Dallas Elder Law Attorney: Recent Episodes
Michael Cohen
Michael B. Cohen is an elder law attorney whose Dallas law practice focuses on the legal needs of the disabled and elderly, including estate and Medicaid and other public benefits (such as Veterans benefits) planning. He is a frequent speaker on these topics.
Trump Accounts are a new savings vehicle designed to help children build wealth, but they also introduce important estate planning, gift tax, and public benefits considerations. This article explains how the new rules work, when gift tax reporting may be required, and what families should know before contributing.
Can a court determine whether a multi-million-dollar will is genuine simply by analyzing the ink? The ongoing legal battle over Zappos founder Tony Hsieh's alleged will highlights the complexities of will contests, forgery claims, and the critical importance of creating a properly executed estate plan to avoid costly disputes.
Applying for nursing home Medicaid can be far more complicated than many families realize, and even a small mistake can lead to costly delays or a denial of benefits. In this article, we highlight 30 of the most common Medicaid application and planning errors, along with practical insights to help families avoid unnecessary financial hardship. Whether you're planning ahead or facing an immediate need for long-term care, understanding these pitfalls can make all the difference.
When life changes, your estate plan should too. The lawsuit involving Malcolm-Jamal Warner's decades-old trust highlights how failing to update estate planning documents after marriage and children can lead to costly litigation and uncertainty for loved ones.
Even though you generally cannot benefit from slaying someone, Reiner’s son could prevail to get some funds from a trust in which he was to be already be receiving benefits before their death. Language of the trust will dictate whether he succeeds or not.
Is a human embryo considered personal property or a human being? The laws (which are evolving) differ by state. What happens to an embryo if there is a divorce or death? Jelly Roll and Bunnie XO plan on IVF even though they are getting divorced, but what happens if they disagree before the divorce is final as to what happens with any embryos?
A signature controls how assets of an account will be distributed. A joint account may pass by the will of the deceased whereas a joint account with right of survivorship account passes to the survivor. This article describes an probate battle over whether the account was a joint account with right of survivorship was established if the signature card was not initialed and there was no definition of the type of joint account on the same card where it was initialed.
Anna Nicole Smith died without a proper estate plan. Years later, her daughter is still living with the consequences.This episode breaks down how one of the most publicized estate disasters in celebrity history continues to play out, what poor planning actually costs a family, and why the people left behind are the ones who pay the price.If Anna Nicole Smith's estate can fall apart, yours can too. Don't leave your family with the same mess.
He was dying. He tried to change his life insurance beneficiary. He signed it in front of two witnesses. But a few unchecked boxes meant the form was rejected.He died before it could be fixed. His ex-wife finished the form the day after he passed.Six years of legal battles later, a court still had to decide who gets the money. The answer will surprise you.This episode breaks down exactly what went wrong and why one incomplete form can unravel everything you intended to leave behind.
She murdered her husband, then wrote a children's book about grief using his likeness.The Kouri Richins case is more than a true crime story. It's a warning. Forged powers of attorney, drained accounts, a secretly changed life insurance policy, and an estate still tangled in court after a murder conviction.This episode breaks down every legal angle and what it means for your own family's plan.
Most people don't realize their brain health and their estate plan are connected. Until it's too late.Once cognitive decline sets in, you can no longer legally sign a will, trust, or power of attorney. The window to protect your family closes faster than anyone expects and most people miss it entirely.This episode breaks down the POINTER study, the research that actually identified what keeps your brain sharper longer, and what it means for your family's future.
A $275 million estate. Co trustees at war. And legal fees that could quietly drain the entire trust. Even well structured estate plans can fall apart when control and communication break down.
A Lady Bird Deed can be a powerful tool in Texas estate planning, but what happens if creditors come into play? This article breaks down how disclaiming a Lady Bird Deed may impact creditor protection and what you need to know to protect your assets and your family’s future.
For years, they defended Michael Jackson. Now they are suing his estate with serious new allegations. This legal battle raises major questions about credibility, prior settlements, and whether claims can resurface after millions have already been paid.
When someone uses a power of attorney to make gifts to themselves, is it allowed or a serious legal problem? This blog explains how Texas law treats self-dealing, what “good faith” really means, and when those actions can be challenged or upheld.
Oseguera, revealing how U.S. and Mexican authorities pursue illicit assets tied to drug cartels. From bitcoin trails to evolving anti-terror laws, discover why seizing these hidden fortunes is far more difficult than it seems.
What happens if a loved one passes away and the only will you can find is a copy? This must-watch podcast breaks down the surprising legal hurdles of probating a copy of a will in Texas—from tracking down heirs to proving why the original is missing. Discover why one small oversight can create major complications, and how to protect your family from the stress and uncertainty.
A shocking dispute is unfolding over the private archives of Hugh Hefner, as Crystal Hefner raises urgent concerns about thousands of undisclosed, explicit images that may have been taken without consent. This eye-opening podcast dives into the legal and ethical battle surrounding privacy rights, potential AI misuse, and whether these materials should ever be digitized or shared. As investigations loom, it reveals why this case could reshape how estates and even foundations handle sensitive personal content.
