Michael B Cohen's Latest Blogs

Do you desire to take care of “Kitty or Fido” in the event of your death or disability?  For some, the answer is a pet trust so that there is proper care pursuant to the directions to a caregiver as in the trust.  If a pet trust is established, the trustee helps the pet caregiver pay for expenses or pays the caregiver directly if they properly take care of “Kitty” or “Fido” pursuant to your directions as set forth in the trust.

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.

Since long-term care Medicaid (which helps pay for skilled nursing care and medications) is “means-tested” (assets of the applicant are reviewed to determine if there is eligibility for the government to pay), there is a 5-year “look-back” period as there is a presumption resources were purposely reduced so that the government would have to pay. The average cost of care for skilled nursing care in Texas exceeds $7,000 per month. If an uncompensated transfer is made within that look-back period, the applicant is penalized by having to private pay until the transfer penalty expires.

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 parent, grandparent, sibling, nephew, child, uncle, aunt or first cousin) as such marriages would be considered “void”.