Michael Cohen Dallas Elder Lawyer

11 Sep RETIREMENT ACCOUNT MEDICAID COUNTABILITY POLICY CHANGE ANNOUNCED BY TEXAS HHSC

Posted at 15:07h in 401(k), Assisted Living, Estate Planning, Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home, Retirement

The lead attorney for the Texas Health and Human Services Commission announced a major policy clarification on the treatment of retirement accounts as a non-countable resource for long-term care Medicaid eligibility purposes. Since long-term care Medicaid (which helps pay for nursing home care costs and...

06 Sep POSSIBLE LOSS OF HOME TO GOVERNMENT FOR REPAYMENT OF BENEFITS LEADS TO ELDER ABUSE

Posted at 22:42h in Asset Protection, End of Life Care Planning, Estate Planning, Home Equity, Lady Bird Deed, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home, Success Story of the Month, Transfer of Death, Trusts

The granddaughter of an elderly California resident was recently sentenced to jail for 17 years for elder abuse after her grandmother was discovered with open wounds and bed sores which resulted in the grandmother’s death due to the granddaughter’s (and daughter’s) neglect. The daughter (who...

06 Sep DID ARETHA FRANKLIN GIVE HER HEIRS ANY “R-E-S-P-E-C-T”?

Posted at 14:40h in Disability Benefits, Estate Planning, Inheritance, Long Term Care, Michael Cohen Dallas Elder Lawyer, Music, Probate Administration, Special Needs, Special Needs Trust, Taxes, Wills

Aretha Franklin, the beloved “queen of soul” died on August 16 with an estimated $80 million estate without a Will or other estate planning documents. She was survived by four sons – one of whom has special needs. Although her music and legacy will live...

31 Jul 2ND SUCCESS STORY OF THE MONTH – JUDGE TO HELP ALAMO DESCENDANTS SAVE “TARA” WITH ORDER PERMITTING LADYBIRD DEED

Posted at 20:48h in End of Life Care Planning, Estate Planning, Guardianship, Home Equity, Lady Bird Deed, Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home, Power of Attorney, Success Story of the Month, Transfer of Death, Wills

An ancestor of client received a Spanish land grant for what is presently client’s homestead with the acreage surrounding it. The property has been passed from generation to generation for almost 200 years (well before Texas became a state). One of client’s ancestors was even...

31 Jul 1ST SUCCESS STORY OF THE MONTH – FINANCIAL ADVISOR DISCOVERS HE SAVED CLIENT $300,000 BY READING OUR MAY NEWSLETTER

Posted at 20:47h in Asset Protection, End of Life Care Planning, Estate Planning, Long Term Care, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home, Public Benefits Protection, Retirement, Social Security, Success Story of the Month, Taxes, Veterans

Several years ago, a local financial advisor recommended that his client (a married man who is retired) invest his entire traditional IRA worth $300,000 in an annuity (within such IRA). The IRA is the largest asset of the client (he and his wife have $80,000...

11 Jul SMALL ESTATES AFFIDAVIT LIMIT INCREASED TO $75,000.00

Posted at 19:26h in Estate Planning, Michael Cohen Dallas Elder Lawyer

Texas has increased the value of estate assets, excluding a homestead (if there is an exemption such as a surviving spouse or unmarried child living in the home and using it as their homestead) and other exempt property, to $75,000.00 which can pass to heirs...

14 Jun THE TIMES THEY ARE A CHANGIN’ – PLANNING FOR DIGITAL ASSETS (WHICH MOST DON’T REALIZE THEY OWN)

Posted at 18:08h in Asset Protection, Disability Benefits, Estate Planning, Financial Powers of Attorney, Long Term Care, Michael Cohen Dallas Elder Lawyer, Mortgage, Music, Power of Attorney, Texas Bar Today Top 10 Blog Posts

The law evolves as technology does, therefore planning must change as well. Most Americans now have “digital assets” – but probably don’t know what this type of asset is. A digital asset is an electronic record in which an individual has a right or interest....

14 Jun SUCCESS STORY OF THE MONTH – WHERE THERE IS NO WILL, THERE IS A WAY – PART 2

Posted at 17:53h in Estate Planning, Long Term Care, Michael Cohen Dallas Elder Lawyer, Power of Attorney, Success Story of the Month, Taxes

Last month we wrote an article about the use of community administration as client lacked any estate planning documents (in particular, neither a power of attorney nor a Will) to achieve the client’s goals. The facts of this month’s success story are as follows: client...

14 Jun BABY YOU CAN DRIVE MY CAR – FINALLY! NEW FORM LIKE LADYBIRD DEED OR TOD DEED FOR A CAR

Posted at 17:40h in Beneficiary, Estate Planning, Lady Bird Deed, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Transfer of Death, Wills

After almost a year since Governor Abbott signed the bill allowing vehicle owners to transfer their vehicle upon death to a beneficiary (and they can sell their car without the consent of the beneficiary), the Department of Motor Vehicles (DMV) finally created a one-page form...

