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28 Nov Life Estates In Texas – Until Death Do I Part

Posted at 17:53h in Beneficiary, Estate Planning, Lady Bird Deed, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Mortgage, Probate Administration, Taxes, Transfer of Death

A life estate is an interest in real estate whereby the grantor of the deed (the life tenant) retains the exclusive (no one else has right without permission) right to occupy and use the real estate (often a homestead) for life. The deed would indicate...

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...

20 Sep ONE GOOD DEED DESERVES ANOTHER – LADYBIRD DEED VS TRANSFER ON DEATH DEED – WHICH IS BETTER?

Posted at 13:58h in Beneficiary, Disability Benefits, End of Life Care Planning, Estate Planning, Lady Bird Deed, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Mortgage, Power of Attorney, Probate Administration, Public Benefits Protection, Taxes, Transfer of Death, Trusts

There are numerous ways real estate can be transferred to avoid probate (which is also a way to avoid a successful Medicaid estate recovery claim in Texas), but which way is best will depend on the circumstances. The most common choices are either a transfer...

06 May ‘TIL DEATH DO US PART – MARRIAGE CAN BE VOIDED AFTER DEATH

Posted at 16:13h in Beneficiary, Divorce, End of Life Care Planning, Estate Planning, Quality of Life, Wills

Under Texas law, a surviving spouse has a life estate in the homestead of their deceased souse (see our article entitled “Surviving Spouse Homestead Rights – I Never Want to Fall in Love Again” by clicking here). A life estate gives the surviving spouse the right...