What happens legally when someone disappears and may never be found? This compelling article explores the complex process of declaring a missing person dead, from seven-year presumptions to the role of circumstantial evidence in high-profile cases like Nancy Guthrie. Learn how courts handle estates, notify the missing, and what happens if they unexpectedly return, revealing a legal process as unsettling as it is essential.
Five categories of ways to avoid the process of court approval for assets to be collected, evaluated, and distributed are explored.
Some residential homes purchased by an entity (including trusts) may be required to report to the Financial Crimes Enforcement Network (FinCEN) as of March 1st
It is better to have a trust as a beneficiary rather than an individual since you can have protection on how your property passes in contrast to the grantee/beneficiary's heirs or estate of if the grantee/beneficiary predeceases you.
Ten negative consequences for superseding the powers granted in a power of attorney of elderly mom are described.
Diane Keaton reportedly established a pet trust for the benefit of her golden retriever. Different ways to take care of your pet are explored.
Proper language is required in a trust for the homestead and other exemptions to be retained if your home is deeded into a trust. This article described the proper language for exemptions and creditor protection.
. However, certain resources, such as the applicant's homestead, do not count. This article not only mentions the amount of the equity limit for the homestead to not count as a resource, but it also discusses how to avoid the claim for reimbursement by the state for benefits advanced after the death of the Medicaid recipient.
whereby a convicted murderer cannot inherit from the deceased victim. This article compares California and Texas slayer statutes.
This article discusses ten of the most frequently asked questions about powers of attorney, ranging from the different types to when the power is effective and terminates.
There are no inheritance laws on the rights of a human clone at the present time, but this may need to be addressed due to scientific advancements.
The 2026 figures for the value of resources that can be kept by a spouse if one spouse needs long-term care and applies for Medicaid to help pay for care costs are projected to increase. The value of resources can often be increased as discussed in this article.
The 2026 income cap for long-term care Medicaid is projected to increase. This article discusses how one can plan if their income exceeds the limit.
With pressure to release the Epstein files and the investigation of the Senate Committee on Finance as to how he was paid for planning services, Epstein's estate could be subject to more scrutiny.
Possession isn't always nine-tenths of the law. A beneficiary or an heir has a responsibility to report to law enforcement if there is suspicion an asset inherited was stolen.
Pete Rose died without a will. As a result, his children are at odds on who should be in charge of the 1 estate and whether a licensing agreement should be part of his estate, which would subsequently omit three of his five children as a beneficiary.
John Amos' daughter has sued her brother stating that their dad lacked mental capacity and wasunduly influenced when he signed his will. She also sued for elder abuse and the acceleration ofAmos' death for the healthcare given by her brother and Amos' caregiver.
Rupert Murdoch paid billions of dollars to three of his children to settle a lawsuit whereby he tried to change the terms of his irrevocable trust so that only one son would be in charge instead of four owning and controlling an equal share.
Texas has raised the penalty divisor for uncompensated transfers starting September 1, 2025, meaning gift-making strategies can now result in longer private-pay periods. Learn how this update could affect your long-term care eligibility and smart planning options.
Although beneficiary designations avoid probate, it is often best to have your assets pass by will or trust since protection is often needed for your beneficiaries ranging from disability to tax planning.
Disinherited Barney's New York heir seeks vengeance against his siblings by using New York's whistleblower law claiming that they moved his mother to Florida to evade payment of New York income and estate taxes.
One of the allegations in a $50 million lawsuit by former business partners of Priscilla Presley is that she withheld life support on her daughter, Lisa Marie, so that Lisa Marie could not remove Priscilla as trustee over a Trust that owns Graceland.
There could be a legal battle between Hulk Hogan's surviving wife and heirs due to Florida's spousal elective share rules. His dysfunctional family may just increase the chance of litigation.
If you die without a will in Texas, the state decides who inherits your property and it might not be who you think. In this episode, Michael Cohen explains how Texas law handles separate and community property, and why those assumptions can create costly legal issues. Learn how proper planning can help you avoid probate nightmares and protect your loved ones.
In Texas, there will be less covered by traditional Medicare starting on January 1st, 2026 as the government has announced 17 categories of care that will now require prior authorization due to the government concern of fraud by healthcare providers. The government will pay companies on how much they save resulting in more coverage rejection.
The FDA approved a blood test for early detection of Alzheimer's disease that should, for the first time, open the door to testing accessibility for more of those at risk.
Michael discusses how estate planning for copyrights, trademarks, licenses, name, image, and likeness can differ depending on the goals of the client and where they reside.
O.J. Simpson and his son purchased a Las Vegas home where O.J. lived and made payments, but the home was actually owned by a corporation controlled by his son, meaning O.J.'s creditors could not collect against the home after his death.
Everyone is looking for Jimmy Buffett's lost shaker of salt! Michael B. Cohen goes over the ongoing dispute for his assets as Buffett's co-trustees sue each other over his $275 million estate. Life isn't just a beach for these Parrot Heads!
What happens to your frequent flyer miles or points after you've passed? Let's discuss the policies of four major airlines.
"Wouldn't it be nice" if you knew how to protect yourself and your family in the event of disability? Michael B. Cohen goes over how Brian Wilson's estate planning was a mixed bag.
