Michael Cohen Dallas Elder Lawyer |

01 Jul Conflicting testimony as to common law marriage results in child inheritance of estate

Posted at 11:02h in Beneficiary, Elder Justice, Estate Planning, Inheritance, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Social Security

If you don’t have a will or beneficiary designation of assets, inheritance is determined by state law which is called intestate succession. If the deceased was married at the time of death but has no will, then a surviving spouse will have some inheritance rights...

28 May MEDICAID PLANNING BY NON-ATTORNEY IS A CRIMINAL ACT

Posted at 15:05h in Asset Protection, End of Life Care Planning, Estate Planning, Long Term Care, Medicaid Application, Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Nursing Home, Probate Administration, Public Benefits Protection

Adult child of a nursing home resident seeks planning to obtain governmental assistance for costly care. The facility advises the adult child, “Don’t worry, we pay a company that you have to use, that will plan for you and apply for your mom – you...

21 May 23ANDME MAY LEAD TO INHERITANCE WORTH MILLIONS

Posted at 15:00h in Beneficiary, Estate Planning, Inheritance, Lawsuits, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration

Carmen Thomas, 26, who found out through a DNA sample sent to 23andMe that she was the daughter of Joseph Brown, has sued Brown’s estate for failing to include her as a part of the wrongful death settlement with a hospital and 2 doctors. The...

14 May NO LADY LUCK FOR SURVIVING SPOUSE (OR HER DAUGHTER) OF JOINT LADYBIRD DEED

Posted at 14:48h in Beneficiary, Estate Planning, Lady Bird Deed, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Mortgage, Nursing Home, Power of Attorney, Probate Administration

A Texas Court of Appeals decision last year illustrates the importance of how a joint ladybird deed is drafted as to ownership of property after one owner dies. A ladybird deed is also known as an enhanced life estate which reserves a life estate with full...

07 May TILL DEATH DO US PART – WILL O.J.’S ESTATE PAY?

Posted at 14:27h in Asset Protection, Estate Planning, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Mortgage, Probate Administration, Public Benefits Protection, Transfer of Death, Trusts

Although O.J. Simpson was acquitted in what may have been the murder trial of the century in connection with the death of his ex-wife Nicole Brown Simpson and her friend, Ronald Goldman, a California civil jury determined he was liable for $33.5 million dollars (which...

08 Apr What Makes A Will Valid? Where There Is A Will, There Is A Way

Posted at 11:46h in Estate Planning, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Notarizations, Probate Administration, Wills

Is a photocopied form signed by the testator (the one who makes the will), before 2 witnesses a valid will? What if the will is only initialed by the testator? What if the testator signs with an “X”? What if the will was signed by...

04 Apr Free Wendy Williams?

Posted at 15:12h in Dementia, Disability Benefits, End of Life Care Planning, Estate Planning, Guardianship, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Power of Attorney, Probate Administration

The recent Lifetime Network documentary series on the famed daytime television talk show host, Wendy Williams, has again put the spotlight on guardianship. A couple of years ago, Britney Spears conservatorship was in the limelight until she was “freed”. The cases are clearly different as...

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

Posted at 15:06h in 529 plan, Asset Protection, Beneficiary, Disability Benefits, End of Life Care Planning, Estate Planning, Guardianship, Inheritance, Lady Bird Deed, Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home, Power of Attorney, Probate Administration, Public Benefits Protection, Retirement, Special Needs, Special Needs Trust, Transfer of Death, Trusts, utma, Veterans

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...

01 Apr Medicaid Estate Recovery Kill Bill

Posted at 15:01h in Asset Protection, Beneficiary, Business, Disability Benefits, End of Life Care Planning, Estate Planning, Lady Bird Deed, Medicaid Application, Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Nursing Home, Probate Administration, Public Benefits Protection, Social Security, Transfer of Death, Trusts

U.S. Congresswoman Jan Schakowsky of Illinois has proposed a bill that would end Medicaid estate recovery (Medicaid estate recovery is the process to recoup care costs such as nursing home care, care at home, medications, etc.) from the estate of the deceased Medicaid recipient. Typically,...

29 Mar Options To Consider When Planning For A Minor Who Is A Beneficiary

Posted at 13:32h in 529 plan, Beneficiary, End of Life Care Planning, Estate Planning, Guardianship, Inheritance, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Taxes, Trusts, utma, Wills

It is very common for a minor to be named as a beneficiary of a will or trust. However, since a minor is presumed to lack capacity under law until reaching the age of majority, different planning options should be considered. Even when a child...