Dallas Elder Law Attorney

Some assets pass outside of a Will. This show goes into description of some assets that generally pass outside of probate.

Whether you have real estate in another country or you live in a foreign country, sometimes your Will or Trust created in the U.S may be valid and sometimes it will not.

Trusts are often used to protect either the one who establishes the trust or the beneficiary (ranging from protection of your assets if your spouse remarries to creditor issues to protecting if a beneficiary is disabled.)

This podcast describes situations in which a child may or may not be paid or be compensated under long-term care Medicaid rules.

Many are unaware that a veteran (or their spouse) who became disabled (unrelated to wartime service) could be eligible for a benefit that pays the veteran (or their surviving spouse) particularly if they need assistance with two activities of daily living (bathing, feeding, dressing, etc.) or if they are homebound. This podcast describes eligibility requirements and planning for the benefit.

As of January 1, 2022, you can give up to $16,000 per year, per person without reporting to the IRS and without gift taxation. So, for example, if a married couple with three children wanted to give the maximum to each child, then they could give up to $96,000 ($16,000 x 3 by the husband and $16,000 x 3 by the wife) in year 2022 without reporting to the IRS.

Although a homestead generally does not count as a resource when applying for governmental assistance, the government has a right to make a claim for benefits if one receives long-term care Medicaid. This podcast describes ways to protect the home from the government's claim after a Medicaid recipient's death. Also discussed is how to obtain Medicaid eligibility if your income exceeds the limit.

An actual story illustrates the myriad of problems when you do your own planning.

Are you concerned about your joint account holder changing the way you want your account to pass? Have you thought about creditor issues of your joint account? 6 problems resulting from joint account ownership.

Relationships change, laws change, health changes, and assets change. Protection against spouse remarrying, your children's spouse getting remarried, spendthrift protection, creditor protection, disability protection are among the topics discussed.

Elder law attorneys look at wills a little differently than typical estate planning attorneys since public benefits are often considered. This article mentions public benefits issues in considering wills and revocable living trust in addition to advantages and disadvantages from an estate planning attorney’s perspective.

Options in saving at least half of the money of a long-term care Medicaid applicant (if single) through the use of gift-giving strategies.

How a well spouse could keep more countable resources than the maximum limit if his or her ill spouse needs to go into a nursing home without spenddown by having Medicaid pay for the cost of long-term care.

There are many different legal documents used for various purposes at the end of life. This podcast describes at least six different documents that could be used.

Most powers of attorney fail to give all powers to the agent. This podcast describes some of the additional options that could be given to accomplish goals of a couple who needed to make a transfer from one spouse (who lost capacity) to the other spouse.

Failure to plan could be disastrous for those whom you desire to protect upon your disability or death, but in this case we overcame such failure (although planning is always recommended.

Michael Cohen discusses conditions that can be imposed for a beneficiary to receive an inheritance.

Michael Cohen speaks on how there are numerous estate planning documents needed in the event of dementia. Various strategies for public benefits are also discussed.

Michael Cohen speaks on Texas law on executor’s fees plus various options on amount of payment.

Michael Cohen the differences of the Ladybird Deed and Transfer on Death Deed and which one is better for your situation.

Michael Cohen discuses an actual case that illustrates the devastating consequences for a family whose parent had no power of attorney.

Michael Cohen speaks on unforeseen situations illustrating the necessity of a will.

Michael Cohen speaks on questions to ask your partner before giving them estate in your home.

Michael Cohen elder lawyer speaks on 3 ways to help pay for home care costs.

Michael Cohen speaks about various problems in connection with estate planning – famed singer James Brown’s estate was recently settled after 15 years of litigation between heirs, the "spouse" and whether there was bigamy and the termination rights to James Brown’s songs under federal copyright laws, the decision that actress Elizabeth Hurley’s son was not entitled to trust funds even though the t...