Michael Cohen Dallas Elder Lawyer |

01 Apr Medicaid Estate Recovery Kill Bill

Posted at 15:01h in Asset Protection, Beneficiary, Business, Disability Benefits, End of Life Care Planning, Estate Planning, Lady Bird Deed, Medicaid Application, Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Nursing Home, Probate Administration, Public Benefits Protection, Social Security, Transfer of Death, Trusts

U.S. Congresswoman Jan Schakowsky of Illinois has proposed a bill that would end Medicaid estate recovery (Medicaid estate recovery is the process to recoup care costs such as nursing home care, care at home, medications, etc.) from the estate of the deceased Medicaid recipient. Typically,...

29 Mar Options To Consider When Planning For A Minor Who Is A Beneficiary

Posted at 13:32h in 529 plan, Beneficiary, End of Life Care Planning, Estate Planning, Guardianship, Inheritance, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Taxes, Trusts, utma, Wills

It is very common for a minor to be named as a beneficiary of a will or trust. However, since a minor is presumed to lack capacity under law until reaching the age of majority, different planning options should be considered. Even when a child...

27 Mar Is There A Standard “Standard” For Trust Distributions? Why Is The HEMS Standard So Common?

Posted at 13:27h in Asset Protection, Beneficiary, End of Life Care Planning, Estate Planning, Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Mortgage, Probate Administration, Public Benefits Protection, Special Needs, Special Needs Trust, Taxes, Trusts

Irrevocable trusts (including trusts created within a will as well as irrevocable trusts created within a revocable living trust) give guidelines to a trustee as to how distributions are to be made in accordance with your desires. Some prefer mandatory distributions (i.e., trustee must give...

26 Mar He Who Laughs Last, Laughs Best – 20 Of The Funniest (And Strangest) Will Provisions

Posted at 13:21h in Beneficiary, Estate Planning, Inheritance, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Wills

“Life is worth living as long as there’s a laugh in it” was stated in the book “Anne of Green Gables”. There can even be laughter at death as some of the following will provisions illustrate. There are also weird bequests some of which are...

25 Mar 4 Ways To Use Annuities For Asset Preservation In Government Assisted Care Costs In Texas

Posted at 13:12h in Beneficiary, End of Life Care Planning, Estate Planning, Long Term Care, Medicaid Application, Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Nursing Home, Power of Attorney, Probate Administration, Retirement, Social Security, Special Needs, Special Needs Trust, Taxes

Long-term care Medicaid (the government program that assists in payment of nursing home care and medication) is means-tested. The government looks at an applicant’s assets prior to obtaining eligibility for paying for long-term care. The government (Texas Health and Human Services Commission) also considers income...

05 Mar George Carlin’s Estate Sues Since AI Fake Comedy Was No Laughing Matter

Posted at 13:52h in Estate Planning, Lawsuits, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Music, Probate Administration

The Estate of George Carlin (the Estate) is suing an alleged state-of-the-art entertainment AI (artificial intelligence) company called Dudesy, LLC and its comedians, Will Sasso and Chad Kultgen, and others for the use of Carlin’s voice and sense of humor using AI without the consent...

04 Mar Jay Leno’s Lack Of Estate Planning Results In Seeking Conservatorship Over Wife Will His Car Collection Crash?

Posted at 13:47h in Alzheimer’s, Asset Protection, Charitable Giving, Dementia, Estate Planning, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Public Benefits Protection, Taxes

Jay Leno has filed a petition in a California court to seek conservatorship over his wife, Mavis, who is believed to have Alzheimer’s Disease or some other form of dementia. Leno is seeking conservatorship since Mavis no longer has sufficient mental capacity to do an...

29 Feb A Green Thumb After Death? Human Composting “Circle Of Life” Laws Are Trending

Posted at 13:39h in End of Life Care Planning, Estate Planning, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration

Do you want an alternative to traditional burial or cremation? In the past 5 years, 7 states (and Arizona presently has a bill pending to make it the 8th state) have legalized the ecological death care process of using microbes to break down the body...

28 Feb 15 Will Drafting Mistakes For Texas Wills

Posted at 13:36h in Beneficiary, Charitable Giving, Estate Planning, Guardianship, Inheritance, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Notarizations, Power of Attorney, Probate Administration, Trusts, Wills

Whether a will is drafted by an attorney or not, there are often mistakes that should be avoided including, but not limited to, the following: Choosing a beneficiary as a witness -This could result in disinheritance of that witness under Texas law. Self-proving affidavit not in substantial...

25 Jan Largest Unclaimed Estate In U.S. History In Turmoil After Court’s Acceptance Of Suspicious Will Of Recluse Multi-Millionaire

Posted at 12:52h in Business, Estate Planning, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Short Term Care, Wills

The battle over the originally unclaimed estate of a recluse multi-millionaire, Joseph Stancak, was turned topsy-turvy when the court admitted a mysterious will (without determining validity of the will) seven years after Stancak’s death. Stancak lived frugally in a modest home. He drove a 28-year-old car,...

Estate Planning