will Tag

04 Jul Two copies of gene found to be underlying cause in Alzheimer’s Disease – are you Destiny’s Child?

Posted at 11:17h in Alzheimer’s, Asset Protection, Beneficiary, Dementia, End of Life Care Planning, Estate Planning, Guardianship, Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home, Power of Attorney, Probate Administration, Public Benefits Protection

Researchers have found that people with 2 copies of the APOE4 gene is more than a risk factor – it is now considered an underlying cause of Alzheimer’s Disease. Prior to the research’s finding published in May, scientists knew the gene APOE4 increased risk. Although...

01 Jul Conflicting testimony as to common law marriage results in child inheritance of estate

Posted at 11:02h in Beneficiary, Elder Justice, Estate Planning, Inheritance, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Social Security

If you don’t have a will or beneficiary designation of assets, inheritance is determined by state law which is called intestate succession. If the deceased was married at the time of death but has no will, then a surviving spouse will have some inheritance rights...

08 Apr What Makes A Will Valid? Where There Is A Will, There Is A Way

Posted at 11:46h in Estate Planning, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Notarizations, Probate Administration, Wills

Is a photocopied form signed by the testator (the one who makes the will), before 2 witnesses a valid will? What if the will is only initialed by the testator? What if the testator signs with an “X”? What if the will was signed by...

02 Apr 15 Tips On Estate Planning From A Texas Elder Law Attorney’s Perspective

Posted at 15:06h in 529 plan, Asset Protection, Beneficiary, Disability Benefits, End of Life Care Planning, Estate Planning, Guardianship, Inheritance, Lady Bird Deed, Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home, Power of Attorney, Probate Administration, Public Benefits Protection, Retirement, Special Needs, Special Needs Trust, Transfer of Death, Trusts, utma, Veterans

Although planning for disability and death should always be considered in estate planning, the potential need for public benefits or loss of valuable public benefits (such as Medicaid or Veterans’ benefits) should not be overlooked. The following are a few examples of what planning options...

29 Mar Options To Consider When Planning For A Minor Who Is A Beneficiary

Posted at 13:32h in 529 plan, Beneficiary, End of Life Care Planning, Estate Planning, Guardianship, Inheritance, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Taxes, Trusts, utma, Wills

It is very common for a minor to be named as a beneficiary of a will or trust. However, since a minor is presumed to lack capacity under law until reaching the age of majority, different planning options should be considered. Even when a child...

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...

25 Jan Largest Unclaimed Estate In U.S. History In Turmoil After Court’s Acceptance Of Suspicious Will Of Recluse Multi-Millionaire

Posted at 12:52h in Business, Estate Planning, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Short Term Care, Wills

The battle over the originally unclaimed estate of a recluse multi-millionaire, Joseph Stancak, was turned topsy-turvy when the court admitted a mysterious will (without determining validity of the will) seven years after Stancak’s death. Stancak lived frugally in a modest home. He drove a 28-year-old car,...

28 Dec Success Story Of The Month: The Powerful Power Of Attorney

Posted at 12:34h in Asset Protection, Estate Planning, Financial Powers of Attorney, Guardianship, Lawsuits, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Power of Attorney, Probate Administration, Public Benefits Protection, Success Story of the Month, Transfer of Death, Trusts

Client created a basic estate plan including a will, financial power of attorney, medical power of attorney, directive to physicians a/k/a living will, HIPPA authorization and declaration of guardian in the event of later incompetence. The client gave extra powers to the agent in 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...

05 Sep 5 Options of where to Keep Your Will

Posted at 15:26h in Estate Planning, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Notarizations, Probate Administration, Transfer of Death, Wills

Although Aretha Franklin’s last will and testament (found under the cushions of her couch) was recently determined to be valid, this is obviously not the best place to keep your last will since many things could have gone wrong for failing to keep it in...

07 Mar Will Charles Manson’s Helter-skelter Estate Battle Be Coming to a Dead End?

Posted at 11:02h in Beneficiary, Divorce, End of Life Care Planning, Estate Planning, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration

The battle over the estate of notorious murderer Charles Manson (who died in 2017) may soon be finally coming closer to a conclusion. However, it is likely that the hearing (set for later this month) will only get one step closer to finalization. Three people...

