Wills

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...

02 Apr I AM NOT MY SISTER’S KEEPER – JUDGE PERMITS AGENTS UNDER THE POWER OF ATTORNEY TO MAKE OFF WITH $5.576 MILLION TO THEMSELVES

Posted at 16:07h in Beneficiary, Estate Planning, Financial Powers of Attorney, Inheritance, Lawsuits, Michael Cohen Dallas Elder Lawyer, Power of Attorney, Taxes, Wills

A Massachusetts court of appeals has recently ruled that a gift of $5.576 million dollars by agents to themselves under a power of attorney was made in good faith. Frances Fern had a roller coaster relationship with her 4 children – Frank, Tony, Chris and Tracey. ...

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...

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...

13 Oct JOHN AMOS’ DAUGHTER SUES BROTHER ALLEGING DAD’S LAST YEARS WERE NOT “GOOD TIMES”

Posted at 12:56h in Elder Law, Estate Planning, Probate, Wills

Shannon Amos, daughter of the late actor, John Amos (best known for his acting roles in “Roots” and “Good Times”), has sued her brother, Kelly “K.C.” Amos, for fraud and elder abuse and accelerating his death (wrongful death). According to Amos’ death certificate, he died...

22 Sep WILL ANY OF HULK HOGAN’S HEIRS BE BODY SLAMMED IN ESTATE BATTLE ROYALE?

Posted at 11:52h in Estate Planning, Trusts, Wills

The combination of a large estate, a dysfunctional family, and Florida’s laws giving a surviving spouse the right to elect a portion of the deceased spouse’s estate (even if not named as a beneficiary) could result in a battle over Hulk Hogan’s estate, estimated at...

15 Sep PRISCILLA PRESLEY SUED FOR “PULLING THE PLUG” ON DAUGHTER, LISA MARIE, TO CONTROL GRACELAND

Posted at 11:43h in Elder Law, Estate Planning, Trusts, Wills

Priscilla Presley has been accused of not honoring the living will of her daughter, Lisa Marie Presley – Elvis Presley’s only child, so that she could control Graceland which is owned by the family trust. Lisa Marie’s living will (directive) stated that she wanted her...

01 Sep 10 REASONS WHY WILLS AND TRUSTS ARE OFTEN BETTER THAN BENEFICIARY DESIGNATIONS

Posted at 11:11h in Beneficiary, Trusts, Wills

It is not unusual for many to merely focus on avoidance of probate – the process where the court decides whether the will is valid so that the executor can pay the bills and distribute the assets of the deceased. So many just name the...

11 Aug DID THE PRINCE OF DARKNESS (OZZY OSBOURNE) HAVE ENLIGHTENED ESTATE PLANNING?

Posted at 09:03h in Copyright, Estate Planning, Trusts, Wills

Sharon Osbourne (wife of the late rock and roll singer, Ozzy Osbourne) once said, “I don’t want someone who has never met my husband owning his name and likeness and selling t-shirts everywhere. No, it stays in the Osbourne family.” However, did he have proper estate...

01 Jul BRIAN WILSON’S ESTATE PLANNING ERRONEOUSLY GAVE HIM “GOOD VIBRATIONS”

Posted at 12:41h in Estate Planning, Guardianship, Power of Attorney, Wills

The estate planning of Brian Wilson, the legendary co-founder and primary songwriter of the Beach Boys, was a mixed bag. Wilson, whose death was announced on June 11, 2025, had a revocable living trust, which was likely beneficial in numerous ways, ranging from probate avoidance...

23 Jun OPTIONS IN HANDLING A DECEASED FAMILY MEMBER’S FACEBOOK ACCOUNT

Posted at 14:53h in Deceased Privacy Protection, Estate Planning, Medicaid Planning, Power of Attorney, Wills

Have you ever been notified of a friend’s birthday even after their death? Sometimes family members (parent, sibling, child, spouse) or executors fail to notify Facebook of the account holder’s death. Instead of doing nothing, there are 2 options: (1) deletion of the account or...

16 Jun FATHER ATTEMPTS TOTAL PICK OF “AMERICAN PICKERS” STAR’S ESTATE BY WILL CHALLENGE

Posted at 14:46h in Estate Planning, Guardianship, Last Will and Testament, Wills

The last will and testament of Frank Fritz (who was a star on the popular television show “American Pickers” on the History Channel) has been challenged by his father, Bill Fritz, due to lack of capacity. Frank was a co-host on the show (where he and...

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...

28 Apr IS A HOUSEBOAT A HOME? lAWS ADRIFT – WILL PROTECTION SINK?

Posted at 18:22h in Asset Protection, Bankruptcy, Medicaid Planning, Property Taxes, Taxes, Wills

Laws vary on whether a houseboat is a home, if it is protected from creditors or if there can even be any tax benefits. Medicaid, bankruptcy and the Internal Revenue Code all address treatment of houseboats. MEDICAID TREATMENT OF HOUSEBOATS AS HOME: Under long-term care Medicaid...

15 Apr GENE HACKMAN’S ESTATE – WILL HIS CHILDREN BE “UNFORGIVEN”?

Posted at 16:24h in Alzheimer’s, Estate Planning, Special Needs Trust, Trusts, Wills

Oscar winning movie star, Gene Hackman, died on February 18, 2025, about a week after his wife, Betsy Arakawa. The couple lived in New Mexico, a community property state. They wed in 1991. Hackman had a large estate estimated to be around eighty million dollar...

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...

29 Jan Kellie Pickler in a Pickle

Posted at 13:58h in Beneficiary, Estate Planning, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Music, Probate Administration, Special Needs, Special Needs Trust, Wills

Kellie Pickler in a Pickle In-laws to Kellie: “These Are Not the Best Days of Your Life” Country star singer and former American Idol contestant, Kellie Pickler, has sued her late husband’s parents in a dispute over who owns certain personal property items after they took...

02 Jan Tax Planning as a Result of Trump’s Election

Posted at 09:05h in Beneficiary, Estate Planning, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Taxes, Transfer of Death, Trusts, Wills

The election of Donald Trump and the control of both the House and Senate by the Republican Party is likely to have a great impact on tax planning. As a result, planning strategies could change. Higher Estate Tax Exemption As of January 1, 2025, the federal estate...

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