What happens to our digital footprint when we pass? What options do you have to protect your loved one's online legacy? Or would you prefer to delete the Facebook account of the deceased? Maybe do nothing with it all?
The father of the late "American Pickers" star, Frank Fritz, has challenged his son's will due to lack of capacity. Frank Fritz was under guardianship at the time he signed the will.
A California Appeals Court has ruled that the illegitimate grandchildren (including Elizabeth Hurley's son) of late billionaire, Dr. Peter Bing, could not inherit from the grandchildren's trusts established by Bing since they were illegitimate and did not live as a minor with their father, (Stephen), as a regular member of Stephen's household.
The homestead is usually the most valuable non-countable resource when applying for long-term care Medicaid eligibility. However, sometimes the equity value exceeds Medicaid's limit or the property must be sold. Options for protection are discussed.
As a result of the spencer family's tradition of following male primogeniture, it is likely that Princess Diana's childhood home will be inherited by her nephew (the son of her brother, Charles) instead of her sons.
Discussion of how each American baby born in a certain time frame will be given $1,000 by the government that can grow with tax deferral
If an asset of a long-term care Medicaid recipient passes by his or her will or by intestacy, the government has a right to be reimbursed to the extent Medicaid benefits have been advanced. Additionally, there are situations where there is a reimbursement request for government benefits advanced outside of probate. This discussed 5 of those situations.
If you can't split the baby, why should you be able to partition frozen human embryos? A Virginia court rules that human embryos are a special type of property that cannot be partitioned since each embryo is graded differently.
Over 3 million Americans who received a lesser amount or no Social Security due to work not covered by Social Security are now or will soon be receiving an increase in Social Security due to the Social Security Fairness Act passed earlier this year. However, is it fair to all?
We explore how the classification of property (community vs. separate) could determine whether Hackman’s children or a charity walks away with the fortune. Estate drama and legal nuance collide—listen now to hear how this one might unfold.
This podcast updates celebrity estate planning or court cases contesting planning previously discussed regarding Rupert Murdoch, Charley Pride, Richard Simmons and others.
Six options are discussed when a senior refuses to stop driving even though safety may be an issue.
A houseboat can be a home under the Internal Revenue Code and under Medicaid eligibility rules, but it has no protection under bankruptcy or Texas Medicaid Estate Recovery rules. The various treatment of houseboats under different laws are discussed.
When one lives in another state at the time of death but owns assets in Texas such as real estate, there are several ways to probate a will in Texas so the property passes under the terms of the will.
The 7-year estate battle over Charles Manson's estate continues as the court had a hearing rescheduled to determine if one of the contestants is an heir.
8 different property tax exemptions are discussed for those to qualify for less or no property taxes.
Texas is a strong homestead state. Protection from seizure by creditors is greater under Texas law than under the federal bankruptcy plan. Differences are discussed in addition homestead protection under public benefits laws.
Proof of common law marriage is often required to be entitled to marital benefits. This article/podcast describes evidence needed.
The will of Little Richard gave specific instructions of how to handle the publicity rights of his estate. His brother, who was also named as an executor in addition to being a beneficiary, failed to follow the terms of the will resulting in his removal as an executor and losing a share of the publicity rights.
There are beneficiary designations for vehicles, real estate, bank accounts, life insurance policies, but mobile homes are often only created as personal property and there is no present law permitting beneficiary designations in such event.
Tony Bennett's daughters have sued their brother, who is the trustee of the family trust that Tony Bennett established for trust mismanagement. They allege he used trust funds for his own personal benefit.
This case discusses why the court ruled that the daughter of the decedent, who was specifically disinherited in the decedent's will, was entitled to her entire estate. This demonstrates how important will drafting can be.
Kellie Pickler is in a fight with her in-laws over certain personal property items. This discusses how to plan for distribution of personal property after your passing.
If a Medicaid applicant is single, there is an equity limit for your homestead for eligibility. This podcast not only explains the limit, but also how to protect your homestead for your beneficiaries should you even get government assistance for your care through Medicaid.
Medicaid assistance was retained even after the sale of the homestead (an exempt resource) which became cash by merely using rules on what is non-countable on using an exception under Medicaid transfer penalty rules.
Relationships change. Health changes. Money changes. Laws change. Some of the items to consider are discussed.
New numbers for: (1) how much can be passed at death with estate taxation; (2) How much can be given annually per person without reporting to the IRS, (3) how much can be to a charity from an IRA to a charity without income taxation and (4) income tax brackets are discussed.
Richard Simmons' brother and his housekeeper are fighting over who can control the trust estate of the late weight loss guru.
Sometimes it is better to have a Will or sometimes it is better to have a Revocable Living Trust. The decision tree chart generally discusses situations when it is better to have one or the other (other factors are sometimes considered).
A special needs trust trustee has many roles as a trustee/fiduciary ranging from how to distribute funds to investing and filing tax returns. The various roles are discussed.
When is a bank liable for making payment to the "wrong heir"? A bank is not liable for following a court order or determining if the order was obtained by forgery or fraud of an applicant.
