” DROUGHT FROM TRUMP CAMPAIGN – THE ESTATE OF PRINCE FAR FROM BEING SETTLED

Posted at 09:00h in Asset Protection, Estate Planning, Long Term Care, Michael Cohen Dallas Elder Lawyer, Music, Taxes

The Estate of legendary musician, formerly known as Prince, has (for at least the second time) requested the Trump campaign to stop playing Prince’s most famous song, “Purple Rain,” or any of his songs at Trump’s campaign events. The Estate owns all copyrights to the...

29 Sep SENATE SUBCOMMITTEE PROPOSED $350 MILLION INCREASE FOR ALZHEIMER’S AND DEMENTIA RESEARCH

Posted at 15:16h in Alzheimer’s, Dementia, End of Life Care Planning, Estate Planning

The Senate Labor-HHS Appropriations Subcommittee has proposed a $350 million increase, raising the total to $2.8 billion annually if passed into law, for research funding on Alzheimer’s and dementia for year 2020. The Senate Subcommittee saw the progress in dementia research being made by researchers...

24 Sep MAYBE YOU DON’T HAVE TO READ THE “SMALL PRINT” A PLACE FOR MOM PAYS $6 MILLION DUE TO CLASS ACTION LAWSUIT FOR VIOLATION OF TELEPHONE CONSUMER PROTECTION ACT

Posted at 09:00h in Business, Estate Planning, Lawsuits

The largest senior living and care referral service in the country, A Place for Mom, has agreed to pay $6 million to settle a class action lawsuit as a result of allegations that the company violated the Telephone Consumer Protection Act. The plaintiff alleged that...

18 Sep LAWYER’S WILL DRAFTING LIKELY TO COST MILLIONS TO DECEDENT’S PARTNER

Posted at 09:00h in Beneficiary, Estate Planning, Michael Cohen Dallas Elder Lawyer, Wills

As a result of poorly worded language drafted in a Will by a New York lawyer, the surviving companion of 18 years of the deceased is likely to be disinherited. The Last Will and Testament of 84 year old New York City psychologist, Jill Morris...

15 Sep CONRAD N. HILTON FOUNDATION TO RECEIVE BILLIONS FROM BARRON HILTON’S ESTATE − WOULD PARIS HILTON HAVE STAYED AT THE VERY FIRST HOTEL NAMED HILTON ─ WHICH WAS IN DALLAS?

Posted at 09:00h in Estate Planning, Inheritance, Taxes

Barron Hilton, who helped make the name “Hilton” synonymous with hotels and one of the hotel industry’s leading brand names, has left the bulk (97%) of his estate worth billions to the Conrad N. Hilton Foundation, a non-profit charitable foundation established for his father Conrad...

10 Sep HELTER SKELTER – CALIFORNIA COURT REQUIRES DNA TEST OF CHARLES MANSON’S “GRANDSON” AS REQUESTED BY PRISON PEN PAL WHO WANTS THE ESTATE

Posted at 09:00h in Estate Planning

A California judge has required a DNA test of Jason Freeman, who claims to be the “grandson” of notorious murderer Charles Manson, to determine if he is a possible heir of Manson who died in 2017. The request was made by Michael Channels, a memorabilia...

06 Sep SUCCESS STORY OF THE MONTH – USING DIFFERENT LEGAL TOOLS (LADYBIRD DEED, REVERSE MORTGAGE AND REVOCABLE LIVING TRUST) IN THE TOOLBOX

Posted at 09:00h in Beneficiary, Disability Benefits, End of Life Care Planning, Estate Planning, Guardianship, Home Equity, Lady Bird Deed, Long Term Care, Medicaid Planning, Mortgage, Nursing Home, Power of Attorney, Probate Administration, Success Story of the Month, Transfer of Death, Trusts

Client had created a revocable living trust several years ago prepared by another attorney. The most common reasons for such a trust is to avoid probate (the laws that govern the probate process which is the process to determine if the Will is valid and...

04 Sep SUICIDAL MANHUNT MURDERERS RECORDED “LAST WILL AND TESTAMENT” ON CELL PHONE

Posted at 09:00h in Estate Planning, Wills

After killing several people in Canada resulting in a manhunt over three Canadian provinces, Kam McLeod, 19, and Bryer Schmegelsky, left a video on a cellphone in which they said goodbye to their families and described their last wishes for their remains similar to a...

30 Aug NEW LAW LIMITS NURSING HOME ARBITRATION AGREEMENTS

Posted at 09:00h in Assisted Living, Estate Planning, Lawsuits, Long Term Care, Nursing Home

At the present time, many skilled nursing facilities and other long-term care facilities require the patient (or their agent) to sign an admission agreement (in which amendments are not permitted) as a condition of being admitted to the facility. One of the almost universal provisions...

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...

28 Aug SUCCESS STORY OF THE MONTH – WIDOW PROBATES HUSBAND’S WILL SEVEN YEARS AFTER HIS DEATH TO GET FULL TITLE TO HOME

Posted at 09:00h in Beneficiary, Estate Planning, Inheritance, Probate Administration, Success Story of the Month, Wills

Many people incorrectly assume that the surviving spouse will always get full title to their homestead that was bought together after the first spouse dies. In this case, the husband, who had two children from a prior relationship and four children born of his marriage...

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