mental capacity - Michael Cohen Dallas Elder Lawyer

21 May Deathbed Incomplete Beneficiary Designation Form Determined Valid Benefitting Ex-Spouse Instead of Spouse

Posted at 15:46h in Beneficiary, Estate Planning, Long Term Care, Michael Cohen Dallas Elder Lawyer, Wills

A Federal Court of Appeals recently ruled that a failure to complete the entire beneficiary designation form did not invalidate the designation since it was in writing, signed, witnessed and received by the proper office before his death. Gary Herbert (“Gary”) and Kathleen (“Kathleen”) Herbert were...

16 Jun FATHER ATTEMPTS TOTAL PICK OF “AMERICAN PICKERS” STAR’S ESTATE BY WILL CHALLENGE

Posted at 14:46h in Estate Planning, Guardianship, Last Will and Testament, Wills

The last will and testament of Frank Fritz (who was a star on the popular television show “American Pickers” on the History Channel) has been challenged by his father, Bill Fritz, due to lack of capacity. Frank was a co-host on the show (where he and...

04 Mar Jay Leno’s Lack Of Estate Planning Results In Seeking Conservatorship Over Wife Will His Car Collection Crash?

Posted at 13:47h in Alzheimer’s, Asset Protection, Charitable Giving, Dementia, Estate Planning, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Public Benefits Protection, Taxes

Jay Leno has filed a petition in a California court to seek conservatorship over his wife, Mavis, who is believed to have Alzheimer’s Disease or some other form of dementia. Leno is seeking conservatorship since Mavis no longer has sufficient mental capacity to do an...

31 Jan Mental Capacity Differs For Signing Contracts VS Gifts VS Wills

Posted at 10:21h in Business, End of Life Care Planning, Estate Planning, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Power of Attorney, Probate Administration, Special Needs, Transfer of Death, Wills

Although most realize you should know what you are doing for it to be valid under law, many are unaware that capacity needed for making a gift, signing a contract and signing a will are different. The mental capacity needed for signing a valid will...