Lawsuits

18 Aug SON OF AUSTIN POWERS CO-STAR SHAGGED BY COURT

Posted at 23:21h in Beneficiary, End of Life Care Planning, Estate Planning, Financial Powers of Attorney, Lawsuits, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Power of Attorney, Probate Administration, Trusts, Wills

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SON OF AUSTIN POWERS CO-STAR SHAGGED BY COURTA California Appellate Court has reversed the Los Angeles Superior Court decision over the meaning of the term “grandchild” costing Damian Hurley, son of famed British actress Elizabeth Hurley and Steve Bing (although born out of wedlock), the sum of approximately $250 Million. The...

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12 Jul FOUR WAYS TO PROTECT A SPECIAL NEEDS TRUST BENEFICIARY FROM WRONGFUL ACTS OF A FAMILY MEMBER TRUSTEE

Posted at 19:26h in Beneficiary, Estate Planning, Lawsuits, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Public Benefits Protection, Special Needs, Special Needs Trust, Trusts

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It is very common for a family member to be named to serve as a trustee of a special needs trust of a loved one with special needs (usually to save money), but the recent felony charges for financial exploitation against a Minnesota mother who...

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12 Jul BRITNEY SPEARS TO COURT: “BABY, ONE MORE TIME”? CLAIMS CONSERVATORSHIP “TOXIC”

Posted at 19:01h in Business, End of Life Care Planning, Estate Planning, Guardianship, Lawsuits, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Music, Power of Attorney, Probate Administration

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The continuing 13-year-old conservatorship saga of Britney Spears to free her of having her father run her personal and professional life has put financial and civil rights abuse in guardianship and conservatorship (California conservatorship is similar to guardianship in Texas) in the national spotlight. After...

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12 Jul PRIDE AND PREJUDICE? DID CHARLEY PRIDE’S WILL TREAT HIS SECRET SON UNFAIRLY? SIX STEPS TO REDUCE RISK OF A DISGRUNTLED BENEFICIARY

Posted at 18:49h in Beneficiary, End of Life Care Planning, Estate Planning, Inheritance, Lawsuits, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Special Needs, Special Needs Trust, Transfer of Death, Trusts, Wills

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It was recently reported in the Dallas Morning News that Tyler Pride (“Tyler”)”, who is the biological son of famed country-western singer Charley Pride (“Charley”), has contested the Last Will and Testament of his father. Tyler was not born of Charley’s long-time marriage to Rozene...

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22 Apr IS IT GLOOM AND DOOM OR BOOM FOR ZOOM?

Posted at 16:17h in End of Life Care Planning, Estate Planning, Lawsuits, Social Security

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As a result of COVID-19 and so many working from home or staying at home, video conferencing has become the new norm. Zoom quickly became the most popular video conferencing platform for millions including law firms. Law firms, accountants, financial planners, etc. must have confidentiality,...

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11 Feb TRUMP’S MEDICAID REFORM PILL – CURE OR TOO MANY SIDE EFFECTS?

Posted at 09:00h in Estate Planning, Lawsuits, Medicaid Application, Medicaid Planning, Medicare, Social Security

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In an effort to limit federal Medicaid funding, the Trump administration has offered states the option for a Medicaid block grant. Medicaid block grants have been proposed by conservatives for many years. Texas requested a block grant in its last legislative session. Although there are...

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03 Feb SON HOT – SUES OVER DAD’S FROZEN HEAD

Posted at 08:00h in Beneficiary, End of Life Care Planning, Estate Planning, Lawsuits, Wills

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“They chopped his head off, burned his body, put it in a box and sent it to my house,” stated Kurt Pilegram who has sued cryogenics firm, Alcor Life Extension Foundation (“Alcor”), for a million dollars for emotional distress for what they did to his...

