executor Tag

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...

28 Feb 15 Will Drafting Mistakes For Texas Wills

Posted at 13:36h in Beneficiary, Charitable Giving, Estate Planning, Guardianship, Inheritance, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Notarizations, Power of Attorney, Probate Administration, Trusts, Wills

Whether a will is drafted by an attorney or not, there are often mistakes that should be avoided including, but not limited to, the following: Choosing a beneficiary as a witness -This could result in disinheritance of that witness under Texas law. Self-proving affidavit not in substantial...

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...

02 Oct Fiduciary Felon Fine? Who Said “Crime Doesn’t Pay”?

Posted at 15:36h in Beneficiary, Business, End of Life Care Planning, Estate Planning, Inheritance, Lawsuits, Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Taxes, Wills

As of September 1, 2023, Texas law permits (although not mandatory) a court to approve a convicted felon to serve as an executor of an estate. Prior to that date, the only way a felon could serve as an executor (the one who: (1) gathers...

09 Mar Elvis and Lisa Marie Presley’s Estate Planning Mistakes – Should They Have Had “Suspicious Minds” So Their Estates Wouldn’t Be “all Shook Up”?

Posted at 11:21h in Business, Divorce, Estate Planning, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Mortgage, Music, Probate Administration, Taxes, Trusts

Elvis Presley, the King of Rock n’ Roll, trusted his manager and promoter, Colonel Tom Parker. Maybe he shouldn’t have. Elvis named his trustworthy father (Vernon) who was in poor health and elderly as the executor (without an alternate) of his will. That was a...

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....

15 Feb Seven Situations When Your Named Executor Cannot Be Your Executor

Posted at 22:22h in Business, Estate Planning, Guardianship, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration

Many think that by simply naming an executor in their Will that the court will honor your selection to serve as executor for gathering assets, paying debts of the deceased, administering the estate, etc.However, the Texas Estates Code provides several situations whereby a person is...

15 Feb 20 Biggest Errors Made By Executors

Posted at 22:02h in Beneficiary, Estate Planning, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Retirement, Transfer of Death, Wills

As the famous late N.Y. Yankee, Yogi Berra, once said “We made too many wrong mistakes.” Executors make many “wrong mistakes.” It may be an honor to be named as an executor in someone’s Will, but there are many pitfalls and errors that an executor...

20 Sep THE TEXAS TWO-STEP (PART 2): HOW MUCH CAN AN EXECUTOR BE PAID?

Posted at 13:50h in Business, Elder Justice, End of Life Care Planning, Estate Planning, Long Term Care, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Taxes, Wills

A common question by someone who has been appointed as an executor of a Will after the Will has been probated (the process where it is determined the decedent’s Will is valid) is “What can I charge for acting as Executor?” After all, it often...