Dallas Elder Law Attorney

Discussion over when an affidavit of heirship is used verses when a small estates affidavit is more appropriate.

Several options for income tax reduction are discussed.

Long term care Medicaid helps pay for nursing home care and medication if there is eligibility within the rules. This podcast discusses the rules and options to achieve eligibility within the rules for the government to help pay for care. This podcast also describes the income cap for long term Medicaid including when and how to use a Miller Trust.

Certain rights and obligations are retained by the one (the life tenant) who has a life estate interest in real estate and there are certain rights and obligations of the person who is the beneficiary/grantee of the property after the termination of the life estate interest. These duties, rights and obligations are discussed.

The cost of long-term care is great. Planning for benefits so that the government helps pay for such care can be complex. Common planning and application mistakes are discussed.

Widows and widowers are entitled to certain rights and benefits under state and federal laws. Although not an exclusive list, many of these rights and benefits are discussed.

Divorce impacts your estate planning documents (wills, power of attorney), life insurance policy, IRA, beneficiary designations, etc. However, even in cases of automatic revocation, changes should be considered even prior to divorce if divorce is inevitable.

Differences between qualification for Veterans benefits and Medicaid benefits for care at home, assisted living, and nursing care are discussed.

Reverse mortgages provide a way for a borrower to tap into the equity of his or her homestead. Medicaid for long-term care is means tested - so a reverse mortgage could possibly be counterproductive. Reverse mortgages with potential planning in the event care at home or a nursing home is needed.

The laws of each state are different. As a result, documents prepared in another state should be renewed.

Numerous new laws were passed in the last Texas legislature session. 10 of the new laws that affect the elderly, estate planning, and probate are discussed.

Texas now permits a convicted felon to act as an executor. The circumstances on how this qualification could occur are discussed.

Long-term care Medicaid (which helps for skilled care either at a facility or at home) has a 5-year lookback resulting in a penalty requiring private pay if there are gifts resulting in a penalty requiring private pay - even if the gift is an exempt resource such as your home. This podcast discusses the exceptions to the rule.

Texas law provides how to settle estates of those who are missing. There are many missing in Hawai'i as a result of the recent wildfires which raises the question what Texas would do.

If the government helps pay for care costs and drug costs through Medicaid, then the state often is entitled to reimbursement. However, there are 8 exceptions to recovery against the home as discussed.

The unusual decision of a Tennessee judge 19 years ago granting additional powers to Oher's conservators has resulted in a lawsuit leaving a sour taste on the feel-good story portrayed in the movie.

Although there is a 5 year look back period when deeding a Medicaid applicant's homestead, there are 5 exceptions to the rule.

A recent IRS revenue ruling impacts the estate planning of some who have irrevocable trusts. Different types of irrevocable trusts are used to achieve various tax planning and public benefits planning goals are discussed.

5 options of where to keep your original will are discussed.

Aretha Franklin left 2 handwritten wills resulting in a legal battle between her children. Proper planning would have reduced risk over her desires (besides planning for less taxes, disability of a child, etc.)

Most states have a slayer statute. An ongoing murder case fit for TV is discussed along with laws that you cannot profit from murder.

Estate planning options for the beneficiary with an addiction or substance abuse problem are discussed.

Elder law and estate planning often intersect. This podcast examines spotting legal issues and then using both elder law and estate planning to solve the goals of the client.

1st Half: When there is no clarity on how personal property assets are distributed, there could be a battle between beneficiaries. In this case, over 70 years later. 2nd Half: Also discussed, a drug approval to help those in early stages of memory loss.

Examples of issues with assets passing with or without a will or trust, deeds, and beneficiary designations are discussed.