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05 Jul Hot Powers In Power Of Attorney – You Can Get Burned With Or Without

Posted at 09:59h in Beneficiary, Disability Benefits, End of Life Care Planning, Estate Planning, Financial Powers of Attorney, Guardianship, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home, Power of Attorney, Probate Administration, Retirement, Trusts

Many think if they have a statutory durable financial power of attorney in Texas that the agent can do anything he or she desires since the document gives broad powers. However, there are some additional powers beyond those listed in the statutory form that create...

08 May Additional Steps For Probating A Copy Of A Lost Will In Texas

Posted at 13:26h in Beneficiary, Dementia, Estate Planning, Guardianship, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Wills

The process for court approval (probate) of an original will is generally not difficult in Texas presuming the will was properly drafted and that there was no contest to its validity. However, if the original of the signed will cannot be located, it is more problematic...

03 May “Great Balls Of Fire” – Jerry Lee Lewis’ Son Fumes As Cousins Evict Him From Dad’s Ranch

Posted at 13:06h in Beneficiary, Estate Planning, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Music, Probate Administration, Taxes, Transfer of Death, Wills

The late legendary rock & roll star Jerry Lee Lewis bought 2/3 of a 30-acre Mississippi ranch almost 50 years ago. Not only did Jerry Lee Lewis live there until his death on October 28, 2022, so did his son, Jerry Lee Lewis, III (Lee)...

13 Apr 7 Ways To Set Up An Account In Texas – Your Beneficiary May Not Be As You Intended

Posted at 12:47h in Beneficiary, Estate Planning, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Transfer of Death, Trusts

There is often confusion as to who is the beneficiary of a bank account when an owner of the account dies. The type of account selected on a signature card determines how the account passes at death. Texas has a law on the seven (7) types...

07 Mar Will Charles Manson’s Helter-skelter Estate Battle Be Coming to a Dead End?

Posted at 11:02h in Beneficiary, Divorce, End of Life Care Planning, Estate Planning, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration

The battle over the estate of notorious murderer Charles Manson (who died in 2017) may soon be finally coming closer to a conclusion. However, it is likely that the hearing (set for later this month) will only get one step closer to finalization. Three people...

03 Nov Effect Of Divorce On Wills, Trusts, Beneficiary Designations And Other Estate Planning

Posted at 11:53h in Beneficiary, Disability Benefits, Divorce, End of Life Care Planning, Estate Planning, Guardianship, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Power of Attorney, Probate Administration, Retirement, Trusts, Wills

It is not unusual for married couples to have a will or trust, joint accounts and/or beneficiary designations whereby the spouse is a beneficiary and/or is a fiduciary (i.e., executor, trustee, agent under power of attorney, etc.). However, if the couple divorces, the fiduciary relationship...

20 Aug 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?

Posted at 16:26h in Beneficiary, Charitable Giving, Estate Planning, Inheritance, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Wills

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...

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

Posted at 16:08h in Beneficiary, Divorce, Estate Planning, Lady Bird Deed, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Mortgage, Nursing Home, Power of Attorney, Probate Administration, Transfer of Death

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...

13 Apr What Do Jerry Jones, Charley Pride And Charles Manson Have In Common?

Posted at 16:03h in Asset Protection, Beneficiary, Divorce, End of Life Care Planning, Estate Planning, Inheritance, Lawsuits, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Public Benefits Protection, Retirement

Last month a lawsuit was filed against Jerry Jones to determine if Jones is the father of a child (Alexandra Davis) who was not born of Jones’ marriage to his wife. Last year a will contest was filed against the Estate of Charley Pride by a...

15 Mar Eight Circumstances To Leave Assets In A Trust For Your Beneficiary

Posted at 21:00h in Asset Protection, Beneficiary, Charitable Giving, Divorce, End of Life Care Planning, Estate Planning, Guardianship, Inheritance, Long Term Care, Medicaid Planning, Probate Administration, Public Benefits Protection, Taxes, Trusts, Wills

Instead of your beneficiary inheriting outright, below are eight situations whereby you may want a trust for various protection: If your beneficiary is a minor or too immature to handle assets If your beneficiary is a minor, then the beneficiary (as a matter of law) cannot make...

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