probate avoidance - Michael Cohen Dallas Elder Lawyer

19 Jan WHAT ASSETS DO NOT GO THROUGH PROBATE?

Posted at 16:15h in Beneficiary, Estate Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration

Probate is the process of going to court when the deceased owns an asset in his or her individual name so that asset can be collected, evaluated, and distributed to heirs or beneficiaries after the payment of the debts and taxes of the deceased has...

05 May 5 REQUIRED GOVERNMENT REIMBURSEMENT PROVISIONS IN ADDITION TO PROBATE

Posted at 14:52h in Estate Planning, Medicaid Planning, Miller Trust, Public Benefits Protection

There are numerous Medicaid programs that require a pay-back of governmental benefits advanced after the death of the Medicaid recipient. This is most common is if the will of the deceased is probated or under the laws of intestacy (when the Medicaid recipient doesn’t have...

17 Feb Are Mobile Homes a Stepchild in Beneficiary Designations?

Posted at 10:17h in Beneficiary, Estate Planning, Lady Bird Deed, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Public Benefits Protection, Transfer of Death, Trusts, Wills

It is often the goal of many to simply avoid probate even though it is often best to have a Will or Trust to consider protection for the beneficiary. Financial accounts can be established with a beneficiary designation to avoid probate. Real estate can be...

01 Jan Decision Tree Chart on Ladybird Deeds vs. Transfer on Death Deeds

Posted at 09:40h in Asset Protection, Beneficiary, End of Life Care Planning, Estate Planning, Home Equity, Lady Bird Deed, Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Mortgage, Power of Attorney, Probate Administration, Public Benefits Protection, Special Needs, Special Needs Trust, Taxes, Transfer of Death, Trusts

Decision Tree Chart on Ladybird Deeds vs. Transfer on Death Deeds Many ask the question on the differences between an Enhanced Life Estate (Ladybird) Deed and a Transfer on Death Deed since both avoid probate. In other words, the grantee/beneficiary of the deed would simply either...