31 Jan 6 Advantages And Disadvantages Of A Will And A Revocable Living Trust

Posted at 10:24h in Asset Protection, Beneficiary, Business, Disability Benefits, End of Life Care Planning, Estate Planning, Financial Powers of Attorney, Guardianship, Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Notarizations, Nursing Home, Power of Attorney, Probate Administration, Public Benefits Protection, Retirement, Special Needs, Special Needs Trust, Transfer of Death, Trusts, Wills

There is much debate among Texas attorneys as to whether it is better to have a Last Will and Testament or a Revocable Living Trust in estate planning. The simple answer is that it depends on the facts, your goals, the type of assets, cost...

03 Nov Legal Anatomy: Simple Wills Could Lead To Big Problems

Posted at 11:49h in Beneficiary, Divorce, Estate Planning, Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Power of Attorney, Probate Administration, Retirement, Special Needs, Special Needs Trust, Transfer of Death, Trusts, Wills

Although simple wills are sometimes adequate, planning for the worst-case scenario is the general perspective of the estate planning attorney. You don’t have to be wealthy to need estate planning. The following are facts of a case and solutions from the perspective of the estate...

07 Sep 8 Myths About Wills After the Testator Dies

Posted at 12:36h in Beneficiary, Estate Planning, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Retirement, Transfer of Death, Wills

Many do not know about probate. There is much confusion as the process varies from state to state. The following explains 8 myths about probate. Myth No. 1: If you have a will, the court must always approve the will through probate. Wills do not always have...

11 Nov ADVANTAGES AND DISADVANTAGES OF A WILL AND A REVOCABLE LIVING TRUST FROM AN ELDER LAW ATTORNEY’S PERSPECTIVE

Posted at 21:38h in Asset Protection, Beneficiary, Business, Disability Benefits, End of Life Care Planning, Estate Planning, Financial Powers of Attorney, Guardianship, Long Term Care, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Notarizations, Nursing Home, Power of Attorney, Probate Administration, Public Benefits Protection, Retirement, Special Needs, Special Needs Trust, Transfer of Death, Trusts, Wills

There is much debate among Texas attorneys as to whether it is better to have a Last Will and Testament or a Revocable Living Trust to transfer assets at death under the terms and conditions you desire. The simple answer is that it depends on...

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...

18 Aug VERDICT ON JUDGE’S TRUST: YOU CAN’T ALWAYS GET WHAT YOU WANT

Posted at 23:47h in Beneficiary, Divorce, End of Life Care Planning, Estate Planning, Inheritance, Lawsuits, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Trusts, Wills

Although conditional bequests in a will or trust are normally upheld to give freedom that your assets pass the way you want at your death, sometimes conditional provisions are held to be either unconstitutional or void against public policy. The request for a new trial of a death row...

17 Jun IS THE HANDWRITING ON THE WALL A VALID WILL?

Posted at 16:04h in Beneficiary, Estate Planning, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Wills

If a will written on the fender of a tractor or on the back of a photo or even a blank piece of paper with indentions could be considered valid by a court, could your handwriting on a wall be considered a valid will? It...

04 Sep SUICIDAL MANHUNT MURDERERS RECORDED “LAST WILL AND TESTAMENT” ON CELL PHONE

Posted at 09:00h in Estate Planning, Wills

After killing several people in Canada resulting in a manhunt over three Canadian provinces, Kam McLeod, 19, and Bryer Schmegelsky, left a video on a cellphone in which they said goodbye to their families and described their last wishes for their remains similar to a...

06 Aug ELECTRONIC WILLS ACT APPROVED BY UNIFORM LAW COMMISSIONERS

Posted at 09:00h in Estate Planning, Notarizations, Probate Administration, Texas Bar Today Top 10 Blog Posts, Wills

On July 17, 2019, the Uniform Law Commission passed an act allowing probate courts to validate Wills electronically signed by a testator and witnesses. Texas law does not presently permit electronic signing and witnessing of Wills due to special signing requirements to make sure the Will...

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