estate planning Tag

07 Sep 4 Strategies in Estate Planning for an Estranged Child – You Can’t Choose Your Family – the Days of Beaver Cleaver Are Over

Posted at 12:29h in Beneficiary, Disability Benefits, Divorce, Estate Planning, Inheritance, Long Term Care, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Transfer of Death, Trusts, Wills

It is not unusual for a parent to become estranged from a child. So, often parents consider different ways to handle their estate planning for the benefit or detriment of the estranged child. Some of the many reasons that I have been told include: (1)...

11 Jul Advantages And Disadvantages Of Community Vs Separate Property In Estate Planning

Posted at 11:04h in Beneficiary, Divorce, Estate Planning, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Mortgage, Probate Administration, Transfer of Death

My wife and I have an equal partnership – as she says, “What is mine is mine, and what is yours we’ll negotiate”. However, notwithstanding the definition of property in your household, Texas has its own laws defining ownership of property. Texas is a community property...

11 Jul It’s Better To Give Than Receive – Or Is It? Considerations By Grandparents Before Gifting

Posted at 10:59h in 529 plan, Disability Benefits, End of Life Care Planning, Estate Planning, Long Term Care, Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Probate Administration, Taxes, Transfer of Death, Trusts, utma

It is not unusual that grandparents want to help pay for a grandchild’s wedding, college or private school education, camp, car or other items which they feel may help a grandchild. However, the following matters should be considered before a grandparent makes a gift to...

11 Jul Success Story Of The Month – Overcoming A Defective Or Less Than Powerful Power Of Attorney

Posted at 10:53h in Beneficiary, End of Life Care Planning, Estate Planning, Financial Powers of Attorney, Lady Bird Deed, Long Term Care, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Mortgage, Notarizations, Nursing Home, Power of Attorney, Probate Administration, Success Story of the Month

What could go wrong when using a general durable power of attorney for an agent to sign a deed (in this case, a Ladybird deed) on behalf of the principal (the one who signed the power of attorney)? Are there additional powers that should be...

03 May Nine Exceptions To Lender Forcing Payment Or Foreclosing On Your Home When You Make A Transfer

Posted at 17:39h in Asset Protection, Beneficiary, Divorce, End of Life Care Planning, Estate Planning, Home Equity, Lady Bird Deed, Long Term Care, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Mortgage, Probate Administration, Public Benefits Protection, Transfer of Death, Trusts

Whenever you borrow from a bank or other lender to purchase residential real estate or borrow against the equity, it is typical that there is a “due-on-sale” clause in your deed of trust or mortgage. This gives the lender the ability to require full payment...

03 May Success Story of the Month – “Where’s The Beef When We Saved Their Bacon?”

Posted at 17:20h in Beneficiary, Business, Dementia, Divorce, End of Life Care Planning, Estate Planning, Guardianship, Long Term Care, Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Nursing Home, Power of Attorney, Probate Administration, Short Term Care, Social Security, Special Needs, Special Needs Trust, Success Story of the Month, Taxes, Transfer of Death, Wills

Who says you can’t save more than the “maximum”? This case illustrates how you can protect more assets than the “maximum” pursuant to long-term care Medicaid rules. FACTS: Wife, 70, has dementia and needs long-term care. She has no long-term care insurance. She receives Social Security of...

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...

13 Apr Avoid “Tales From The Crypt” – Estate Planning With Cryptocurrency

Posted at 15:42h in Disability Benefits, Estate Planning, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Power of Attorney, Probate Administration, Transfer of Death

Cryptocurrency (digital currency such as Bitcoin) is on the rise in the U.S. which causes a need for additional planning not previously contemplated by estate planners. Records are kept by blockchain (not by the government) and purchased on exchanges such as Coinbase. Owners can access their...

15 Mar Five Common Tax Issues In Estate Planning

Posted at 20:42h in Beneficiary, Estate Planning, Inheritance, Medicaid Planning, Probate Administration, Retirement, Social Security, Taxes, Trusts

There are often misconceptions on some basic tax issues in planning (income, gifts, estate, etc.). The following describes some of the common issues where there is a lack of understanding. Trusts do not need a separate tax identification number if you retain enough control Since you retain...

20 Sep HOW TO PROTECT YOUR HOME FOR PARTNER AND BENEFICIARIES THROUGH A LIFE ESTATE

Posted at 14:32h in Beneficiary, End of Life Care Planning, Estate Planning, Inheritance, Lady Bird Deed, Long Term Care, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Mortgage, Probate Administration, Public Benefits Protection, Taxes

Texas law does not provide domestic partners or significant others the same home protection rights as a surviving spouse. If you are married, your surviving spouse has a right to live in the homestead of the deceased spouse for the remainder of the surviving spouse’s...

