Estate Planning

31 Mar WILL ONLINE (REMOTE) NOTARIZATIONS BECOME THE NEW “NORM”?

Posted at 14:43h in Business, Estate Planning, Financial Powers of Attorney, Guardianship, Notarizations, Power of Attorney, Trusts, Wills

Italy and China have enforced strict curfews (much stricter than “shelter in place”) in recent months to “flatten the curve” of the coronavirus pandemic. As mentioned in our article “Pandemic Planning in Peril”, the signing of a Will in Texas is particularly difficult at this...

25 Mar SURVIVING SPOUSE HOMESTEAD RIGHTS – I NEVER WANT TO FALL IN LOVE AGAIN

Posted at 17:01h in End of Life Care Planning, Estate Planning, Mortgage, Taxes, Wills

Maya Holmes, a widow, decides to marry her new beau, I.M. Bitterman. Maya has two adult children from her first marriage, Iwanna Eura Holmes and Lo Theng Husbands. Maya owns a homestead as her sole and separate property that she had purchased with her late...

16 Mar IRA DISTRIBUTIONS TO BE AVERAGED TO DETERMINE INCOME FOR LONG-TERM CARE MEDICAID

Posted at 16:54h in Estate Planning, Long Term Care, Medicaid Application, Medicaid Planning, Medicare, Social Security, Trusts

Although nothing has been officially announced, a reliable source from the Texas Health and Human Services has indicated the state will look at the annual distributions from an IRA and divide that amount by 12 to determine the monthly income for long-term care Medicaid eligibility....

09 Mar FED PROPOSAL: NEITHER CATS NOR PIGS CAN FLY – ONLY SERVICE DOGS

Posted at 16:46h in Estate Planning, Quality of Life, Texas Bar Today Top 10 Blog Posts

The U.S. Department of Transportation (DOT) is proposing new restrictions whereby only trained service dogs (and no emotional support animals) would be allowed to fly on airlines with people who have disabilities. Many consumers have complained about the various emotional support animals (ranging from cats...

01 Mar CORONAVIRUS LEGISLATION INCLUDES MEDICARE EXPANSION OF TELEMEDICINE

Posted at 16:39h in Estate Planning, Medicaid Planning, Medicare

President Trump signed Coronavirus (COVID-19) legislation on March 6 permitting expansion of Medicare coverage for telemedicine in outbreak areas to help contain and treat COVID-19. This is particularly important to those at high risk including older people and people of all ages with severe health...

11 Feb TRUMP’S MEDICAID REFORM PILL – CURE OR TOO MANY SIDE EFFECTS?

Posted at 09:00h in Estate Planning, Lawsuits, Medicaid Application, Medicaid Planning, Medicare, Social Security

In an effort to limit federal Medicaid funding, the Trump administration has offered states the option for a Medicaid block grant. Medicaid block grants have been proposed by conservatives for many years. Texas requested a block grant in its last legislative session. Although there are...

09 Feb SUCCESS STORY OF THE MONTH

Posted at 09:00h in Asset Protection, End of Life Care Planning, Estate Planning, Home Equity, Lady Bird Deed, Long Term Care, Medicaid Planning, Medicare, Nursing Home, Short Term Care, Success Story of the Month, Transfer of Death, Trusts

A married couple owns a homestead located out-of-state held in a trust. They move to Texas to be closer to their children since the wife needs long-term care. They have no long-term care insurance, and their liquid assets and income are insufficient to pay for...

03 Feb SON HOT – SUES OVER DAD’S FROZEN HEAD

Posted at 08:00h in Beneficiary, End of Life Care Planning, Estate Planning, Lawsuits, Wills

“They chopped his head off, burned his body, put it in a box and sent it to my house,” stated Kurt Pilegram who has sued cryogenics firm, Alcor Life Extension Foundation (“Alcor”), for a million dollars for emotional distress for what they did to his...

30 Jan 15 QUESTIONS FOR SENIORS TO CONSIDER PRIOR TO SIGNING COHABITATION AGREEMENT

Posted at 09:00h in Assisted Living, Estate Planning, Long Term Care, Medicaid Planning, Medicare, Mortgage, Social Security, Taxes, Veterans

As Americans continue to live longer, many have decided to cohabitate with a significant other (rather than marry) due to complications. These can include kids from a prior marriage or relationship or wealth accumulation by one or both parties. From a financial perspective, sometimes it...

28 Jan ATTORNEY GENERAL’S ESTATE PLANNING FLAWED

Posted at 09:00h in Beneficiary, Estate Planning, Trusts

Former Attorney General Janet Reno (appointed by President Clinton) created and funded a revocable living trust prior to her death in 2016. She was not married and had no descendants. Her trust had a specific bequest of her mostly underdeveloped four acre ranch home in...