Transfer of Death

23 Nov POTENTIAL TAX RAMIFICATIONS OF THE 2020 ELECTION ON INDIVIDUALS

Posted at 09:00h in Beneficiary, End of Life Care Planning, Estate Planning, Long Term Care, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Retirement, Social Security, Taxes, Transfer of Death, Trusts

President-elect Biden has suggested various changes in tax laws to help achieve his legislative agenda. Although 2 Senate seats in Georgia have yet to be decided which could make a difference in likelihood of success in achieving the goals of the President-elect, the following are a...

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...

19 Oct SUCCESS STORIES OF THE MONTH – SAVING THE HOME FROM PAYBACK TO GOVERNMENT AFTER LONG-TERM CARE MEDICAID RECIPIENT DIES

Posted at 21:25h in Assisted Living, End of Life Care Planning, Estate Planning, Lady Bird Deed, Long Term Care, Medicaid Application, Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Nursing Home, Probate Administration, Transfer of Death

Most Texans have inadequate income and resources or lack long-term care insurance to pay for the cost of long-term care (such as nursing home and assisted living care or care at home). As a result, they often use long-term care Medicaid to help pay for...

19 Oct SEVEN WAYS TO AVOID A FAMILY FEUD ON YOUR PERSONAL PROPERTY

Posted at 21:14h in Beneficiary, End of Life Care Planning, Estate Planning, Long Term Care, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Notarizations, Probate Administration, Transfer of Death, Wills

It is not unusual for family members to fight over personal property items of value (sentimental or financial - such as jewelry, guns, art, tools, furniture, silverware and china, etc.). After famous comedian Robin Williams died, his Will left his homestead to his wife, but there...

17 Aug SUCCESS STORY OF THE MONTH

Posted at 20:24h in Alzheimer’s, Asset Protection, Beneficiary, End of Life Care Planning, Estate Planning, Inheritance, Long Term Care, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Public Benefits Protection, Retirement, Special Needs, Special Needs Trust, Success Story of the Month, Transfer of Death, Trusts, Wills

Husband and wife (“clients”) have 2 adult children. Once child is disabled and the other is a spendthrift (money is spent as soon as it is received). The disabled child is on Medicaid and lives in a facility where the drug costs and the great majority of...

11 Aug 12 COMMON TEXAS PROBATE FAQ’S

Posted at 20:34h in Alzheimer’s, Beneficiary, End of Life Care Planning, Estate Planning, Long Term Care, Michael Cohen Dallas Elder Lawyer, Probate Administration, Retirement, Social Security, Transfer of Death, Wills

We get asked questions every day about probate: what it is, how to probate a will, etc. Here are 12 of the most common Texas Probate questions we receive. Question 1: What is Probate? Answer: Probate is the process where a court confirms death and determines who...

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,...

29 Jul LADYBIRD DEEDS – 10 SITUATIONS WHERE IT IS BEST THAT A TRUST RECEIVE PROPERTY INSTEAD OF AN INDIVIDUAL

Posted at 19:55h in Asset Protection, Assisted Living, Beneficiary, Disability Benefits, Estate Planning, Guardianship, Home Equity, Inheritance, Lady Bird Deed, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Mortgage, Nursing Home, Probate Administration, Public Benefits Protection, Special Needs, Special Needs Trust, Transfer of Death

Ladybird Deeds and Transfer on Death Deeds are used to avoid probate (which is the legal process whereby the court determines if a will is valid and assets are distributed according to the will). These types of deeds are particularly useful to avoid Medicaid Estate Recovery. If...

15 Jul DEAD MONEY – HOW CAN GOVERNMENT COLLECT $1.4 BILLION FROM STIMULUS CHECKS SENT IN ERROR TO THE DECEASED?

Posted at 19:45h in Beneficiary, Estate Planning, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Social Security, Transfer of Death

As a result of a rush to stimulate the economy early in the pandemic, the IRS apparently failed to follow its own procedures (established after recovery from the recession in 2008) and sent 1.1 million stimulus checks totaling $1.4 billion to those who are deceased. Now...

21 Jun WILL LADYBIRD DEEDS NEED A VENTILATOR DUE TO COVID-19?

Posted at 14:58h in End of Life Care Planning, Estate Planning, Home Equity, Lady Bird Deed, Long Term Care, Medicaid Planning, Medicare, Probate Administration, Transfer of Death, Trusts

As COVID-19 increases pressure on state Medicaid budgets as demands for Medicaid coverage become even greater, states may be inclined to expand Medicaid estate recovery giving the state the right to have a lien against the property (most commonly a homestead) of a Medicaid recipient...

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”)....

