Michael Cohen Dallas Elder Lawyer

27 Apr WHEN TO “LOOK A GIFT HORSE IN THE MOUTH” – DISCLAIMING A LADYBIRD DEED

Posted at 17:32h in Estate Planning, Lady Bird Deed, Long Term Care, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Transfer of Death, Wills

A Ladybird deed is an enhanced life estate deed used to avoid probate after the death of the grantor (the one who signs the deed). As an example, if you own a home and you sign a Ladybird deed, you retain all the benefits of...

15 Apr “WASTING AWAY IN MARGARITAVILLE” UPDATE: COURT PERMITS JIMMY BUFFETT’S ESTATE TO DIMINISH OVER TRUST MANAGEMENT DISPUTE

Posted at 16:16h in Beneficiary, Estate Planning, Lawsuits, Michael Cohen Dallas Elder Lawyer, Music, Probate Administration, Trusts

A Florida court has recently ruled a co-trustee’s legal fees of $2 million in suing the co-trustee could be paid from Jimmy Buffett’s trust notwithstanding the petition opposition of the other co-trustee (who is Jimmy Buffett’s widow). Buffett’s widow has appealed and legal fees continue...

09 Apr MICHAEL JACKSON’S ESTATE ATTORNEYS TELL HIS ACCUSERS TO “BEAT IT”

Posted at 16:15h in Asset Protection, Estate Planning, Lawsuits, Michael Cohen Dallas Elder Lawyer, Music, Probate Administration

Michael Jackson’s Estate is involved in another lawsuit. Four siblings of the Cascio family have sued Jackson’s estate alleging he was a child sex predator who raped, drugged and sexually assaulted them at Neverland over ten years starting when they were as young as seven...

02 Apr I AM NOT MY SISTER’S KEEPER – JUDGE PERMITS AGENTS UNDER THE POWER OF ATTORNEY TO MAKE OFF WITH $5.576 MILLION TO THEMSELVES

Posted at 16:07h in Beneficiary, Estate Planning, Financial Powers of Attorney, Inheritance, Lawsuits, Michael Cohen Dallas Elder Lawyer, Power of Attorney, Taxes, Wills

A Massachusetts court of appeals has recently ruled that a gift of $5.576 million dollars by agents to themselves under a power of attorney was made in good faith. Frances Fern had a roller coaster relationship with her 4 children – Frank, Tony, Chris and Tracey. ...

27 Jan WHO GETS YOUR PROPERTY IF THE GRANTEE/BENEFICIARY OF YOUR LADYBIRD DEED PREDECEASES YOU?

Posted at 16:38h in Estate Planning, Lady Bird Deed, Michael Cohen Dallas Elder Lawyer, Probate Administration

A Ladybird deed is an enhanced life estate deed whereby the named beneficiary (grantee) is to be entitled to the property upon the death of the property owner (the grantor). It is considered a transfer subject to divestment (grantor changing his or her mind unless...

22 Jan WHAT RISK DOES A SON HAVE FOR ABUSING MOM’S POWER OF ATTORNEY? Never take advantage of person who does the most for you!

Posted at 16:25h in Elder Justice, Estate Planning, Financial Powers of Attorney, Medicaid Planning, Michael Cohen Dallas Elder Lawyer

A financial durable power of attorney gives an agent authority to make financial decisions on behalf of the principal (the one giving the authority). However, sometimes the agent exceeds the authority granted by the principal. The repercussion may be greater than the agent may realize. Facts: Son,...

19 Jan WHAT ASSETS DO NOT GO THROUGH PROBATE?

Posted at 16:15h in Beneficiary, Estate Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration

Probate is the process of going to court when the deceased owns an asset in his or her individual name so that asset can be collected, evaluated, and distributed to heirs or beneficiaries after the payment of the debts and taxes of the deceased has...

12 Jan PURCHASE OF HOME BY A TRUST MAY REQUIRE REPORTING TO FinCEN FOR CLOSING AFTER MARCH 1, 2026

Posted at 16:08h in Business, Estate Planning, Lawsuits, Michael Cohen Dallas Elder Lawyer, Trusts

The Financial Crimes Enforcement Network (FinCEN) has a new reporting requirement for closing of some residential property on or after March 1, 2026 in an effort to prevent money laundering. The reporting requirement only is applicable if the following conditions are met: Residential property –(i.e. homes, townhomes,...