Eligibility for long-term care Medicaid which helps pay for some or all of the cost of care of the institutionalized spouse, is often determined by the amount of income and countable resources of the couple. This explains how this can be achieved.
Similar to tax laws which require planning pursuant to the Internal Revenue Code, planning is often required to maximize asset preservation of resources should a loved one needs long-term care for governmental assistance. This story shows an example of how issues are spotted and what can be done within the rules.
Knowledge of the rules is important when completing an application for governmental assistance in paying for long-term care (i.e. nursing home and drug costs). Common mistakes (and how to avoid them) are discussed.
Some might think there is only one type of power of attorney or that all powers of attorney cover the same powers, effective date, etc. This podcast describes the difference between various powers of attorney.
This discusses some of the pros and cons of beneficiary designations (i.e. naming an individual as a beneficiary of a retirement account, life insurance policy, bank account, etc.)
The determined efforts of a niece resulted in locating her uncle who had been abducted 73 years ago. Inheritance rights to and from him are discussed if he were a Texas resident.
Who is in charge of your body after death (funeral, burial, and removal of the deceased's remains subsequently) depends on your planning or state law. Casey Kasem's widow has that right (to the displeasure of his children) until she dies. However, after death, his children may have rights.
Estate planning is affected by divorce. This podcast describes how Shannen Doherty's family (instead of the husband she divorced on the date of her death) benefited from her divorce.
There are 109 Medicaid programs in Texas, each has its own rules for eligibility, including income limitations. This podcast describes the income limit on certain Medicaid programs that elderly or disabled commonly seek.
Rupert Murdoch is attempting to modify his irrevocable trust by court which affects his succession planning. This podcast describes what is needed to modify an irrevocable trust.
The definition of "home" is different under Medicaid and VA rules. Eligibility is often dependent on the definition.
Upstream planning to avoid capital gains taxes on giving of appreciated assets from child to parent is sometimes used, but one must be careful and should be used in limited situations as there are risks.
When a beneficiary inherits an IRA, the rule on the required time of distributions has been finalized.
Matthew Perry's estate planning accomplished many goals (1) privacy (2) charitable tax planning (3) reduction of risk of a contest (4) and probate avoidance for most of his assets among other things.
A trust can be named as a beneficiary of a trust - but should you? Your protection goals and the risks should be discussed to be making a decision.
A recent Texas Supreme Court decision concludes that a Medicaid applicant must pay for and occupy a homestead prior to nursing home admission for it to be excluded as a resource. Purchase of an ownership interest after institutionalized does not accomplish spend-down for the government to help pay for care.
One must be ever diligent from scams and frauds. Recently, there was even an attempt to scam the estate of Lisa Marie Presley using well-known tourist attraction, Graceland as attempted collateral.
Child who was named as agent under a financial and a medical power of attorney was removed as a result of self-dealing and breach of her fiduciary duty to her mom.
Since people are living longer and the cost of care (which is often paid by the state) is great, Texas has a partnership program to give an incentive to obtain long-term care insurance which protects some assets from spend down to get governmental care cost assistance.
Surviving spouses are entitled to certain rights and interests - even if a spouse dies without a Will. However, it is up to a judge or jury to determine if a couple is married if there was no formal marriage - which would make a difference as to inheritance rights.
Research takes another step forward in earlier detection of Alzheimer's. Discovery of any underlying cause will result in more research on the gene and reducing risk or having a higher quality of life for a longer period of time.
When it comes to money, beneficiaries often fight - no matter how much or little the size of the estate. Michael Jackson's mother and children are no longer speaking as a result.
Consumers need protection. Those who charge a fee for Medicaid assistance violate Texas law. An actual case is described as to why this law is important.
A person who discovered relatives through 23AndMe will likely inherit millions from a father she never knew. When a person dies without a will, beneficiary designation, or trust, the state law determines who are the heirs.
If proper language is not used when preparing a joint Ladybird (enhanced life estate) deed), your interest in the property may go differently than anticipated on the first of the joint owners to die.
The families of Nicole Brown Simpson and Ronald Goldman, who became creditors of O.J. Simpson as a wrongful death judgment, are now pursuing payment from O.J.'s estate for the debt never collected. A discussion of O.J.'s estate planning and the probate process are discussed.
Planning for disability and death often is different when public benefits are involved or potentially involved.
Exceptions and options to avoid Medicaid estate recovery in Texas - How to save my home and other assets from reimbursement to the state.
George Carlin's estate has sued for copyright infringement and use of his name, image, and likeness as a result of a podcast created by AI (artificial intelligence).
There is a recent trend of states passing a law that permits an ecological death - human composting. This describes the process and how to plan in Texas for your bodily remains after death.
There are many common errors in drafting a will that is to be probated in Texas. The common mistakes to be avoided are discussed.
Jay Leno's failure to adequately plan in advance (even when he knew his wife had dementia) has resulted in petitioning the court with hopes that the court will permit him to do what he should have done.
A Texas case which decided whether the spouse (who was also the niece) of the deceased could be the beneficiary of his will.
Many want to give instructions and take care of beloved pets if they die before their pet(s). Various ways pet trusts can be established are discussed.
