Michael Cohen Dallas Elder Lawyer |

22 Jan Home Sweet Home – Equity Limit Increased for 2025 Announced

Posted at 13:51h in End of Life Care Planning, Estate Planning, Home Equity, Lady Bird Deed, Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home, Probate Administration, Public Benefits Protection, Transfer of Death

As of January 1, 2025, the homestead equity limit for a Medicaid applicant who is not married and who either applies for the nursing home Medicaid program or “waiver” home care Medicaid program will increase to $730,000 ($713,000 in year 2024). Thus, if the home...

20 Jan 2025 Long Term Care Medicaid Income Cap Increase – When and How to Use a Miller Trust

Posted at 13:45h in Beneficiary, Estate Planning, Long Term Care, Medicaid Application, Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Nursing Home, Probate Administration, Public Benefits Protection, Social Security, Transfer of Death, Trusts

Applicants for long-term care and Star+ Medicaid must be below an income cap as one of the requirements for Medicaid eligibility. If the applicant’s income exceeds the income limit of $2,901 (as of January 1, 2025), the eligibility solution for this particular requirement is the...

02 Jan Tax Planning as a Result of Trump’s Election

Posted at 09:05h in Beneficiary, Estate Planning, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Taxes, Transfer of Death, Trusts, Wills

The election of Donald Trump and the control of both the House and Senate by the Republican Party is likely to have a great impact on tax planning. As a result, planning strategies could change. Higher Estate Tax Exemption As of January 1, 2025, the federal estate...

01 Jan Decision Tree Chart on Ladybird Deeds vs. Transfer on Death Deeds

Posted at 09:40h in Asset Protection, Beneficiary, End of Life Care Planning, Estate Planning, Home Equity, Lady Bird Deed, Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Mortgage, Power of Attorney, Probate Administration, Public Benefits Protection, Special Needs, Special Needs Trust, Taxes, Transfer of Death, Trusts

Decision Tree Chart on Ladybird Deeds vs. Transfer on Death Deeds Many ask the question on the differences between an Enhanced Life Estate (Ladybird) Deed and a Transfer on Death Deed since both avoid probate. In other words, the grantee/beneficiary of the deed would simply either...

26 Dec Injunction on Corporate Transparency Act Leaves BOI Reporting Clear to Partly Cloudy

Posted at 08:53h in Business, Estate Planning, Lawsuits, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration

On December 3, 2024, a federal judge from the U.S. District Court in the Eastern District of Texas issued a nationwide injunction which temporarily delays the enforcement of the Corporate Transparency Act (“CTA”) and its reporting requirements on Beneficial Owner Information (“BOI”). The Department of...

23 Dec 10 Ways to Make Things Easier for Others In the Event of Your Death or Disability

Posted at 08:40h in Beneficiary, Disability Benefits, End of Life Care Planning, Estate Planning, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Power of Attorney, Probate Administration, Quality of Life, Retirement, Trusts, Wills

No one likes to think about death or disability, but here are a few tips to make things easier for your heirs, beneficiaries, or those you trust. 1. Keep your estate planning documents in a safe place It is generally more difficult to probate a copy of...

27 Nov Estate Planning Decision Tree Chart for Will vs. Revocable Living Trust – 20 Issues

Posted at 10:23h in Asset Protection, Beneficiary, Business, Divorce, Estate Planning, Guardianship, Lady Bird Deed, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Public Benefits Protection, Special Needs, Special Needs Trust, Taxes, Transfer of Death, Trusts, Wills

Estate Planning Decision Tree Chart for Will vs. Revocable Living Trust – 20 Issues One of the most common dilemmas in estate planning is whether it is better to have a Will or a Revocable Living Trust (RLT). There are numerous types of trusts, but this...

26 Nov Richard Simmons’ Trust – Weighty Battle For Control Between His Brother And Housekeeper

Posted at 12:45h in Beneficiary, Estate Planning, Lawsuits, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Trusts

The late weight savant Richard Simmons once said, “I don’t talk about my personal life, and I don’t talk about death.” However, the recent lawsuit by Richard Simmons' housekeeper/manager, Teresa Reveles, to be reinstated as co-trustee (after she had signed a document to decline such...

19 Nov Special Needs Trust Trustee Roles

Posted at 12:10h in Beneficiary, End of Life Care Planning, Estate Planning, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Public Benefits Protection, Quality of Life, Special Needs, Special Needs Trust, Trusts

Special needs trusts are often established for the benefit of individuals who are disabled since the assets held in the trust are not countable (if properly drafted) for means-tested Medicaid and Supplemental Security Income programs (which often include drugs and care costs). The goal is...

12 Nov Bank Not Liable For Payment To Wrong “Heir”

Posted at 11:55h in Estate Planning, Lawsuits, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Notarizations, Probate Administration

A Texas Court of Appeals recently ruled that JP Morgan Chase Bank should not be liable for permitting a withdrawal of funds to one “heir” as determined by an Order Approving a Small Estates Affidavit. Cubie Beatrice Redus died in 2006. One of her daughters, Mable,...