Welcome to the August Issue of the
Texas Elder Law E-Letter


Our next free Estate Planning Essentials Workshop will again be live. Registration for our next live workshop (which will be Thursday, August 18, 2022 from 10:00 a.m. until noon) can be made by calling us at (214) 720-0102 or signing up online at www.dallaselderlawyer.com.


Attendees often ask questions about estate planning, probate, Medicaid and Veterans benefits. We proceed to answer the questions over the course of the workshop (although there will be a presentation also).


We have added a link to our website www.dallaselderlawyer.com from the Veterans Administration allowing you to ask questions about VA services and benefits.


We are pleased to announce that Michael B. Cohen has been named as Chair of the Alzheimer’s Association’s Greater Dallas and Northeast Texas Chapter. We are very grateful to KAAM radio, Don Crawford, Jr. and the Percy Fund for an extremely generous contribution to our walk team.  We hope you will join our Walk Team, Michael’s Marchers, for the Walk to End Alzheimer’s by clicking here.


Also, Michael B. Cohen will be speaking to the Texas Society of CPAs on the topic of “Medicaid Myths and Different Types of Trusts in Public Benefits Planning,” on August 23, 2022.


Please note that Michael B. Cohen’s radio show on estate planning and elder law can be heard on KAAM (770 AM) on Mondays and Tuesdays at 1:00 p.m. and Saturday at 10:00 a.m. Prior shows (topics are categorized) can be heard as podcasts on SoundCloud and as indicated on our website www.dallaselderlawyer.com. Our podcasts can also be heard on Spotify and Apple Podcasts. Subscribe to be notified of future releases. 



Michael B Cohen's Latest Blogs


10 Same-Sex Marital Rights That Could Be Lost After Scotus Roe Ruling

Although the recent ruling by the Supreme Court of the US (“SCOTUS”) that there was no constitutional right to an abortion (and the case only dealt with abortion), Justice Clarence Thomas indicated in his decision that the constitutionality of same-sex marriage should also be reconsidered based on how rights got expanded by prior SCOTUS rulings.




Can Transfer On Death Deeds Be Fatal? 12 Problems With Transfer On Death Deeds


Transfer on Death Deeds (TODDs) are a simple tool to pass real estate after your death to avoid probate or an heirship determination. You can change your mind and cancel the deed. You can even name contingent beneficiaries. TODDs have no adverse tax consequences, do not trigger a due-on-sale clause in a mortgage or deed of trust (where a lender can call a note if there is a transfer of property without the lender’s consent) and even (in Texas) avoid a successful claim by the state against a homestead for Medicaid estate recovery for Medicaid benefits advanced (i.e., nursing home and drug costs, etc.). 






Should You Name A Trust As A Beneficiary Of A Retirement Account?


Prior to the passage of the SECURE ACT, trusts named as a beneficiary of a retirement account could be prepared to stretch distributions (for tax-deferred growth) over the lifetime of the designated beneficiary. However, unless the beneficiary is either (1) a spouse; (2) someone less than 10 years younger than the retirement account owner; (3) a child of the retirement account owner who is under the age of majority; (4) disabled; or (5) chronically ill, then the beneficiary must distribute the retirement account within 10 years after the death of the retirement account owner.




Where There Is A Will, A Beneficiary May Want To Be Named In It Per Stirpes Vs. Per Capita – Who Gets My Estate If A Beneficiary Predeceases Me?


In drafting a will or a trust or in making a beneficiary designation, one of the most common questions that should be asked is “who would be entitled the share of my estate if a beneficiary predeceases me?” When you do not want to name an individual or individuals or a charity or a religious institution as a contingent beneficiary in the event a named beneficiary predeceases you, then it is common to use the legal term “per stirpes” or “per capita” to describe the testator’s (the one who establishes a last will and testament) or trustor’s (the one who establishes a trust) intent to how assets are divided or distributed.


Michael B Cohen's
Latest Podcasts

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