14 exceptions to Long-Term Care Medicaid's Transfer Penalty Rules are discussed. This can be used to accelerate governmental assistance to pay for care costs and medications.
An actual ongoing case of a multi-millionaire recluse who was originally thought to have died without a will is now embroiled in an estate battle with someone claiming to have a valid will 7 years after the recluse died.
If you trust your agent on your financial power of attorney, the document can include many extra powers beyond statutory language as illustrated by the following case.
Discussion over when an affidavit of heirship is used verses when a small estates affidavit is more appropriate.
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.
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.
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.
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.
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.
Many are unaware that extra powers in a financial power of attorney go beyond statutory language. It can be useful, but it is important that you trust your agent when giving broader powers.
Sometimes it is best to have a professional trustee or financial institution as a trustee. Sometimes it is best to have an individual or family member serve as trustee and sometimes it is best to have a combination to serve as co-trustees. This podcast discusses what should be thought about prior to choosing a trustee.
This podcast discusses a case whereby a Medicaid compliant annuity was used to save thousands of dollars each month under governmental rules for governmental assistance.
The general rules regarding physician-assisted suicide in the states that have permitted this are discussed along with the waiver of residency requirements in Vermont and Oregon.
Knowledge of the law and rules can be beneficial in shifting long-term care costs to the government.
The difference between hospice and palliative care is discussed along with 7 documents used in planning for end-of-life.
Although there are some who try to defraud through the use of fake deeds, the protection of title lock companies is generally overblown. Steps to recognize issues and reduce risk are discussed.
Jerry Lee Lewis constantly battled the IRS and he was married 7 times. His attempt to "protect" the homestead since he didn't own it when he passed shocking his son who thought he would get his father's home as set forth in the will of Jerry Lee Lewis. Instead, he got evicted by his first cousins.
If the original of your will is lost, then the law requires additional steps during probate to be valid as the law presumes the original will was destroyed.
Passing your life lessons, values, stories, and beliefs may be more valuable than assets transferred through estate planning.
The Texas legislature is discussing various bills for property tax relief. Possible options, including reduced property taxes for serious are discussed.
Although never tested, a new law may give planning opportunities to save more for a spouse or family under public benefits laws.
The government will sometimes pay for care at home. A description of how one obtains eligibility and the conditions for coverage are described.
The signature card establishing a bank account will determine how the account is transferred at death. Some may be surprised that joint accounts are not necessarily entitled to an account after the other joint account owner dies.
The budget bill that passed at the end of December 2022 gave a benefit for those disabled between ages 26 and 46. This article describes ABLE (Achieving a Better Life Experience) accounts and how such accounts benefit may who are disabled.
The 5 year battle over Manson’s estate continues illustrating the need to have your estate planning documents properly done.
Elvis Presley made some errors in planning for his estate, and his daughter, Lisa Marie, made different mistakes in her planning. This discusses what actually happened and some things that could have been done.
Simple solutions on a couple of cases to save assets in connection with long-term care costs.
There is more to estate planning than just having a Will. This discusses 9 documents besides a Will that should be considered.
This describes how and when the government will help pay for a spouse's care without the couple paying.
The requirements for sufficient mental capacity for a Will, to sign a contract, or to make a gift are different. This podcast describes the requirements for each.
There are options to avoid the expensive and time consuming court process of getting guardianship of the estate. This podcast describes some of these options.
Sometimes it is better to have a Will, and sometimes it is better to have a Trust. This podcast describes some of the advantages and disadvantages of either option.
The government has determined Americans are not saving enough for retirement. As a result, new laws have passed to encourage participation in saving for retirement and to encourage employers to help employees save for retirement.
The equity limit in year 2023 for a homestead to be a non-countable resource for a long-term care Medicaid single applicant has increased. Protection options (i.e. Ladybird Deeds, Transfer on Death Deeds, etc.) from a successful claim by the government for reimbursement after the Medicaid recipient's death are also discussed.
Certain wartime veterans (or the surviving spouse of a wartime veteran) are entitled to benefits if they are either homebound or need assistance in 2 activities of daily living. The benefits increase for 2023 is discussed along with some comparisons to Medicaid benefit rules.
The Respect for Marriage Act recently signed grants certain rights to same-sex married couples, but it does not disturb a prohibition of certain rights as determined by each state. Freedom of speech and religion will likely be addressed in future U.S Supreme Court decisions.
From funeral arrangements to account information to assets that pass outside of a Will, there are some things that should not be mentioned in a Will.
When an applicant for long-term care Medicaid (i.e. a nursing home) has too much income to get the government to pay for care, a qualified income trust (also known as a Miller Trust) is used. This podcast mentions the new cap and explains how the trust works.
The IRS has announced new limits (1) on how much you give per year, person without reporting to the IRS, and (2) on how much be given at death without federal estate tax per year. Pros and cons of gifting during life and planning to avoid estate taxes after death are discussed.
Advantages and disadvantages of the use of Affidavits of Heirship when the deceased owned real estate but often has no Will.
Statutory form financial durable powers of attorney do not include all powers of the agent. Numerous additional provisions are discussed to give extra authority to the agent to meet the goals of the principal.
