Wills

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...

23 Dec 10 Ways to Make Things Easier for Others In the Event of Your Death or Disability

Posted at 08:40h in Beneficiary, Disability Benefits, End of Life Care Planning, Estate Planning, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Power of Attorney, Probate Administration, Quality of Life, Retirement, Trusts, Wills

No one likes to think about death or disability, but here are a few tips to make things easier for your heirs, beneficiaries, or those you trust. 1. Keep your estate planning documents in a safe place It is generally more difficult to probate a copy of...

27 Nov Estate Planning Decision Tree Chart for Will vs. Revocable Living Trust – 20 Issues

Posted at 10:23h in Asset Protection, Beneficiary, Business, Divorce, Estate Planning, Guardianship, Lady Bird Deed, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Public Benefits Protection, Special Needs, Special Needs Trust, Taxes, Transfer of Death, Trusts, Wills

Estate Planning Decision Tree Chart for Will vs. Revocable Living Trust – 20 Issues One of the most common dilemmas in estate planning is whether it is better to have a Will or a Revocable Living Trust (RLT). There are numerous types of trusts, but this...

10 Oct Are Beneficiary Designations Beneficial To My Beneficiary?

Posted at 13:17h in Asset Protection, Beneficiary, Disability Benefits, Divorce, End of Life Care Planning, Estate Planning, Guardianship, Lady Bird Deed, Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Power of Attorney, Probate Administration, Public Benefits Protection, Retirement, Taxes, Transfer of Death, Veterans, Wills

Beneficiary designations (where you name one or more beneficiaries to receive assets of yours upon your death) are sometimes a great and simple tool in estate planning, but sometimes, they could lead to a disastrous result. Beneficiary designations supersede your will. Thus, there could be...

26 Aug Matthew Perry’s Estate Plan – A Friend to Many Even After Death

Posted at 10:38h in Beneficiary, Charitable Giving, Estate Planning, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Taxes, Transfer of Death, Trusts, Wills

Matthew Perry, well-known for his role as Chandler Bing in the popular television show “Friends”, preferred that he be remembered for helping others. Perry, who fought his addiction to alcohol and opioids for many years prior to his death last year at age 54, may have...

08 Apr What Makes A Will Valid? Where There Is A Will, There Is A Way

Posted at 11:46h in Estate Planning, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Notarizations, Probate Administration, Wills

Is a photocopied form signed by the testator (the one who makes the will), before 2 witnesses a valid will? What if the will is only initialed by the testator? What if the testator signs with an “X”? What if the will was signed by...

29 Mar Options To Consider When Planning For A Minor Who Is A Beneficiary

Posted at 13:32h in 529 plan, Beneficiary, End of Life Care Planning, Estate Planning, Guardianship, Inheritance, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Taxes, Trusts, utma, Wills

It is very common for a minor to be named as a beneficiary of a will or trust. However, since a minor is presumed to lack capacity under law until reaching the age of majority, different planning options should be considered. Even when a child...

26 Mar He Who Laughs Last, Laughs Best – 20 Of The Funniest (And Strangest) Will Provisions

Posted at 13:21h in Beneficiary, Estate Planning, Inheritance, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Miller Trust, Probate Administration, Wills

“Life is worth living as long as there’s a laugh in it” was stated in the book “Anne of Green Gables”. There can even be laughter at death as some of the following will provisions illustrate. There are also weird bequests some of which are...

28 Feb 15 Will Drafting Mistakes For Texas Wills

Posted at 13:36h in Beneficiary, Charitable Giving, Estate Planning, Guardianship, Inheritance, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Notarizations, Power of Attorney, Probate Administration, Trusts, Wills

Whether a will is drafted by an attorney or not, there are often mistakes that should be avoided including, but not limited to, the following: Choosing a beneficiary as a witness -This could result in disinheritance of that witness under Texas law. Self-proving affidavit not in substantial...

