estate planning Tag

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...

10 Dec “KNIVES OUT” CUTS TO CORE OF CERTAIN ESTATE PLANNING BASICS

Posted at 15:51h in Beneficiary, Dementia, Estate Planning, Long Term Care, Short Term Care, Transfer of Death

The recent popular murder mystery movie “Knives Out” delves into several key estate planning topics (such as Will contests and undue influence) during this whodunnit thriller. In the movie, a wealthy man changes his Will shortly before he was murdered. Since his family members feel jilted,...

25 Nov HOME SWEET HOME – MEDICAID HOMESTEAD EQUITY (MAXIMUM VALUE) LIMIT INCREASED TO $595,000 FOR 2020

Posted at 16:27h in End of Life Care Planning, Estate Planning, Home Equity, Lady Bird Deed, Medicaid Application, Medicaid Planning, Mortgage, Nursing Home, Transfer of Death

As of January 1, 2020, the equity limit for a homestead applicant (who is single) for either the nursing home Medicaid program or “waiver” home care Medicaid program has increased to $595,000. Thus, if the home equity (the difference between the appraised value and any...

16 Nov WHERE THERE IS NO WILL, THERE IS A WAY (SOMETIMES) – SMALL ESTATES AFFIDAVITS

Posted at 10:00h in Asset Protection, Beneficiary, Estate Planning, Notarizations, Probate Administration, Public Benefits Protection, Transfer of Death, Trusts, Wills

Texans who die with modest means may be able to have their property transferred if they have no Will and if certain other requirements are met. One of the main reasons for having a Will or a Trust is to transfer property of the deceased...

09 Oct FIVE MISCONCEPTIONS ON ESTATE PLANNING

Posted at 09:00h in Asset Protection, Beneficiary, Disability Benefits, Divorce, End of Life Care Planning, Estate Planning, Guardianship, Long Term Care, Power of Attorney, Probate Administration, Quality of Life, Retirement

Estate planning is not simply protecting your assets or having a Will and a power of attorney. It is a plan whereby you are in control of your assets during your lifetime when you are well and to protect you if you should become disabled...

28 Aug SUCCESS STORY OF THE MONTH – WIDOW PROBATES HUSBAND’S WILL SEVEN YEARS AFTER HIS DEATH TO GET FULL TITLE TO HOME

Posted at 09:00h in Beneficiary, Estate Planning, Inheritance, Probate Administration, Success Story of the Month, Wills

Many people incorrectly assume that the surviving spouse will always get full title to their homestead that was bought together after the first spouse dies. In this case, the husband, who had two children from a prior relationship and four children born of his marriage...