Advantages and disadvantages of Ladybird (enhanced life estate) deeds in comparison to transfer on death deeds are discussed.
Mistakes commonly made by Executors (the person who is to handle collecting the assets of the deceased, paying all debts, expenses, and taxes of the deceased or the estate of the deceased), and distributing the assets (pursuant of the Will) can be avoided by knowing these errors.
Long-term Care Medicaid (which helps pay for nursing home or at home care and drug costs) has a 5 year look back period to determine if an applicant made an uncompensated transfer to be eligible for governmental benefits. If such a transfer was made, the applicant could penalized resulting in a private pay requirement. This podcast discusses some of the exceptions to the rule.
Although it is good to have a Will, protection of the beneficiary or beneficiaries from a variety of possibilities. (1) Being disabled, (2) having creditor issues, (3) having an addiction, (4) marital problems, (5) being a minor, (6) potentially losing public benefits, (7) being a spendthrift, (8) having tax concerns.
The most common reasons why a parent gives away the bulk of their assets are not justified. The podcast describes why parents may think it is best and why their rationale is flawed.
Divorce affects estate planning documents such as wills and powers of attorney as well as some (but not all) beneficiary designations. This podcast describes Texas law and actions that should be taken if one thinks there may be a divorce.
As a result of certain federal and state laws, divorce is not needed to obtain eligibility for the government to pay for skilled care at home or at a nursing home. This podcast describes the requirements and how eligibility could be obtained so that the well spouse has assets to live for the remainder of his or her life.
Texas law permits surrogates to act and make medical decisions on behalf of a patient under certain conditions even if the patient has not signed a Medical Power of Attorney. This podcast describes the conditions and who can act as a surrogate.
Pitfalls could await if elderly get married (especially if a spouse has children from a prior relationship.) This podcast describes different rights a spouse may be entitled to during or upon death as a result of marriage.
Since many do not have adequate insurance for long-term care (i.e., nursing home care or care at home) and Medicaid eligibility is important to pay for such care, it is often critical to reduce risk in preparing an application. Common mistakes are discussed so that errors could be avoided.
Timing of distributing and to whom distributions are made are critical in tax deferred growth, charitable gifting, potential public benefits, additional taxation, and other issues.
The health of your stomach may affect your brain according to recent research in potential causes for dementia.
There are many types of ways real estate can be conveyed in Texas. This podcast discusses 11 options.
Many are confused as to the transfer of assets, payment of debts, and the probate process in Texas after the person who makes a Will dies. This podcast clarifies many of the misconceptions.
There are numerous rights that married couples have that are not given to those who are single. This podcast describes 10 of the potential benefits that can be lost if same sex couples cannot be married as suggested by Supreme Court Justice Clarence Thomas as mentioned his decision in Roe v. Wade.
If the beneficiary of a will or trust predeceases, wrong usage could lead to consequences.
Although sometimes Transfer on Death Deeds are desirable, there are 12 problems discussed.
Options of when a trust should or should not be the beneficiary of a retirement account.
2 difference case studies on estate planning issues and problems in connection to Ladybird (Enhanced Life Estate) Deeds.
It is often misunderstood of what is required for the government to pay for nursing home costs or to protect your assets. The truth on common Medicaid myths are discussed.
Pros and cons of community and separate property are considered in estate planning ranging from tax planning to control issues.
As planning with Cryptocurrency continues to grow, NFT (non-fungible tokens) will follow. A description of the use of NFT and the unique issues in estate planning that it brings are discussed.
Children are sometimes responsible for the bills (such as care costs) of their parent depending on state law. The origins of filial responsibility and its erosion are discussed.
The Court explains why the Texas Medicaid agency (which governs for determination if an applicant is eligible for governmental assistance to pay for nursing home costs) wrongfully required prior occupancy as a condition for eligibility. The ruling potentially gives an easier way to have the government help pay for nursing home care.
3 Cases - (1) You generally can't accept benefits under a will and then attempt to nullify it. (2) Your will should not use language that lacks clarity (don't use words like "desire, hope, or may") and (3) There is no statute of limitations to determine your heirs.
An actual case where the client achieved shifting the cost of care to the government for 9 years, guardianship issues, tax issues, estate planning and asset preservation for the client and client's family.
Although you typically have to get the consent of your lender in making a transfer of your home, there are exceptions pursuant to federal law.
Under Texas law, there are rules when a marriage can be voided after one spouse dies. This podcast describes a Texas case where a marriage was voided after the husband died to cut off all spousal rights the wife would have otherwise been entitled.
Discussion of the proposed new laws regarding retirement accounts that will likely change this year.
The first half of the podcast explains the rules for the government to help pay for long term care (either at a nursing home or at home) and planning options. The second half of the podcast concerns estate planning with cryptocurrency.
Parentage is often the basis of lawsuits. This podcast goes over some of the issues in a will contest case where the will contestants attempted to establish that they were children of the deceased to hopefully be a beneficiary.
Protection of your beneficiaries while considering income taxation and tax-deferred growth are discussed.
Many misunderstand basic tax issues on gift taxes, estate taxes and income tax in estate planning. This podcast attempts to simplify these issues.