25 Jan Largest Unclaimed Estate In U.S. History In Turmoil After Court’s Acceptance Of Suspicious Will Of Recluse Multi-Millionaire

Posted at 12:52h in Business, Estate Planning, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Short Term Care, Wills

The battle over the originally unclaimed estate of a recluse multi-millionaire, Joseph Stancak, was turned topsy-turvy when the court admitted a mysterious will (without determining validity of the will) seven years after Stancak’s death. Stancak lived frugally in a modest home. He drove a 28-year-old car,...

22 Jan A Will Contest That Would Make Jerry Springer Smile

Posted at 12:44h in Beneficiary, Divorce, Estate Planning, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Wills

Anna, the niece and the surviving “spouse” of her uncle, attempted to probate his will in which she was the primary beneficiary. Julie, one of the 3 children of the deceased, contests the will since Texas law prohibits marriage to a niece (or to a...

26 Oct Impact Of Divorce On Prior Estate Planning:Automatic Revocation Of All Your Ex’s Who Live In Texas

Posted at 10:17h in 401(k), Beneficiary, Divorce, Estate Planning, Financial Powers of Attorney, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Power of Attorney, Probate Administration, Retirement, Trusts, Wills

What happens if you pass and if you named your spouse as the beneficiary of your Will, trust, life insurance policy, IRA or bank account and you never change the beneficiary after divorce? It depends on the state in which you live. In Texas (and...

25 Oct 10 New Laws That Concern Elders, Estate Planning And Probate

Posted at 10:18h in Asset Protection, Beneficiary, Business, End of Life Care Planning, Estate Planning, Guardianship, Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Public Benefits Protection, Trusts, Wills

Although there are dozens of new laws in Texas, the following (in no particular order) are just some that affect estate planning, probate, guardianship and the elderly. Homesteads Held in Revocable Trusts Need Specific Language to Have Homestead Property Tax Exemption and Homestead Exemption for Creditor...

24 Oct Reasons Why Out-Of-State Estate Planning Documents Should Be Renewed

Posted at 10:23h in Asset Protection, Beneficiary, Business, End of Life Care Planning, Estate Planning, Financial Powers of Attorney, Lady Bird Deed, Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Notarizations, Nursing Home, Power of Attorney, Probate Administration, Public Benefits Protection, Taxes, Trusts, Wills

It is no secret that people are moving to Texas for numerous reasons ranging from less taxes and affordable housing to Texas being more business friendly. As a result, estate planning documents prepared in other states should be reviewed when moving to Texas – even...

02 Oct Fiduciary Felon Fine? Who Said “Crime Doesn’t Pay”?

Posted at 15:36h in Beneficiary, Business, End of Life Care Planning, Estate Planning, Inheritance, Lawsuits, Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Taxes, Wills

As of September 1, 2023, Texas law permits (although not mandatory) a court to approve a convicted felon to serve as an executor of an estate. Prior to that date, the only way a felon could serve as an executor (the one who: (1) gathers...

14 Sep Did Aretha Franklin’s Last Wishes Get R-E-S-P-E-C-T After Will Fight?

Posted at 09:03h in Business, Estate Planning, Guardianship, Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Music, Probate Administration, Taxes, Wills

Aretha Franklin died in 2018 leaving 2 handwritten wills resulting in an expensive legal battle between her children over which will would prevail. In July 2023, a Michigan jury decided her most recent handwritten will (written by her in 2014) found in a spiral notebook...

05 Sep 5 Options of where to Keep Your Will

Posted at 15:26h in Estate Planning, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Notarizations, Probate Administration, Transfer of Death, Wills

Although Aretha Franklin’s last will and testament (found under the cushions of her couch) was recently determined to be valid, this is obviously not the best place to keep your last will since many things could have gone wrong for failing to keep it in...

31 May Are Fake Deeds Fake News? 6 Ways to Protect Against Attempted Theft of Your Property Title

Posted at 11:06h in Estate Planning, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Mortgage, Notarizations, Power of Attorney, Probate Administration, Public Benefits Protection, Social Security, Wills

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...

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