Welcome to the January Issue of the

Texas Elder Law E-Letter


Wishing you a new year filled with peace, good health, and happiness.


Our next free Estate Planning Essentials Workshop (our first of the new year) will be live. Registration for our next workshop (which will be Tuesday, January 24, 2023 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).



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



How Much Respect Will Same-Sex Marriages Be Given Under The Respect For Marriage Act?


Last month President Biden signed into law the Respect for Marriage Act that achieved bipartisan support. The law gives protection of federal benefits to same-sex legally married couples who move to another state where the laws do not recognize same-sex marriage.






Can You Transfer Real Estate After Death Without Probate? Pros And Cons Of Affidavits Of Heirship


It is not unusual that the major asset upon death is a person’s home. Whether or not the deceased had a will, it is often desired that probate be avoided. If the deceased dies without a will, the process of determining who are the heirs and to whom property should be transferred after the payment of debts and who has the authority to pay all bills and distribute the property to the heirs can be made by a court.





Home Sweet Home – Equity Limit Increased For 2023 Announced


As of January 1, 2023, the homestead equity limit for a Medicaid applicant who is not married and who either applies for the nursing home Medicaid program or “waiver” home care Medicaid program will increase to $688,000 ($636,000 in year 2022). Thus, if the home equity (the difference between the appraised value and any debts owed secured by the home) limit is less than that, it is a non-countable resource in determining Medicaid eligibility (which is means-tested). As a result, the vast majority of Texans who have a home and apply for one of those Medicaid programs will not have their home count as a resource. There is an unlimited equity limit if the Medicaid recipient is married (so even a home with an equity of $800,000 would not count as a resource if married).



Veterans Benefits Increase Announced As A Result Of COLA

The Department of Veteran Affairs (VA) has announced in December its 2023 rate increases for certain non-serviced connected disability wartime military veterans, not dishonorably discharged or the surviving spouse of the veteran to help pay for care costs ranging from being housebound to long-term care costs. However, since these benefits are paid one month in arrears, the first increased payment should not be received until January. The maximum net worth (exclusive of certain non-countable resources such as the homestead assuming the homestead is not more than two acres although some exceptions apply) is $150,538 for year 2023 for eligibility for this improved pension program.
Michael B Cohen's
Latest Podcasts

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