Estate planning is not just about passing your assets to your beneficiaries. It includes protection from a myriad of concerns that could range from your spouse remarrying to protecting your children (and grandchildren) from disability, marital issues, creditor issues. etc. This podcast goes over some of those issues and how can your protect your loved ones the way you want.
There are at least 6 types of trusts used in connection to planning for or retaining public benefits.
Signature cards control as therefore seven different types of accounts which determine how funds are distributed at death.
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.
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 questions to ask your partner before giving them estate in your home.
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 trust said "grandchildren" and he is a grandchild (he just was born out of wedlock and didn’t live with his father) and basketball legend Kobe Bryant’s mother-in-law suing for $1.5 million and financial elder abuse based on a supposed verbal statement of the deceased that when he sold a home that he owned that she would get the proceeds for helping raising his children. She also wanted overtime pay.
Michael Cohen speaks on how sometimes provisions in wills and trusts are voided as being against public policy or being unconstitutional.
Michael Cohen speaks on Undue Influence, what it means and how to deal with it in a legal setting.
Michael Cohen speaks on the importance of 529's and why they are used in Estate Planning.
Michael Cohen speaks on if Charley Pride treated his secret son unfairly and how to reduce the risk of a disgruntled beneficiary.
Michael speaks on how the purchase of a cheap online power of attorney form costs family thousands of dollars.
Michael cohen speaks on Marilyn Monroe's estate planning mistake and Charles Manson's grandson not required to take DNA test in helter skelter probate battle.
Michael Cohen speaks on IRS publication requiring RMDs on inherited IRAs and digital vaults.
Michael speaks on powers of attorney and the steps to revoke one when an agent goes rogue.
Although Paid on Death accounts are sometimes useful, this show talked about the negative things that occur were probably not thought by the account owner that could go wrong with only a beneficiary designation.
Michael speaks on a case where an online or store-bought Will was purchased and the problems that occur as a result.
Michael speaks on the perils that a family faced when dad had no Will, mom had a defective will, options to the will, and Medicaid estate recovery issues.
Michael speaks on some of the benefits to seniors under the American Rescue Plan (besides stimulus) and the continuing problems with Aretha Franklin’s estate since there was no signed Will
Will harry & Meghan’s interview create a royal mess of her majesty’s estate plan – or just a royal pain?
Michael Cohen talks about 7 different situations in which a trust could be used as a beneficiary of a retirement account to protect an individual.
Michael Cohen discusses the problems of a client who prepared a deed without the advice of an attorney.
Michael Cohen talks about a success story in which a long-term care (nursing home) Medicaid applicant (to have the government assist in pay for cost of care) achieved Medicaid eligibility notwithstanding a transfer to a child (a penalized event if within 5 years if the child didn’t give the money back) even though the child had spent the funds and did not have means to give the gifted funds back.
Many trusts indicate that the trustee is entitled to “reasonable compensation”. Also, unless the terms of the trust provide otherwise, the trustee is entitled to “reasonable compensation” from the trust for acting as trustee under Texas law but there is no guidance as to “reasonable compensation”.
Tune in where Michael talks about how a Ladybird deed is usually better than a transfer of death deed.
Join Michael for this weeks podcast where he talks about changes in the law regarding charitable giving for year 2020 due to the CARES act (due to the pandemic), gifting of appreciated assets to charity to avoid capital gains tax, gifting limits annually and during lifetime, and penalties for gifting within a loopback period if applying for public benefits such as Medicaid.
Micheal discusses that the Executor’s duties in handling the claims of creditors, notices that must be given and a permissive notice in addition to sometimes beneficiaries are protected if there is beneficiary designation (and sometimes they are not) , how to handle credit card liabilities, which student loans are forgiven and some that are not, in addition to the responsibility of a spouse of payment of debts of their deceased spouse.
Lets talk about what you should think about when it comes to Estate Planning going into 2021.
President-elect Biden has suggested various changes in tax laws to help achieve his legislative agenda. Although 2 Senate seats in Georgia have yet to be decided which could make a difference in likelihood of success in achieving the goals of the President-elect, the following podcast touches on a few of the tax changes that could occur.
While the loss of a loved one may be emotionally devastating, the tasks to accomplish after one dies could be overwhelming. As a result, we have compiled a checklist of some of the important things to consider.
Check out Michael's new podcast where he touches on the differences between transfer on death deeds and lady bird deeds.
It is not unusual for family members to fight over personal property items of value but Michael talks about the seven ways to avoid the ongoing argument.
Although you would think the rich and famous would be the last to make estate planning errors, but they make mistakes (from which we can learn) like others. Here are some celebrity estate planning mistakes.
Today's Estate Planning Essential from Dallas Elder Lawyer Michael B. Cohen is all about the extras that go into the financial power of attorney.
This week's Estate Planning Essential from Michael B. Cohen outlines the biggest mistakes that people make regarding their wills.
Listen to Michael B. Cohen discuss the 8 different trusts that may be within a specific trust or will.
Listen to Michael B. Cohen discuss what steps you may need to take to design your estate plan.
Listen to Michael B. Cohen discuss the top 16 ways to avoid guardianship of someone's estate (in the chance of disability, etc).
