Estate Planning

31 Jan Estate and Gift Taxes Changes Limited by “Fiscal Cliff” Deal

Posted at 15:44h in Estate Planning, Medicaid Application, Medicare, Michael Cohen Dallas Elder Lawyer, Social Security, Taxes

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The American Taxpayer Relief Act permanently sets the estate tax exemption at $5 million for (adjusted due to inflation) an individual and $10 million for a couple which is the same amount that has been exempted for the past two years. However, Congress did change the...

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16 Oct Digital Asset Trusts- Estate Planning for Recent Technology

Posted at 14:11h in Asset Protection, Business, Estate Planning, Michael Cohen Dallas Elder Lawyer, Power of Attorney, Transfer of Death, Trusts, Wills

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There are many types of digital assets stored on computers, smart phones, websites, etc., including: (1) personal assets (such as photos, medical records, tax documents, etc.) that require a login with a different password; (2) social media (i.e., Facebook and Twitter, emails that store videos,...

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17 Sep SUPREME COURT DECISION RESULTS IN 3.8% MEDICARE SURTAX FOR SOME TAXPAYERS

Posted at 18:22h in 401(k), Business, Elder Justice, End of Life Care Planning, Estate Planning, Guardianship, Medicare, Michael Cohen Dallas Elder Lawyer, Trusts

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The recent Supreme Court decision permitting passage of the Affordable Care Act will result in 3.8% Medicare surtax beginning in January 2013 and will apply to all taxpayers whose income exceeds a threshold amount which effectively raises the marginal tax rate for some. The tax...

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20 Aug Michael B. Cohen has been named a Five Star Wealth Manager by Texas Monthly

Posted at 08:09h in Estate Planning, Michael Cohen Dallas Elder Lawyer

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We are pleased to announce that the August 2012 issue of Texas Monthly magazine has again selected Michael B. Cohen as the only elder law attorney (although listed under the category of estate planning) in the Dallas-Fort Worth area as a Five Star Wealth Manager...

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27 Jun LONG TERM CARE INSURANCE BECOMING LESS AFFORDABLE BUT CAN YOU AFFORD NOT TO HAVE IT?

Posted at 23:26h in Asset Protection, Assisted Living, End of Life Care Planning, Estate Planning, Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home, Public Benefits Protection

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With fewer insurance companies offering long term care insurance (at least 14 fewer in the last 5 years) and premiums rising (for new and some existing policies) fewer may be able to afford long term care insurance (insurance that can help cover personal care costs...

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30 May TEXAS LAW PERMITS GUARDIANS TO MAKE GIFTS FOR MEDICAID PURPOSES

Posted at 16:32h in Assisted Living, Disability Benefits, Estate Planning, Guardianship, Medicaid Application, Michael Cohen Dallas Elder Lawyer, Nursing Home, Probate Administration

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Effective September 1, 2011, Texas Probate Code Section 865 was amended to allow a guardianship court, upon application to approve gifts on behalf of the ward for the following purposes, in addition to tax-motivated gifts: “… or to transfer a portion of the ward’s estate...

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23 May STATE POLICY HANDBOOK ACKNOWLEDGES LADYBIRD (ENHANCED LIFE ESTATE) DEEDS DO NOT RESULT IN A TRANSFER PENALTY

Posted at 16:28h in Assisted Living, Estate Planning, Home Equity, Lady Bird Deed, Long Term Care, Medicaid Application, Michael Cohen Dallas Elder Lawyer, Nursing Home, Power of Attorney, Transfer of Death

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As of March 1, 2012, the Texas Medicaid for the Elderly and People with Disabilities Handbook (which is a publication of the policy rules for long –term care Medicaid eligibility) now provides that “a transfer of a person’s home does not result in a transfer...

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