14 Jun 7 REASONS TO NOT GIVE OUTRIGHT ASSETS TO YOUR CHILD

Posted at 17:31h in Asset Protection, Beneficiary, Disability Benefits, Divorce, End of Life Care Planning, Estate Planning, Guardianship, Inheritance, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Power of Attorney, Public Benefits Protection, Trusts, Wills

It is common for parents with simple wills or trusts to have their children inherit and have outright ownership of parents’ assets after the parents’ death. However the following seven (7) reasons are advantages for the child to inherit by trust (not including, the power often...

13 Jun Will Asthma Drug Reverse Alzheimer’s?

Posted at 21:09h in Alzheimer’s, Michael Cohen Dallas Elder Lawyer

Although previous experiments that have attempted to stop Alzheimer’s disease from developing have been more or less ineffective, a recent test done at Temple University has shown promise in reversing the negative effects of Alzheimer’s disease. Mice that have been engineered to possess one of...

12 Jun GUIDELINES ON WHEN AND HOW TO USE ANNUITIES IN PUBLIC BENEFITS PLANNING

Posted at 09:00h in Assisted Living, Financial Powers of Attorney, Long Term Care, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home, Texas Bar Today Top 10 Blog Posts

Many financial planners use annuities in developing a plan for the financial goals of their clients. However, few realize the opportunities that exist in the area of planning for public benefits such as long-term care Medicaid (which helps pay for nursing homes, care at home,...

06 Jun COURT RULES GRANTEE OF LADYBIRD DEED NOT ENTITLED TO PROPERTY

Posted at 09:00h in Estate Planning, Lady Bird Deed, Long Term Care, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Power of Attorney, Probate Administration, Transfer of Death

Many may be surprised that just because you are named as the grantee (the one generally entitled to the property at death) of a Ladybird Deed (an enhanced life estate deed), it doesn’t mean you would always be entitled to the property on the death...

01 Jun CAN I PROBATE A WILL AFTER FOUR (4) YEARS?

Posted at 09:00h in Estate Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Texas Bar Today Top 10 Blog Posts

Texas law requires filing for probate (the process whereby the court determines if the Will is good) within four (4) years – but not always. A Will can be admitted as a “muniment of title” after four (4) years if the proponent is “not in...

01 May BARBARA BUSH – DEATH WITH DIGNITY: END-OF-LIFE CARE PLANNING

Posted at 09:00h in Disability Benefits, End of Life Care Planning, Long Term Care, Michael Cohen Dallas Elder Lawyer, Power of Attorney, Wills

Prior to her death last week, Barbara Bush, wife of former President George H.W. Bush, decided she wanted comfort care at home during her final days as opposed to being connected with machines to keep her alive. She knew she was going to die –...

24 Apr THE TEXAS TWO-STEP: HOW MUCH CAN AN EXECUTOR BE PAID?

Posted at 09:00h in Estate Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Taxes, 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...

09 Apr SUCCESS STORY OF THE MONTH – TALES FROM THE CRYPT – HOW TO PROVIDE FOR CHILDREN AND PROTECT ASSETS FROM GREEDY EX-SPOUSE

Posted at 09:00h in Asset Protection, Divorce, End of Life Care Planning, Estate Planning, Inheritance, Long Term Care, Michael Cohen Dallas Elder Lawyer, Probate Administration, Success Story of the Month, Texas Bar Today Top 10 Blog Posts

Divorcee (client) wants an estate plan so that all her assets pass upon her death to her unmarried adult child (who has no descendants), but she wants to make sure that such assets never pass to her manipulating and greedy ex-husband. Since client’s child is...

04 Apr IS PRINCE HARRY PROTECTED FROM DIVORCE – OR WILL IT COST HIM A KING’S RANSOM?

Posted at 09:00h in Beneficiary, Divorce, Estate Planning, Inheritance, Michael Cohen Dallas Elder Lawyer, Trusts

As the time draws closer to the May marriage of Prince Harry and Meghan Markle, many might speculate as to whether the couple will have a pre-nuptial agreement – especially due to the well-known divorce of Prince Harry’s parents, Prince Charles and Princess Diana (which...

22 Mar SUCCESS STORY OF THE MONTH: TAP THE BRAKES ON PROBATE AND PUT IT IN REVERSE (MORTGAGE)

Posted at 09:00h in Asset Protection, Beneficiary, Disability Benefits, Estate Planning, Home Equity, Long Term Care, Michael Cohen Dallas Elder Lawyer, Mortgage, Power of Attorney, Probate Administration, Success Story of the Month, Taxes, Wills

Mom dies at age 99 with three (3) surviving children. Mom has $50,000 in a bank account, $20,000 of debt and a home (which has homestead exemption) worth $150,000 that has no lien against it. One daughter, age 70, is unmarried (hereinafter referred to as...

14 Mar SHOULD I LOSE MY LIFE WHEN I LOSE MY MIND?

Posted at 09:00h in Dementia, Long Term Care, Michael Cohen Dallas Elder Lawyer, Power of Attorney

Dr. Barak Gaster, a University of Washington internist, has developed a five-page dementia–specific advance directive whereby patients indicate what type of medical treatment they would want if they have mild, moderate or severe dementia. At each phase of dementia, the patients are given 4 options...

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