Malcolm LaVergne, the special administrator of O.J. Simpson’s estate, has sued Primary Holdings, LLC, owned by O.J. Simpson’s son, Justin Simpson, for claiming that he is the owner of O.J. Simpson’s Las Vegas home. Originally, O.J. purchased the home with the help of Primary Holdings, LLC,...
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...
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...
The cost of long-term care is great (the average is around $7,500/month in Texas). As a result, many apply for long-term care Medicaid for governmental assistance to help pay for the facility and drugs. It is not unusual for us to receive calls after either...
Famed actress, Shannen Doherty, most commonly known for her television roles in “Beverly Hills 90210” and “Charmed”, got divorced from her husband, successful photographer, Kurt Iswarienko (“Kurt”), hours before her death in California on July 13, 2024. In contrast, Aristotle Onassis planned on divorcing former first...
Homestead Resource Exclusion Differences Between Medicaid and Veteran’s Benefits Public benefits (such as long-term care Medicaid and non-service-connected disability benefits for wartime veterans or his or her surviving spouse) are “means-tested”. In other words, the government looks at your resources when you apply to determine if you...
Identity theft is real. The brazen attempt of foreign fraudsters to foreclose on Graceland, the former home of the late iconic singer, Elvis Presley, illustrates the need to be vigilant in the protection of your assets – and so should the representatives of your estate...
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...
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...
Irrevocable trusts (including trusts created within a will as well as irrevocable trusts created within a revocable living trust) give guidelines to a trustee as to how distributions are to be made in accordance with your desires. Some prefer mandatory distributions (i.e., trustee must give...
Surviving spouses are entitled to numerous rights under federal and Texas laws. The following are just a few of the many that widows and widowers should be aware. Homestead rights Under the Texas Constitution, a surviving spouse is entitled to the exclusive right to occupy the homestead...
A life estate is an interest in real estate whereby the grantor of the deed (the life tenant) retains the exclusive (no one else has right without permission) right to occupy and use the real estate (often a homestead) for life. The deed would indicate...
Your homestead is usually the largest asset you might own. Most people would prefer to stay at home as long as possible - even if there is a need for skilled care rather than living in a facility. As a result, often elderly (over age...
Home, sweet home - the most valuable asset of many. However, if you need financial assistance for long-term care, you have to be careful when making a transfer. Long-term care Medicaid (which helps pay for skilled nursing care that many seek since Medicare has limited coverage...
Is your head ready to explode with the myriad of legal issues that can spring from your estate planning problems? The case below illustrates the problems and solutions to eliminating the pain and meet the goals of a client. FACTS: 54-year-old disabled, divorced man (“Recipient”) needs...
Texas estate planning attorneys often disagree about what is the best option in estate planning. Sometimes it is best to have a will to transfer your assets and pay your debts after death. Sometimes it is best to have an irrevocable trust for numerous reasons....
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...
There are numerous ways to transfer real estate upon death depending on the facts and the type of planning – if any. The following are 12 of the ways property is transferred at death: Executor’s Deed. When the deceased has a will that has been admitted to...
Recent changes under the Secure Act 2.0 that became effective January 1, 2023 may make a QLAC (Qualified Longevity Annuity Contract) a planning option for long-term care Medicaid which helps pay for nursing care and care at home. A QLAC is an annuity within your retirement...
Elvis Presley, the King of Rock n’ Roll, trusted his manager and promoter, Colonel Tom Parker. Maybe he shouldn’t have. Elvis named his trustworthy father (Vernon) who was in poor health and elderly as the executor (without an alternate) of his will. That was a...
