Probate Administration

06 Jul THE INK WAS DRY ON ZAPPOS CEO’S DEATH CERTIFICATE BUT THERE IS STILL A BATTLE OVER HIS ESTATE – WILL THE CASE TO BE DETERMINED BY INK?

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

Although it was originally believed that Tony Hsieh, Zappos CEO and founder, died without a Will, the Wall Street Journal has reported a Will may have been found. A man from Pakistan called and sent a copy of the purported will to Las Vegas...

29 Jun 30 Common Mistakes When Completing A Nursing Home Medicaid Application Or Planning For Eligibility

Posted at 09:00h in Disability Benefits, Elder Justice, End of Life Care Planning, Estate Planning, Home Equity, Long Term Care, Medicaid Application, Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Miller Trust, Mortgage, Nursing Home, Probate Administration, Social Security, Special Needs, Special Needs Trust, Taxes, Trusts

The cost of long-term care is great (average is around $7,900/month in Texas). As a result, many apply for long-term care Medicaid for governmental assistance to help pay the facility and drugs. It is not unusual for us to receive calls after either a facility...

21 May Murder She Wrote Update: Will Convicted Husband Killer and Children’s Grief Book “Author” Kouri Richins, Profit by Murder?

Posted at 15:46h in Estate Planning, Lawsuits, Michael Cohen Dallas Elder Lawyer, Probate Administration, Wills

Kouri Richins (hereinafter, “Kouri”) was found guilty of aggravated murder of her husband, attempted aggravated murder, forgery and two counts of insurance fraud on March 16, 2026. She was sentenced to life in prison without the possibility of parole on May 13, 2026. Shortly after murdering...

21 May Anna Nicole Smith’s Poor Estate Planning Gives Daughter Free Rein on Derby Day

Posted at 15:44h in Estate Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Trusts, Wills

Anna Nicole Smith’s daughter, Dannielynn, has reached the age of majority, leaving her in full control of the money she inherited from her mother. It is often recommended by estate planning attorneys that inherited assets be held in trust (i.e., for education, maintenance or support)...

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...

11 Mar PROBATING A COPY OF A WILL – WHERE THERE IS A WILL, THERE IS A WAY (ALTHOUGH MORE DIFFICULT)

Posted at 12:04h in Estate Planning, Probate Administration, Texas Bar Today Top 10 Blog Posts, Wills

What happens if your loved one dies and you need to collect their assets and pay the debts of the deceased if you only can locate a copy of the will (not the actual will that was signed)? Of course, even if you have an original...

02 Mar HOW LONG WOULD IT TAKE FOR NANCY GUTHRIE (A MISSING PERSON) TO BE PRESUMED DEAD?

Posted at 11:41h in Estate Planning, Probate Administration, Texas Bar Today Top 10 Blog Posts

There were more than 500,000 persons reported missing in the United States last year. The high-profile missing person case of Nancy Guthrie (mother of “Today” show anchor Savannah Guthrie) is unusual since most missing persons are younger. It is also different since there is a...

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...

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...

08 Dec COULD ROB REINER’S SON BENEFIT FROM KILLING HIS PARENTS? How does California & Texas law differ?

Posted at 14:31h in Inheritance, Lawsuits, Probate Administration, Trusts, Wills

Nick Reiner, the son of Rob Reiner and Michele Singer Reiner, has been charged with violently stabbing his parents to death. Is there any way Nick could benefit from killing his parents? Like most states, California (where the Reiners were murdered) has a slayer statute...

24 Nov IS JEFFREY EPSTEIN’S ESTATE HANGING BY A THREAD?

Posted at 14:56h in Estate Planning, Lawsuits, Probate Administration, Taxes, Trusts

The impending release of the Epstein files, including his “Birthday Book” and the U.S. Senate Committee on Finance’s investigating the IRS failure to audit his tax planning on others, could have an impact on Jeffry Epstein’s estate. When Jeffrey Epstein died in 2019, his estate...

17 Nov IF TOM BRADY CLONED HIMSELF, WOULD HIS HEIRS SUFFER A SUPER BOWL LOSS?

Posted at 14:51h in Estate Planning, Inheritance, Lawsuits, Probate Administration

Tom Brady announced in November that his present dog, Junie, is a clone of his former dog, Lua, who died in 2023. This was done through the use of withdrawing blood from Lua (prior to her death) and cloning technology. Although cloning technology has not...

23 May POPE FRANCIS’ LAST WILL AND TESTAMENT COMPARED TO THE 3 POPES BEFORE HIM

Posted at 10:37h in Charitable Giving, Estate Planning, Probate Administration, Wills

Unlike the last will and testament that one might consider in the United States, the last will and testament of Pope Francis focused on where he should be buried (Basilica of St. Mary Major in Rome) where he had prayed often. His will stated “I...

10 Mar 3 Ways to Probate a Will if Decedent Lives Outside Texas at Time of Death but Owns Property in Texas

Posted at 10:35h in Estate Planning, Probate Administration

It is not unusual for someone who lives in another state at the time of his or her death but owns real estate (including mineral interests) or other tangible personal property such as livestock, vehicles, collectables or business interests in Texas. The state of Texas...

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...

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