26 May MARILYN MONROE’S ESTATE PLANNING MISTAKE – MOST GOES TO ACTRESS SHE MAY HAVE NEVER MET

Posted at 20:20h in Asset Protection, Beneficiary, Business, Divorce, Estate Planning, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Miller Trust, Probate Administration

Diamonds may be a girl’s best friend, but actress Anna Strasberg (who some say Monroe never met or only met once) received much more than that from the legendary actress – even though that was probably not Monroe’s intention. Monroe, who died in 1962, left her...

19 Mar WILL HARRY & MEGHAN’S INTERVIEW CREATE A ROYAL MESS OF HER MAJESTY’S ESTATE PLAN – OR JUST A ROYAL PAIN?

Posted at 17:22h in Beneficiary, Charitable Giving, Estate Planning, Inheritance, Long Term Care, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Taxes, Transfer of Death, Trusts

Harry and Meghan’s recent explosive interview by Oprah Winfrey has sent shockwaves to the Royal family. Will this result in a different estate plan for Queen Elizabeth? Although Prince Charles and Prince William were probably already likely to receive a king-sized portion of Her Majesty’s...

15 Feb SUCCESS STORY OF THE MONTH – MAKING A SILK PURSE FROM A SOW’S EAR

Posted at 09:00h in Beneficiary, Disability Benefits, End of Life Care Planning, Estate Planning, Guardianship, Inheritance, Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Special Needs, Special Needs Trust, Success Story of the Month, Transfer of Death

When someone fails to plan for his or her estate, it means that person is letting the state determine how and to whom assets should pass upon death of that individual. It may or may not be distributed the way the deceased wanted and the...

19 Oct SUCCESS STORIES OF THE MONTH – SAVING THE HOME FROM PAYBACK TO GOVERNMENT AFTER LONG-TERM CARE MEDICAID RECIPIENT DIES

Posted at 21:25h in Assisted Living, End of Life Care Planning, Estate Planning, Lady Bird Deed, Long Term Care, Medicaid Application, Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Nursing Home, Probate Administration, Transfer of Death

Most Texans have inadequate income and resources or lack long-term care insurance to pay for the cost of long-term care (such as nursing home and assisted living care or care at home). As a result, they often use long-term care Medicaid to help pay for...

19 Oct EIGHT ESTATE PLANNING ERRORS BY THE RICH AND FAMOUS

Posted at 19:38h in Asset Protection, Beneficiary, Divorce, End of Life Care Planning, Estate Planning, Guardianship, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Public Benefits Protection, Taxes, Trusts

Although you would think the rich and famous would be the last to make estate planning errors, but they make mistakes (from which we can learn) like others. Here are some celebrity estate planning mistakes: No Estate Plan. Famous singers Prince and Aretha Franklin failed to...

11 Aug 16 WAYS TO AVOID GUARDIANSHIP OF THE ESTATE

Posted at 20:29h in Alzheimer’s, Asset Protection, Beneficiary, Disability Benefits, Estate Planning, Guardianship, Long Term Care, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Power of Attorney, Probate Administration, Public Benefits Protection, Social Security, Special Needs, Special Needs Trust, Transfer of Death, Trusts, utma

Guardianship if often an expensive legal process which should be avoided if possible. Thus, planning should be considered as an alternative to guardianship. Guardianship is often needed for an incapacitated person. Texas law defines an “incapacitated person” as: a minoran adult, who because of a physical or mental condition,...

14 Jun LITTLE RICHARD, LITTLE ESTATE? GOOD GOLLY, MISS MOLLY!

Posted at 14:52h in Asset Protection, Business, Estate Planning, Michael Cohen Dallas Elder Lawyer, Music

Although Little Richard recently died, with an estate estimated at $40 Million, it could have been much greater if he had made better business decisions. He sold the rights to his hit song, “Tutti Frutti”, to Specialty Records for $50 plus a half cent for...

16 May THE STAMP OF APPROVAL? 5 COMMON MISTAKES OF NOTARIES

Posted at 16:18h in Estate Planning, Financial Powers of Attorney, Guardianship, Notarizations, Power of Attorney, Probate Administration, Wills

Although you might think something as simple as the act of notarization would rarely result in a problem, careless errors are frequently made. The following are some of the errors we have recently seen or other common errors in connection with notarization: Failure to require personal...

03 Feb SON HOT – SUES OVER DAD’S FROZEN HEAD

Posted at 08:00h in Beneficiary, End of Life Care Planning, Estate Planning, Lawsuits, Wills

“They chopped his head off, burned his body, put it in a box and sent it to my house,” stated Kurt Pilegram who has sued cryogenics firm, Alcor Life Extension Foundation (“Alcor”), for a million dollars for emotional distress for what they did to his...

28 Jan ATTORNEY GENERAL’S ESTATE PLANNING FLAWED

Posted at 09:00h in Beneficiary, Estate Planning, Trusts

Former Attorney General Janet Reno (appointed by President Clinton) created and funded a revocable living trust prior to her death in 2016. She was not married and had no descendants. Her trust had a specific bequest of her mostly underdeveloped four acre ranch home in...