estate planning Tag

05 Sep Casey Kasem’s Widow’s Response to His Children – “Over My Dead Body Will You Move Your Father’s Dead Body”

Posted at 16:01h in Dementia, Divorce, Elder Justice, End of Life Care Planning, Estate Planning, Guardianship, Lawsuits, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration

Casey Kasem, known for radio’s “Top 40 Countdown”, died in 2014, but the war over where he should be buried between the children of his first marriage and his widow is ongoing. After years of legal battles over elder abuse, wrongful death, guardianship and end of...

02 Jul Michael Jackson’s children tell grandmother to “beat it” in estate legal battle

Posted at 11:05h in Beneficiary, Business, Estate Planning, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Music, Probate Administration, Taxes

The children of Michael Jackson (Paris, Prince and Bigi) are no longer talking with their grandmother, Katherine Jackson, as a result of her request for Jackson’s estate to pay her legal fees of over $500,000 when she unsuccessfully challenged the sale of the rights to...

07 May TILL DEATH DO US PART – WILL O.J.’S ESTATE PAY?

Posted at 14:27h in Asset Protection, Estate Planning, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Mortgage, Probate Administration, Public Benefits Protection, Transfer of Death, Trusts

Although O.J. Simpson was acquitted in what may have been the murder trial of the century in connection with the death of his ex-wife Nicole Brown Simpson and her friend, Ronald Goldman, a California civil jury determined he was liable for $33.5 million dollars (which...

26 Mar He Who Laughs Last, Laughs Best – 20 Of The Funniest (And Strangest) Will Provisions

Posted at 13:21h in Beneficiary, Estate Planning, Inheritance, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Miller Trust, Probate Administration, Wills

“Life is worth living as long as there’s a laugh in it” was stated in the book “Anne of Green Gables”. There can even be laughter at death as some of the following will provisions illustrate. There are also weird bequests some of which are...

05 Mar George Carlin’s Estate Sues Since AI Fake Comedy Was No Laughing Matter

Posted at 13:52h in Estate Planning, Lawsuits, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Music, Probate Administration

The Estate of George Carlin (the Estate) is suing an alleged state-of-the-art entertainment AI (artificial intelligence) company called Dudesy, LLC and its comedians, Will Sasso and Chad Kultgen, and others for the use of Carlin’s voice and sense of humor using AI without the consent...

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

Posted at 10:17h in 401(k), Beneficiary, Divorce, Estate Planning, Financial Powers of Attorney, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Power of Attorney, Probate Administration, Retirement, Trusts, Wills

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. In Texas (and...

25 Oct 10 New Laws That Concern Elders, Estate Planning And Probate

Posted at 10:18h in Asset Protection, Beneficiary, Business, End of Life Care Planning, Estate Planning, Guardianship, Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Public Benefits Protection, Trusts, Wills

Although there are dozens of new laws in Texas, the following (in no particular order) are just some that affect estate planning, probate, guardianship and the elderly. Homesteads Held in Revocable Trusts Need Specific Language to Have Homestead Property Tax Exemption and Homestead Exemption for Creditor...

05 Oct When Are Rumors Of A Missing Person’s Death No Longer Greatly Exaggerated In Probate?

Posted at 11:25h in Estate Planning, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration

Where there is a will there is a way (and even if there is no will, there is a way – it’s just more costly). The probate process is designed so that an executor or administrator can pay the debts of the deceased and distribute the...

14 Sep Did Aretha Franklin’s Last Wishes Get R-E-S-P-E-C-T After Will Fight?

Posted at 09:03h in Business, Estate Planning, Guardianship, Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Music, Probate Administration, Taxes, Wills

Aretha Franklin died in 2018 leaving 2 handwritten wills resulting in an expensive legal battle between her children over which will would prevail. In July 2023, a Michigan jury decided her most recent handwritten will (written by her in 2014) found in a spiral notebook...

02 Aug 5 Ways To Plan Your Estate For A Child With A Drug Issue

Posted at 13:57h in Asset Protection, Beneficiary, Charitable Giving, Divorce, Estate Planning, Inheritance, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Public Benefits Protection, Trusts

The opioid crisis is real. Fentanyl is in the news seemingly on a daily basis. Drug and alcohol addiction of a family member or relative is an issue often discussed in estate planning. A beneficiary with an addiction who receives assets outright will often simply...

27 Jul Norman Rockwell Donee Descendant Claims Art Treasure Hidden In Plain Sight – The White House!

Posted at 13:41h in Beneficiary, Estate Planning, Inheritance, Lawsuits, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration

The ownership of a series of sketches (worth many millions of dollars) entitled “So you want to see the President” by famed American artist Norman Rockwell, that was originally published in the Saturday Evening Post, has resulted in an estate battle approximately 75-80 years after...

04 Jul Success Story Of The Month: 96-year-old Gambles $ On Medicaid Planning And Wins

Posted at 09:54h in Beneficiary, End of Life Care Planning, Estate Planning, Long Term Care, Medicaid Application, Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Nursing Home, Probate Administration, Quality of Life, Social Security, Special Needs, Special Needs Trust, Success Story of the Month

Although it is normally not recommended that a 96-year-old buy any type of annuity, the facts below illustrate how a 96-year-old was willing to bet his money on a plan that included the purchase of a Medicaid-compliant annuity that saved him $6000 a month for...

03 Jul When Is a Revocable Living Trust the Best Estate Planning Option in Texas

Posted at 09:47h in Beneficiary, Business, Disability Benefits, Estate Planning, Financial Powers of Attorney, Guardianship, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Mortgage, Notarizations, Power of Attorney, Probate Administration, Retirement, Transfer of Death, Trusts

Texas estate planning attorneys often disagree about what is the best option in estate planning. Sometimes it is best to have a will to transfer your assets and pay your debts after death. Sometimes it is best to have an irrevocable trust for numerous reasons....

04 May Ethical Wills: Passing Your History, Experiences And Hopes From Generation To Generation – 30 Questions To Tell Your Story

Posted at 13:17h in End of Life Care Planning, Estate Planning, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Quality of Life, Wills

Perhaps the most important will to be written is neither a last will and testament (which determines who is to receive your assets, when it is received and how it is received) nor a living will (an end-of-life directive describing whether you are to be...

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...

31 Jan Enacted Bipartisan Bill Encourages Retirement Savings – 10 Key Provisions

Posted at 10:31h in 401(k), Estate Planning, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Retirement, Taxes

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...

31 Jan 15 Ways To Avoid Guardianship Of The Estate

Posted at 10:28h in Beneficiary, Disability Benefits, Estate Planning, Guardianship, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Power of Attorney, Probate Administration, Social Security, Special Needs, Special Needs Trust, Transfer of Death, Trusts, utma

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...

05 Dec 13 Common Mistakes Of Executors

Posted at 12:36h in Asset Protection, Beneficiary, Disability Benefits, Estate Planning, Inheritance, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Public Benefits Protection, Retirement, Taxes, Transfer of Death, Wills

The executor named in a will is the fiduciary who is responsible for (1) collecting the assets that pass by probate; (2) paying the debts, taxes, expenses and fees of the estate; and (3) distributing the assets in accordance with the terms of the will....

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...

03 Oct No Capacity, No Medical Power Of Attorney – No Problem?

Posted at 10:34h in Elder Justice, Estate Planning, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home, Power of Attorney, Probate Administration

A medical power of attorney should be part of even the most basic estate planning documents that every adult (assuming mental capacity) should have. This is a document whereby you chose whom you want to act as your agent and any alternate if you lack...