14 Apr PANDEMIC PLANNING IN PERIL: WHERE THERE IS A “WILL”, IS THERE STILL A WAY?

Posted at 15:49h in Beneficiary, Business, End of Life Care Planning, Estate Planning, Financial Powers of Attorney, Guardianship, Michael Cohen Dallas Elder Lawyer, Notarizations, Power of Attorney, Probate Administration, Quality of Life, Retirement, Transfer of Death, Trusts, Wills

Coronavirus concerns have resulted in an unprecedented demand for Will planning in America. Even younger Americans are realizing that they are not invincible. Most Americans fail to have even a simple Will leaving the risk of their assets being distributed in accordance with the laws...

09 Feb SUCCESS STORY OF THE MONTH

Posted at 09:00h in Asset Protection, End of Life Care Planning, Estate Planning, Home Equity, Lady Bird Deed, Long Term Care, Medicaid Planning, Medicare, Nursing Home, Short Term Care, Success Story of the Month, Transfer of Death, Trusts

A married couple owns a homestead located out-of-state held in a trust. They move to Texas to be closer to their children since the wife needs long-term care. They have no long-term care insurance, and their liquid assets and income are insufficient to pay for...

21 Jan SEVEN DIFFERENT TYPES OF TRUSTS USED IN PUBLIC BENEFITS PLANNING

Posted at 19:54h in Asset Protection, Assisted Living, Beneficiary, Disability Benefits, Estate Planning, Inheritance, Lady Bird Deed, Long Term Care, Medicaid Planning, Miller Trust, Nursing Home, Public Benefits Protection, Social Security, Special Needs, Special Needs Trust, Transfer of Death, Trusts, Veterans

Public benefits can range from payment of expensive drugs (no matter what age) to long-term care costs such as skilled nursing care. There are 40-50 Medicaid programs in Texas in addition to strictly federal public benefits programs such as Supplemental Security Income (SSI), Social Security...

24 Dec LADYBIRD DEEDS – WILL TITLE COMPANIES FOLLOW COURT RULES?

Posted at 15:56h in Assisted Living, Beneficiary, End of Life Care Planning, Estate Planning, Lady Bird Deed, Long Term Care, Medicaid Application, Medicaid Planning, Mortgage, Nursing Home, Power of Attorney, Probate Administration, Taxes, Transfer of Death

Ladybird Deeds are often used to protect a homestead from a Medicaid estate recovery claim as it avoids probate and are supposed to permit the grantor (the one who signs the deed) to reserve for the grantor’s life, the full possession, benefit and use of...

10 Dec “KNIVES OUT” CUTS TO CORE OF CERTAIN ESTATE PLANNING BASICS

Posted at 15:51h in Beneficiary, Dementia, Estate Planning, Long Term Care, Short Term Care, Transfer of Death

The recent popular murder mystery movie “Knives Out” delves into several key estate planning topics (such as Will contests and undue influence) during this whodunnit thriller. In the movie, a wealthy man changes his Will shortly before he was murdered. Since his family members feel jilted,...

26 Nov SUCCESS STORY OF THE MONTH – SAVING THE FAMILY MINERAL INTERESTS, COSTS OF CARE AND MORE

Posted at 16:33h in Asset Protection, Estate Planning, Home Equity, Lady Bird Deed, Long Term Care, Medicaid Planning, Nursing Home, Probate Administration, Success Story of the Month, Transfer of Death, Veterans

Elderly client, whose health is declining, owns a trailer and 11 acres that is treated as his homestead presently valued at around $55,000. He also owns 60 acres of undeveloped property where he would prefer to live which is much more valuable. The only other...

25 Nov HOME SWEET HOME – MEDICAID HOMESTEAD EQUITY (MAXIMUM VALUE) LIMIT INCREASED TO $595,000 FOR 2020

Posted at 16:27h in End of Life Care Planning, Estate Planning, Home Equity, Lady Bird Deed, Medicaid Application, Medicaid Planning, Mortgage, Nursing Home, Transfer of Death

As of January 1, 2020, the equity limit for a homestead applicant (who is single) for either the nursing home Medicaid program or “waiver” home care Medicaid program has increased to $595,000. Thus, if the home equity (the difference between the appraised value and any...

23 Nov TRANSFER ON DEATH DEED VOIDED BY COURT

Posted at 10:00h in Beneficiary, End of Life Care Planning, Estate Planning, Lady Bird Deed, Long Term Care, Medicaid Planning, Nursing Home, Probate Administration, Transfer of Death, Wills

TRANSFER ON DEATH DEED VOIDED BY COURT The Fort Worth Court of Appeals has recently set aside a Transfer on Death Deed (an instrument that usually avoids court action for real estate to pass to a beneficiary) since a jury determined the deed was signed as...

16 Nov WHERE THERE IS NO WILL, THERE IS A WAY (SOMETIMES) – SMALL ESTATES AFFIDAVITS

Posted at 10:00h in Asset Protection, Beneficiary, Estate Planning, Notarizations, Probate Administration, Public Benefits Protection, Transfer of Death, Trusts, Wills

Texans who die with modest means may be able to have their property transferred if they have no Will and if certain other requirements are met. One of the main reasons for having a Will or a Trust is to transfer property of the deceased...

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