Welcome to the February Issue of the

Texas Elder Law E-Letter


Our next free Estate Planning Essentials Workshop will be live on Saturday, February 18, 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).


Michael Cohen told his family they should go someplace warm for their vacation.  Here is where they went!


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


Enacted Bipartisan Bill Encourages Retirement Savings - 10 Key Provisions

Americans, particularly workers with lower earnings, are not saving enough for retirement as many live paycheck to paycheck. As part of the spending bill signed by President Biden on December 29, 2022, there are various incentives ranging from emergency savings options to tax incentives and making the accounts more accessible without penalty.

Bill Passed For ABLE Account Age Adjustment

There is good news for those who are on Supplemental Security Income and Medicaid and who were disabled between ages 26 and 46. As of January 1, 2025, those who were disabled prior to ae 46 can establish an ABLE account and the funds will not count as a resource for Medicaid.




6 Advantages And Disadvantages Of A Will And A Revocable Living Trust


There is much debate among Texas attorneys as to whether it is better to have a Last Will and Testament or a Revocable Living Trust in estate planning. The simple answer is that it depends on the facts, your goals, the type of assets, cost concerns, potential disability issues (of both you and your beneficiaries), if real estate is owned in another state, etc. In fact, sometimes, it is best to have neither! There are numerous types of trusts created for a multitude of reasons that are beyond the scope of this article.




Mental Capacity Differs For Signing Contracts VS Gifts VS Wills


Although most realize you should know what you are doing for it to be valid under law, many are unaware that capacity needed for making a gift, signing a contract and signing a will are different.





15 Ways To Avoid Guardianship Of The Estate


Guardianship is often needed for an incapacitated person, but it is an expensive legal process which should be avoided if possible. Thus, planning should be considered as an alternative to guardianship. Texas law defines an “incapacitated person” as: 1) a minor; 2) an adult, who because of a physical or mental condition, is substantially unable to (a) provide food, clothing or shelter for himself or herself; (b) care for the person’s own physical health; or (c) manage the person’s own financial affairs. Also, a guardian may need to be appointed for a person to receive funds due to that person from a governmental source.


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