Estate Planning

20 Sep Shannen Doherty’s Family Benefits From Deathbed Divorce in Contrast to Estate Planning to Limit Jackie O’s Inheritance

Posted at 16:20h in Asset Protection, Beneficiary, Divorce, Estate Planning, Inheritance, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Mortgage, Power of Attorney, Probate Administration, Retirement, Trusts

Famed actress, Shannen Doherty, most commonly known for her television roles in “Beverly Hills 90210” and “Charmed”, got divorced from her husband, successful photographer, Kurt Iswarienko (“Kurt”), hours before her death in California on July 13, 2024. In contrast, Aristotle Onassis planned on divorcing former first...

11 Sep Fox News Future Depends on Murdoch’s Ability to Make “Right” Pick The Real Life “Game of Thrones”

Posted at 16:14h in Beneficiary, Business, Divorce, Estate Planning, Lawsuits, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Trusts

Billionaire media mogul, Rupert Murdoch, is in a family feud with 3 of his children over control (after his death) of his mega media business which includes Fox News, The Wall Street Journal, The New York Post and many other newspapers and television stations. Murdoch has...

05 Sep Casey Kasem’s Widow’s Response to His Children – “Over My Dead Body Will You Move Your Father’s Dead Body”

Posted at 16:01h in Dementia, Divorce, Elder Justice, End of Life Care Planning, Estate Planning, Guardianship, Lawsuits, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration

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...

26 Aug Matthew Perry’s Estate Plan – A Friend to Many Even After Death

Posted at 10:38h in Beneficiary, Charitable Giving, Estate Planning, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Taxes, Transfer of Death, Trusts, Wills

Matthew Perry, well-known for his role as Chandler Bing in the popular television show “Friends”, preferred that he be remembered for helping others. Perry, who fought his addiction to alcohol and opioids for many years prior to his death last year at age 54, may have...

25 Aug IRS Announces Finalized Rule On When Inherited IRA Must Be Distributed – Pay Us Now Or Pay Us Later

Posted at 10:31h in Beneficiary, End of Life Care Planning, Estate Planning, Inheritance, Medicaid Application, Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Probate Administration, Retirement, Taxes

The IRS announced its final rule on when an inherited IRA must be distributed to a beneficiary. If the owner of an IRA (or other retirement account) has already reached the date (the Required Beginning Date) when he or she is required to make distributions (70...

24 Aug Government Assistance for Care Could Depend on Homestead Definition

Posted at 10:16h in Assisted Living, Business, Disability Benefits, End of Life Care Planning, Estate Planning, Home Equity, Lady Bird Deed, Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Mortgage, Nursing Home, Probate Administration, Taxes, Transfer of Death, Trusts, Veterans

Homestead Resource Exclusion Differences Between Medicaid and Veteran’s Benefits Public benefits (such as long-term care Medicaid and non-service-connected disability benefits for wartime veterans or his or her surviving spouse) are “means-tested”. In other words, the government looks at your resources when you apply to determine if you...

23 Aug Gift of Appreciated Assets to Elderly Parent Could Save You Taxes – Gain Without Pain?

Posted at 09:45h in 529 plan, Beneficiary, End of Life Care Planning, Estate Planning, Guardianship, Inheritance, Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Retirement, Taxes

Avoiding capital gains tax is often considered in estate planning. Now some are considering “upstream planning” when a child has highly appreciated assets and his or her elderly parent does not have a taxable estate (for estate tax purposes). Generally, if you own an asset (i.e.,...

29 Jul Child Promises Elderly Mom A Dream And Delivers A Nightmare Removal Of Power Of Attorney Agent

Posted at 09:38h in Dementia, Estate Planning, Guardianship, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home, Power of Attorney, Probate Administration, Short Term Care, Social Security

Sometimes abuse can come from those closest to you even if they are named to act in their capacity as a fiduciary. A person acting as a fiduciary (such as an agent under a power of attorney, a trustee of a trust, a guardian or...

26 Jul Should You Name A Trust As A Beneficiary Of Your IRA?

Posted at 09:30h in Asset Protection, Beneficiary, Estate Planning, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Public Benefits Protection, Retirement, Special Needs, Special Needs Trust, Trusts

After the passage of the Secure Act a few years ago, planning by naming a trust as a beneficiary of a retirement account (that is not a ROTH IRA) had to be reconsidered. Previously a designated beneficiary (even if the trust is named as the...

