Dallas Elder Law Attorney

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

The difference in the last wills and testament of the last 4 popes are discussed.

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.

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.

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.

Proof of common law marriage is often required to be entitled to marital benefits. This article/podcast describes evidence needed.

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.

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.

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.

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.

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.

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.

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.

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.

Relationships change. Health changes. Money changes. Laws change. Some of the items to consider are discussed.

Differences between a Ladybird deed and a Transfer on Death Deed are discussed.

Information Reporting Requirements Under the Corporate Transparency Act are discussed.

Change is coming. Potential changes, impact and plannings are discussed.

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).

Richard Simmons' brother and his housekeeper are fighting over who can control the trust estate of the late weight loss guru.

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.

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.

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.

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.

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.

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.

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.