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24 Sep MAYBE YOU DON’T HAVE TO READ THE “SMALL PRINT” A PLACE FOR MOM PAYS $6 MILLION DUE TO CLASS ACTION LAWSUIT FOR VIOLATION OF TELEPHONE CONSUMER PROTECTION ACT

Posted at 09:00h in Business, Estate Planning, Lawsuits

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The largest senior living and care referral service in the country, A Place for Mom, has agreed to pay $6 million to settle a class action lawsuit as a result of allegations that the company violated the Telephone Consumer Protection Act. The plaintiff alleged that...

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30 Aug NEW LAW LIMITS NURSING HOME ARBITRATION AGREEMENTS

Posted at 09:00h in Assisted Living, Estate Planning, Lawsuits, Long Term Care, Nursing Home

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At the present time, many skilled nursing facilities and other long-term care facilities require the patient (or their agent) to sign an admission agreement (in which amendments are not permitted) as a condition of being admitted to the facility. One of the almost universal provisions...

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26 Aug JEFFREY EPSTEIN’S WILL – FIVE LEGAL ISSUES LEFT TO BE DECIDED

Posted at 09:00h in Elder Justice, Estate Planning, Lawsuits, Notarizations, Probate Administration, Short Term Care, Taxes, Transfer of Death, Wills

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Jeffrey Epstein’s signing of a Will two days before his suicide leaves many legal issues that may take more than a decade to decide. By creating a “pour-over Will” into a trust he created, we know that he has planned for privacy on who are...

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03 Aug ITALIAN PRINCESS LIKELY TO WIN $500 MILLION ART COLLECTION FROM NYU BY PROVING HER MOTHER WAS BORN OUT OF WEDLOCK

Posted at 09:00h in Beneficiary, Estate Planning, Inheritance, Lawsuits, Trusts

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An Italian court has ruled that the late Liana Beacci was the illegitimate daughter of the late British art collector Sir Arthur Acton and his late mistress Ersilla Beacci as a result of a DNA test. This could result in Ersilla’s granddaughter, Italian princess Dialta...

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12 Feb DO YOU TRUST A TRUST? NINE WAYS TO USE A TRUST IN PLANNING

Posted at 21:02h in Asset Protection, Beneficiary, Business, Disability Benefits, Estate Planning, Inheritance, Lawsuits, Michael Cohen Dallas Elder Lawyer, Probate Administration, Public Benefits Protection, Taxes, Texas Bar Today Top 10 Blog Posts, Trusts

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Trusts are often a good tool to achieve one’s estate planning. Although this list is not exhaustive, the following are common things to consider: Protect beneficiaries from lawsuits. If properly drafted, a trust created in your Last Will and Testament or in your own revocable or...

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16 Jan SUCCESS STORY OF THE MONTH – IRREVOCABLE ‡ UNCHANGEABLE

Posted at 16:14h in Beneficiary, End of Life Care Planning, Estate Planning, Lawsuits, Long Term Care, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Power of Attorney, Success Story of the Month, Trusts

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Often clients are surprised to learn that their “irrevocable” trust can be changed. There are several ways to make changes to an irrevocable trust including by court order, agreement of all interested parties, decanting (pouring into another trust), or by simply exercising a “power of...

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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

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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...

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02 Jun Do you trust your Trust?

Posted at 05:02h in Asset Protection, Beneficiary, Divorce, Estate Planning, Lawsuits, Michael Cohen Dallas Elder Lawyer, Public Benefits Protection, Trusts

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As a follow up to last month’s Dallas Morning News article by Pamela Yip entitled “Maintaining Trust”, we thought those who receive our email might be interested in the questions that she asked and a more detailed explanation as follows: Q: Do you have the right...

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19 Aug ESTATE PLANNING FOR SAME SEX MARRIED COUPLES CHANGES DUE TO SUPREME COURT DECISION

Posted at 06:48h in Estate Planning, Lawsuits, Long Term Care, Medicaid Application, Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Nursing Home, Public Benefits Protection, Social Security

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Although Texas does not recognize same-sex marriages, here are a few estate planning considerations for same-sex married couples (couples who were legally married in another state) who live in Texas since the U.S. Supreme Court has struck down the Defense of Marriage Act: Federal employees...

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