02 Jun 6 WAYS TO PROTECT THE EQUITY VALUE OF A HOMESTEAD FOR LONG-TERM CARE MEDICAID ELIGIBILITY AND MEDICAID ESTATE RECOVERY

Posted at 13:58h in Assisted Living, Estate Planning, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer

Although there is unlimited equity limit of a homestead to be excluded as a countable resource if the applicant for long term-care Medicaid is married and the non-applicant spouse lives in the community (the community spouse), there is a $730,000 equity limit in 2025 if...

22 Apr HOW TO STOP UNSAFE SENIORS FROM DRIVING

Posted at 18:04h in Dementia, Guardianship, Katie’s Law, Michael Cohen Dallas Elder Lawyer, Seniors safety

It is often difficult to determine when it is unsafe for someone to drive. This is particularly troublesome for many seniors who fear loss of independence when their driving privileges are lost. This may result in loneliness in addition to no longer being able to...

04 Mar Tony Bennett’s Daughters Sue Their Brother Over Trust Mismanagement

Posted at 11:03h in Business, Dementia, Estate Planning, Lawsuits, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Trusts

Antonia and Johanna Bennett have sued their brother, Danny, who has served as trustee of the Tony Bennett Family Trust, for mismanagement. Tony’s daughters claim Danny made “multiple gifts to himself totaling over $200,000 from the trust, $2.6 million in commissions for acting as Tony’s...

01 Mar Little Richard’s Brother Says “Good Golly, Miss Molly”

Posted at 10:55h in Beneficiary, Estate Planning, Lawsuits, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Wills

Little Richard’s Brother Says “Good Golly, Miss Molly” After Being Removed as Co-executor and Losing Share of Estate The Tennessee Court of Appeals has ruled that Little Richard’s brother lose a share of the publicity rights to Little Richard’s estate after thwarting a proposed sale of...

25 Feb Court Rules That Estranged, Specifically Disinherited, Daughter Could Be Sole Beneficiary of Mother’s Estate

Posted at 10:23h in Beneficiary, Estate Planning, Lawsuits, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Wills

The Maine Supreme Judicial Court has ruled that, notwithstanding a provision in the decedent’s Will that her daughter was intentionally omitted and disinherited, the daughter could inherit the entirety of her mother’s estate. Linda Giguere prepared a Will in 2012 that if her husband, William, predeceased...

17 Feb Are Mobile Homes a Stepchild in Beneficiary Designations?

Posted at 10:17h in Beneficiary, Estate Planning, Lady Bird Deed, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Public Benefits Protection, Transfer of Death, Trusts, Wills

It is often the goal of many to simply avoid probate even though it is often best to have a Will or Trust to consider protection for the beneficiary. Financial accounts can be established with a beneficiary designation to avoid probate. Real estate can be...

30 Jan Success Story of the Month – Rearranging Assets for Government Care Assistance

Posted at 14:05h in 529 plan, Asset Protection, Dementia, Estate Planning, Financial Powers of Attorney, Lady Bird Deed, Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Mortgage, Power of Attorney, Probate Administration, Public Benefits Protection, Success Story of the Month, utma

Mom has dementia that has resulted in the need for skilled care. Although mom owns a homestead, she now lives with daughter due to the dementia. Mom has no long-term care insurance. Mom’s only assets are the home (which she purchased for $200,000 – although...

29 Jan Kellie Pickler in a Pickle

Posted at 13:58h in Beneficiary, Estate Planning, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Music, Probate Administration, Special Needs, Special Needs Trust, Wills

Kellie Pickler in a Pickle In-laws to Kellie: “These Are Not the Best Days of Your Life” Country star singer and former American Idol contestant, Kellie Pickler, has sued her late husband’s parents in a dispute over who owns certain personal property items after they took...

27 Jan IRS Announces Increase in Gift and Estate Tax Exemptions, Tax Brackets, Etc. for 2025

Posted at 13:53h in Asset Protection, Charitable Giving, Estate Planning, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Taxes, Transfer of Death, Trusts

As of January 1, 2025, you can give up to $19,000 per year, per person (other than gifts of future interests) without reporting to the IRS and without gift taxation. So, for example, if a married couple with three children wanted to give the maximum...

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, Miller Trust, 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...

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