Listen to Michael B. Cohen discuss his tips for protecting a minor child with an estate plan.
Listen to Michael B. Cohen give his top 8 tips for discussing end of life and estate planning with your elderly parent.
Listen to Michael B. Cohen discuss different kinds of trusts and how to decide if you need a beneficiary.
Listen to Michael B. Cohen discuss your frequently asked questions on probate.
Learn more here: https://www.dallaselderlawyer.com/faqs/#probate
Listen to Michael B. Cohen discuss 10 situations you need to be aware of if you are receiving assets.
Listen to the Dallas Elder Lawyer, Michael Cohen, discuss the complicated estate agreement of The Godfather of Soul, James Brown.
Listen to Michael B. Cohen discuss how $1.4 billion dollars worth of stimulus checks were sent to people who are deceased.
Listen to Michael B. Cohen discuss how to protect yourself from the SECURE Act's impacts on estate planning and trusts.
Listen to Michael B. Cohen discuss how Ladybird Deeds could be affected long-term by the COVID-19 pandemic.
Listen to Michael B. Cohen discuss the legal implications of the curious case of Don Lewis, the presumed dead husband of Tiger King nemesis Carole Baskin.
Listen to Michael B. Cohen discuss the five common mistakes that notaries tend to make.
Listen to Michael B. Cohen discuss which of your important documents you need to be keeping up-to-date during the COVID-19 pandemic.
Listen to Michael B. Cohen discuss the importance of digital assets in estate planning such as bank accounts, cryptocurrency, social media, etc.
Listen to Michael B. Cohen discuss the basics of estate planning during COVID-19. This episode covers online legal document signing, video conferencing, and the next workshop on April 30.
Listen to Michael B. Cohen discuss the recent executive order from Texas Governor Greg Abbott regarding COVID-19.
Listen to Michael B. Cohen discuss when and how often your estate plan should be reviewed.
Listen to Michael B. Cohen discuss what title companies, banks, etc. would accept and when in connection with Powers of Attorney, Affidavits or Heirship, Transfer on Death Deeds and Ladybird Deeds.
Listen to Michael B. Cohen discuss how a poorly drafted trust could lead to litigation.
Listen to Michael B. Cohen discuss the use of a Ladybird deed instead of a trust to avoid probate when the home was the main concern about transfer of title in the event of death prior to the sale.
Listen to Michael B. Cohen discuss the basics of Medicaid like eligibility requirements and changes that could be happening during the year.
Listen to Michael B. Cohen discuss a lawsuit in which a son is suing Alcor Life Extension Foundation over how his deceased father's body was treated.
Listen to Michael B. Cohen discuss the seven different types of trusts in public benefits planning.
Listen to Michael B. Cohen discuss Potential problems with title companies when the grantor decides to sell the property (typically the homestead)during the grantor’s lifetime.
Listen to Michael B. Cohen discuss “Knives OuT” and the discussion of “no-contest clauses, undue influence and the Slayer statute.
Listen to Michael B. Cohen discuss The Secure Act and its changes to retirement accounts and planning.
Listen to Michael B. Cohen discuss the problems in estate panning when a stepfamily is involved.
Listen to Michael B. Cohen talk about problems when using a joint account that most fail to consider.
Listen to Michael B. Cohen discuss a case where the court rejected interlineations by the deceased on his trust (which would also be a problem on a will).
Listen to Michael B. Cohen discuss Transfer on Death Deeds and issues to consider when making a gift (from tax issues to public benefits issues).
Listen to Michael B. Cohen discuss small estate affidavits (for those who have no will) to transfer assets without going to court.
Estate planning is not simply protecting your assets or having a Will and a power of attorney.
How to Keep More for Spouse if Ill Spouse Needs to Go Into Nursing Home or Needs Care at Home
Although Prince died without a Will more than three years ago, his Estate (which owns the rights to all of his recordings and a Caribbean villa) is far from settled. Since Prince died intestate, the court had to appoint an administrator to gather assets belonging to his Estate, pay his bills, etc
This story is an illustration of some of the many thoughts that should be considered even if one has a small estate.
Wills and trusts are not as permanent as you might think. Learn more about wills and trusts with Michael Cohen on Know Your Legal Rights Podcast this week!
Dallas Elder Law Attorney Michael Cohen speaks on a Will When You Have No One to Give Your Estate To
Jeffrey Epstein’s signing of a Will two days before his suicide leaves many legal issues that may take more than a decade to decide.
Dallas Elder Law Attorney Michael Cohen speaks on Mental Capacity, May 21, 2019 by Michael Cohen
Dallas Elder Law Attorney Michael Cohen speaks on Estate Planning, May 14, 2019 by Michael Cohen
Dallas Elder Law Attorney Michael Cohen speaks on Estate Planning, May 7, 2019 by Michael Cohen
Dallas Elder Law Attorney Michael Cohen speaks on Estate Planning, April 30, 2019 by Michael Cohen
Dallas Elder Law Attorney Michael Cohen speaks on New Bills, April 23, 2019 by Michael Cohen
Dallas Elder Law Attorney Michael Cohen speaks on Estate Planning, April 16, 2019 by Michael Cohen