25 Jul “Home” Purchased After Buyer Is Institutionalized Counts As Resource For Medicaid

Posted at 09:18h in Beneficiary, End of Life Care Planning, Estate Planning, Home Equity, Lady Bird Deed, Long Term Care, Medicaid Application, Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Nursing Home, Probate Administration

The Texas Supreme Court has ruled that a Medicaid applicant who purchases a home or an interest in a home after admission into a skilled nursing facility is not excluded as a resource for Medicaid eligibility. On the other hand, the Court suggests if the...

24 Jul Grace For Graceland: Foreign Fraudsters Foreclosure Theft Foiled

Posted at 09:13h in Asset Protection, Estate Planning, Lawsuits, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Mortgage, Notarizations, Probate Administration, Public Benefits Protection, Social Security

Identity theft is real. The brazen attempt of foreign fraudsters to foreclose on Graceland, the former home of the late iconic singer, Elvis Presley, illustrates the need to be vigilant in the protection of your assets – and so should the representatives of your estate...

04 Jul Two copies of gene found to be underlying cause in Alzheimer’s Disease – are you Destiny’s Child?

Posted at 11:17h in Alzheimer’s, Asset Protection, Beneficiary, Dementia, End of Life Care Planning, Estate Planning, Guardianship, Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home, Power of Attorney, Probate Administration, Public Benefits Protection

Researchers have found that people with 2 copies of the APOE4 gene is more than a risk factor – it is now considered an underlying cause of Alzheimer’s Disease. Prior to the research’s finding published in May, scientists knew the gene APOE4 increased risk. Although...

03 Jul Texas Long-Term Care Partnership Program

Posted at 11:14h in Asset Protection, Estate Planning, Home Equity, Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Public Benefits Protection, Transfer of Death

As an incentive for Texans to get long-term care insurance (so the state through Medicaid would not have to pay as much for long-term care), Texas has a Long-Term Care Partnership Program (LTCP) which is a public-private partnership between state agencies (Texas Department of Health...

02 Jul Michael Jackson’s children tell grandmother to “beat it” in estate legal battle

Posted at 11:05h in Beneficiary, Business, Estate Planning, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Music, Probate Administration, Taxes

The children of Michael Jackson (Paris, Prince and Bigi) are no longer talking with their grandmother, Katherine Jackson, as a result of her request for Jackson’s estate to pay her legal fees of over $500,000 when she unsuccessfully challenged the sale of the rights to...

01 Jul Conflicting testimony as to common law marriage results in child inheritance of estate

Posted at 11:02h in Beneficiary, Elder Justice, Estate Planning, Inheritance, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Social Security

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...

28 May MEDICAID PLANNING BY NON-ATTORNEY IS A CRIMINAL ACT

Posted at 15:05h in Asset Protection, End of Life Care Planning, Estate Planning, Long Term Care, Medicaid Application, Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Nursing Home, Probate Administration, Public Benefits Protection

Adult child of a nursing home resident seeks planning to obtain governmental assistance for costly care. The facility advises the adult child, “Don’t worry, we pay a company that you have to use, that will plan for you and apply for your mom – you...

21 May 23ANDME MAY LEAD TO INHERITANCE WORTH MILLIONS

Posted at 15:00h in Beneficiary, Estate Planning, Inheritance, Lawsuits, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration

Carmen Thomas, 26, who found out through a DNA sample sent to 23andMe that she was the daughter of Joseph Brown, has sued Brown’s estate for failing to include her as a part of the wrongful death settlement with a hospital and 2 doctors. The...

14 May NO LADY LUCK FOR SURVIVING SPOUSE (OR HER DAUGHTER) OF JOINT LADYBIRD DEED

Posted at 14:48h in Beneficiary, Estate Planning, Lady Bird Deed, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Mortgage, Nursing Home, Power of Attorney, Probate Administration

A Texas Court of Appeals decision last year illustrates the importance of how a joint ladybird deed is drafted as to ownership of property after one owner dies. A ladybird deed is also known as an enhanced life estate which reserves a life estate with full...

07 May TILL DEATH DO US PART – WILL O.J.’S ESTATE PAY?

Posted at 14:27h in Asset Protection, Estate Planning, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Mortgage, Probate Administration, Public Benefits Protection, Transfer of Death, Trusts

Although O.J. Simpson was acquitted in what may have been the murder trial of the century in connection with the death of his ex-wife Nicole Brown Simpson and her friend, Ronald Goldman, a California civil jury determined he was liable for $33.5 million dollars (which...

08 Apr What Makes A Will Valid? Where There Is A Will, There Is A Way

Posted at 11:46h in Estate Planning, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Notarizations, Probate Administration, Wills

Is a photocopied form signed by the testator (the one who makes the will), before 2 witnesses a valid will? What if the will is only initialed by the testator? What if the testator signs with an “X”? What if the will was signed by...

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