Welcome to the December Issue of the
Texas Elder Law E-Letter
The next Estate Planning Essentials Workshops will be Thursday, December 14, 2023 at 10:00 a.m. until noon.  Registration 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 want to thank those who joined or donated to our Walk Team, Michael’s

Marchers, for the Walk to End Alzheimer’s (which was held on Saturday, November 4, 2023).  You are making a difference.  If you would like to donate to our Walk Team, Michael’s Marchers, click here.


Michael B. Cohen spoke to The Widow’s Journey, a non-profit organization, on Tuesday, November 14, 2023.  The topic of discussion was “15 Benefits for Surviving Spouses in Texas”.  You can read the full article below.


Mr. Cohen also was a guest on a podcast and video (on YouTube) of the North Texas Wealth Management Group on November 16, 2023, discussing options for long-term care including public benefit options.  If interested in viewing, click here.


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





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


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.






15 Benefits To Surviving Spouses In Texas


Surviving spouses are entitled to numerous rights under federal and Texas laws. The following are just a few of the many that widows and widowers should be aware.






Life Estates In Texas – Until Death Do I Part


A life estate is an interest in real estate whereby the grantor of the deed (the life tenant) retains the exclusive (no one else has right without permission) right to occupy and use the real estate (often a homestead) for life. The deed would indicate that the grantor/life tenant retains a life estate. The grantee of the real estate (the remainderman) takes possession at the death of the grantor (life tenant).




15 Common Mistakes When Completing A Nursing Home Medicaid Application Or Planning For Eligibility


The cost of long-term care is great (average is around $7,500/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 or applicant has submitted an application and made a costly error that could result in ineligibility (resulting in financial responsibility ranging from the difference between the applicant’s income and the private pay rate to as much as the full monthly private pay rate plus drug costs for each month of ineligibility).




Maximum Resource Limits For Spousal Medicaid In 2024 (How To Keep More For The Well Spouse If Ill Spouse Needs To Go Into Nursing Home)


As we live longer, there is a greater likelihood of disability and the need for long-term care. However, most Americans have inadequate resources or income for such care and also lack long-term care insurance or similar insurance products. As a result, some elderly and disabled seek public benefits (such as Medicaid) to help defray such cost.




2024 Long Term Care Medicaid Income Cap Increase – When And How To Use A Miller Trust


Applicants for long-term care and Star+ Medicaid must be below an income cap as one of the requirements for eligibility. If the applicant’s income exceeds the income limit of $2,829 (as of January 1, 2024), the eligibility solution for this particular requirement is the creation of a Qualified Income Trust (QIT) formerly known as a Miller Trust. Texas follows the “name on the check” rule in determining income.


Michael B Cohen's
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