Guardianship

02 Jun SURVIVORSHIP ACCOUNTS DON’T ALWAYS GO TO SURVIVOR

Posted at 09:00h in Beneficiary, End of Life Care Planning, Estate Planning, Guardianship, Inheritance

Although most would assume that by placing your initials by an “x” in a signature box titled “multiple-party with right of survivorship on a signature card at a financial institution,” a Tyler court has ruled (which was upheld on appeal) that it is insufficient under...

01 Jun SUCCESS STORY OF THE MONTH – WHERE THERE IS NO WILL THERE IS A WAY

Posted at 09:00h in Asset Protection, Beneficiary, End of Life Care Planning, Estate Planning, Guardianship, Lady Bird Deed, Long Term Care, Medicaid Planning, Nursing Home, Power of Attorney, Special Needs, Special Needs Trust, Success Story of the Month, Wills

Married couple has no estate planning documents (no Will, no power of attorney, etc.) and the husband has lost mental capacity (you cannot sign a Will, power of attorney, etc. if you lack sufficient mental capacity). Husband is institutionalized and it is anticipated that he...

21 Aug WILL NEW LAW RESULT IN INCREASED ACCEPTANCE OF DURABLE POWERS OF ATTORNEY?

Posted at 11:00h in Business, Estate Planning, Financial Powers of Attorney, Guardianship, Lawsuits, Power of Attorney

Many are surprised that financial powers of attorney do not have to be recognized by others including banks and other financial institutions. If the principal (the one who signs the power of attorney) becomes incompetent and the one who is presented with and asked to...

17 Jul TEXAS PASSES BILL FOR FIDUCIARY ACCESS TO DIGITAL ASSETS

Posted at 11:00h in Estate Planning, Guardianship, Michael Cohen Dallas Elder Lawyer, Power of Attorney

Did you ever hear of a story where there was no access to electronic pictures or Facebook or have access to an online bank account of a loved one who has died or become mentally disabled? On June 1, 2017, Governor Abbott signed into law...

26 Jun COMMON ESTATE PLANNING CONCERNS OF AN ELDER LAW ATTORNEY

Posted at 11:00h in End of Life Care Planning, Estate Planning, Guardianship, Lady Bird Deed, Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home, Power of Attorney, Probate Administration, Special Needs, Special Needs Trust, Trusts, Veterans, Wills

As an elder law attorney, it may be surprising to clients that many of our referrals come from estate planning attorneys since most have limited knowledge regarding public benefits. Many are shocked that there are over 40 Medicaid programs (each with their own rules) in...

20 Feb PLANNING FOR A CHILD WITH SPECIAL NEEDS

Posted at 09:30h in Beneficiary, Estate Planning, Guardianship, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Special Needs, Special Needs Trust

If you have a child who has special needs and you want your child to be a beneficiary of your estate, a standard will or trust may be insufficient. A few things to consider are as follows: If your child became disabled before age 26,...

23 Dec SPECIAL NEEDS TRUST FAIRNESS ACT BECOMES LAW

Posted at 07:00h in Asset Protection, Guardianship, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Special Needs, Special Needs Trust

On December 13, 2016, President Obama signed the 21st Century Cures Act which contains the Special Needs Trust Fairness Act that allows disabled persons with mental capacity to create their own special needs trust. Prior to the passage of this law, a disabled person under...

11 Aug SPECIAL NEEDS TRUST FAIRNESS ACT GETS CLOSER TO APPROVAL

Posted at 09:04h in Beneficiary, Guardianship, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Special Needs, Special Needs Trust, Trusts

The U.S. House Energy and Commerce Committee approved the Special Needs Fairness Act on July 13, 2016, as part of a package to improve Medicaid. The House bill had 26 co-sponsors including local Representative Pete Sessions. This legislation, which has already passed the Senate Committee,...

02 Sep The Truth About 401(k)s

Posted at 06:00h in 401(k), Business, Estate Planning, Guardianship, Retirement, Taxes

By Rick Foster Putting money in a 401(k) is the right thing to do, isn't it? Yes! No! Maybe? Surprisingly, the answer to that question may not be as simple as it seems. What is a 401(k)? In the late 1960s due to market volatility and the realization...

Guardianship

02 Jun SURVIVORSHIP ACCOUNTS DON’T ALWAYS GO TO SURVIVOR

01 Jun SUCCESS STORY OF THE MONTH – WHERE THERE IS NO WILL THERE IS A WAY

21 Aug WILL NEW LAW RESULT IN INCREASED ACCEPTANCE OF DURABLE POWERS OF ATTORNEY?

17 Jul TEXAS PASSES BILL FOR FIDUCIARY ACCESS TO DIGITAL ASSETS

26 Jun COMMON ESTATE PLANNING CONCERNS OF AN ELDER LAW ATTORNEY

20 Feb PLANNING FOR A CHILD WITH SPECIAL NEEDS

23 Dec SPECIAL NEEDS TRUST FAIRNESS ACT BECOMES LAW

11 Aug SPECIAL NEEDS TRUST FAIRNESS ACT GETS CLOSER TO APPROVAL

02 Sep The Truth About 401(k)s

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Guardianship

02 Jun SURVIVORSHIP ACCOUNTS DON’T ALWAYS GO TO SURVIVOR

01 Jun SUCCESS STORY OF THE MONTH – WHERE THERE IS NO WILL THERE IS A WAY

21 Aug WILL NEW LAW RESULT IN INCREASED ACCEPTANCE OF DURABLE POWERS OF ATTORNEY?

17 Jul TEXAS PASSES BILL FOR FIDUCIARY ACCESS TO DIGITAL ASSETS

26 Jun COMMON ESTATE PLANNING CONCERNS OF AN ELDER LAW ATTORNEY

20 Feb PLANNING FOR A CHILD WITH SPECIAL NEEDS

23 Dec SPECIAL NEEDS TRUST FAIRNESS ACT BECOMES LAW

11 Aug SPECIAL NEEDS TRUST FAIRNESS ACT GETS CLOSER TO APPROVAL

16 Sep Social Security …Simple, Right?

02 Sep The Truth About 401(k)s