Power of Attorney

15 Dec LADYBIRD DEEDS BETTER THAN TRANSFER ON DEATH DEEDS (USUALLY)

Posted at 15:36h in Asset Protection, Beneficiary, End of Life Care Planning, Estate Planning, Home Equity, Lady Bird Deed, Long Term Care, Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Nursing Home, Power of Attorney, Probate Administration, Public Benefits Protection, Short Term Care, Taxes, Transfer of Death, Trusts

In a battle of the two most common probate avoidance deeds, it is often (but now always) better in Texas to use a Ladybird Deed (which is an enhanced life estate deed) than a Transfer on Death Deed. In both types of deeds, the owner...

08 Nov 12 THINGS SENIORS SHOULD DO OR DISCUSS WITH THEIR CHILDREN IN THE EVENT OF DISABILITY OR DEATH (BUT NOT ON THE 12 DAYS OF CHRISTMAS)

Posted at 09:00h in Asset Protection, Beneficiary, Disability Benefits, End of Life Care Planning, Estate Planning, Guardianship, Long Term Care, Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Mortgage, Power of Attorney, Probate Administration, Public Benefits Protection, Retirement, Social Security

Nobody wants to think (much less talk) about their death or disability or the death or disability of an immediate family member. However, communication reduces risk in achieving your desired goals if unfortunate events should occur. Assumptions often lead to errors or misunderstandings. The following...

02 Nov COMPREHENSIVE TO DO CHECKLIST AFTER LOVED ONE DIES (36 ITEMS TO CONSIDER)

Posted at 09:00h in Asset Protection, Beneficiary, Business, Charitable Giving, Disability Benefits, End of Life Care Planning, Estate Planning, Inheritance, Long Term Care, Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Mortgage, Power of Attorney, Probate Administration, Public Benefits Protection, Retirement, Social Security, Special Needs, Special Needs Trust, Transfer of Death, Trusts, Veterans, Wills

While the loss of a loved one may be emotionally devastating, the tasks to accomplish after one dies could be overwhelming. As a result, we have compiled a checklist of some of the important things to consider in a somewhat chronological order as follows: Get a...

09 Sep POST-DIVORCE ESTATE PLANNING: 6 COMMON QUESTIONS

Posted at 15:50h in Alzheimer’s, Beneficiary, Disability Benefits, Divorce, End of Life Care Planning, Estate Planning, Financial Powers of Attorney, Guardianship, Inheritance, Long Term Care, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Power of Attorney, Probate Administration, Retirement, Special Needs, Special Needs Trust, Success Story of the Month, Trusts, Wills

Divorces are often draining – financially and emotionally. As a result, many do not want to incur more costs or even think about different financial arrangements. However, anytime there is a significant change in your family (death, divorce, disability, births, etc.), your estate plan should be at...

31 Aug NO FEE FOR SOCIAL SECURITY REPRESENTATIVE PAYEE – BUT IT COULD BE CHOICE FOR THEE

Posted at 13:52h in Alzheimer’s, Beneficiary, Disability Benefits, Estate Planning, Guardianship, Michael Cohen Dallas Elder Lawyer, Power of Attorney, Social Security

Many disabled individuals live solely on Social Security income but lack sufficient mental capacity to handle the payment of their living expenses. Social Security (which doesn’t recognize powers of attorney) permits the appointment of a Social Security Representative Payee (Rep Payee) upon proof of disability and...

11 Aug 16 WAYS TO AVOID GUARDIANSHIP OF THE ESTATE

Posted at 20:29h in Alzheimer’s, Asset Protection, Beneficiary, Disability Benefits, Estate Planning, Guardianship, Long Term Care, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Power of Attorney, Probate Administration, Public Benefits Protection, Social Security, Special Needs, Special Needs Trust, Transfer of Death, Trusts, utma

Guardianship if often an expensive legal process which should be avoided if possible. Thus, planning should be considered as an alternative to guardianship. Guardianship is often needed for an incapacitated person. Texas law defines an “incapacitated person” as: a minoran adult, who because of a physical or mental condition,...

08 Jul RIVAL OF TIGER KING A COPYCAT? SHERIFF: MISSING HUSBAND’S WILL FORGED

Posted at 21:13h in Beneficiary, Estate Planning, Long Term Care, Power of Attorney, Probate Administration, Short Term Care, Wills

What would happen in Texas if it were determined either before or after probate that a Will was forged? This question becomes topical due to the recent determination by a Florida sheriff (after 2 handwriting specialists examined the Will) that there “100% forgery” of the Will admitted...

28 Jun COURT RULES TIGER KING TO BE DECLAWED IN BIG CAT FIGHT – LOSES ZOO

Posted at 17:58h in Estate Planning, Power of Attorney

Joe Exotic, the so-called “Tiger-King” in the Netflix hit docuseries during the pandemic who was found guilty of paying a hitman to kill his arch-nemesis, Carole Baskin, lost his zoo, G.W. Exotic Animal Memorial Park, to Baskin pursuant to a court order on June 1,...

01 Jun MURDER, SHE WROTE? WOULD “TIGER KING” NEMESIS BE TEXAS TOAST UNDER TEXAS ESTATE LAWS?

Posted at 14:19h in Beneficiary, Business, Dementia, Disability Benefits, Estate Planning, Power of Attorney, Probate Administration, Texas Bar Today Top 10 Blog Posts, Transfer of Death, Wills

The recent Netflix series “Tiger King” focused on the feud between an Oklahoma private zookeeper (of big cats such as tigers and lions) known as “Joe Exotic” (herein “Exotic”) who also called himself the “Tiger King” and big cat animal rights preservationist, Carol Baskin (“Baskin”)....

30 May COVID-19 ESTATE PLANNING MODIFICATIONS TO CONSIDER IN CORE DOCUMENTS

Posted at 16:28h in Disability Benefits, End of Life Care Planning, Estate Planning, Financial Powers of Attorney, Power of Attorney, Trusts, Wills

The coronavirus pandemic has not only resulted in the stark realization of our mortality resulting in a surge in the preparation of wills and trusts, but it has also caused the necessity for review or consider changes to the most basic estate planning documents including...