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Estate Planning

17 Sep

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

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...

27 Jun

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

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...

30 May

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

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...

23 May

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

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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