Michael Cohen Dallas Elder Lawyer

23 Aug Gift of Appreciated Assets to Elderly Parent Could Save You Taxes – Gain Without Pain?

Posted at 09:45h in Beneficiary, Estate Planning, Guardianship, Inheritance, Michael Cohen Dallas Elder Lawyer, Taxes

Avoiding capital gains tax is often considered in estate planning. Now some are considering “upstream planning” when a child has highly appreciated assets and his or her elderly parent does not have a taxable estate (for estate tax purposes). Generally, if you own an asset (i.e.,...

02 Apr 15 Tips On Estate Planning From A Texas Elder Law Attorney’s Perspective

Posted at 15:06h in Estate Planning, Michael Cohen Dallas Elder Lawyer

Although planning for disability and death should always be considered in estate planning, the potential need for public benefits or loss of valuable public benefits (such as Medicaid or Veterans’ benefits) should not be overlooked. The following are a few examples of what planning options...

31 May Are Fake Deeds Fake News? 6 Ways to Protect Against Attempted Theft of Your Property Title

Posted at 11:06h in Estate Planning, Michael Cohen Dallas Elder Lawyer

Scams seem to be increasing daily. Deed fraud (attempted transfer of property without the knowledge and consent of the true owner) could be on the rise. Criminals sometime forge deeds, have the deed notarized and record it with the county clerk where the property is...

30 May Will Assisted Suicide Tourism Hub Be Vermont Or Oregon?

Posted at 11:09h in Michael Cohen Dallas Elder Lawyer, Quality of Life

Oregon was the first state to permit physician-assisted suicide in 1997, but this past month Vermont became the first state to have a law that does not require residency in the state to participate. Vermont previously permitted physician-assisted suicide, but it changed its law to...

03 Oct 10 Common Questions On When To Make A Distribution From Your IRA

Posted at 10:25h in Estate Planning, Michael Cohen Dallas Elder Lawyer

If you have an IRA, you are required to make a distribution annually once you reach a certain age (if you were 70½ prior to January 1, 2020, then you should already be making required minimum distributions known as “RMDs” – otherwise you could be...

20 Sep HOW TO PROTECT YOUR HOME FOR PARTNER AND BENEFICIARIES THROUGH A LIFE ESTATE

Posted at 14:32h in Beneficiary, Estate Planning, Inheritance, Michael Cohen Dallas Elder Lawyer

Texas law does not provide domestic partners or significant others the same home protection rights as a surviving spouse. If you are married, your surviving spouse has a right to live in the homestead of the deceased spouse for the remainder of the surviving spouse’s...

20 Sep BEWITCHED, BOTHERED AND BEWILDERED: FAMILY’S PERSPECTIVE WHEN PARENT HAS NO POWER OF ATTORNEY

Posted at 14:21h in Estate Planning, Financial Powers of Attorney, Inheritance, Michael Cohen Dallas Elder Lawyer, Power of Attorney, Social Security

Financial powers of attorney may be the most (if not one of the most) important documents that almost everyone should have as illustrated by the following sad (but true) story: Husband dies (with a Will) and leaves everything (although the estate is not large) to wife....

20 Sep THE TEXAS TWO-STEP (PART 2): HOW MUCH CAN AN EXECUTOR BE PAID?

Posted at 13:50h in Elder Justice, End of Life Care Planning, Michael Cohen Dallas Elder Lawyer, Wills

A common question by someone who has been appointed as an executor of a Will after the Will has been probated (the process where it is determined the decedent’s Will is valid) is “What can I charge for acting as Executor?” After all, it often...

18 Aug VERDICT ON JUDGE’S TRUST: YOU CAN’T ALWAYS GET WHAT YOU WANT

Posted at 23:47h in Lawsuits, Michael Cohen Dallas Elder Lawyer, Trusts, Wills

Although conditional bequests in a will or trust are normally upheld to give freedom that your assets pass the way you want at your death, sometimes conditional provisions are held to be either unconstitutional or void against public policy. The request for a new trial of a death row...

18 Aug THREE GOVERNMENT PROGRAMS THAT HELP PAY FOR CARE AT HOME

Posted at 23:34h in Assisted Living, Estate Planning, Guardianship, Michael Cohen Dallas Elder Lawyer, Uncategorized

Even prior to the pandemic, most prefer to stay at home as long as possible if they should need long-term care. The increase in Covid variants has caused renewed and even greater interest for alternativesto care at long-term care facilities and the desire of many to stay at home due to safety concerns....