Michael Cohen Dallas Elder Lawyer | Resources

05 Sep Casey Kasem’s Widow’s Response to His Children – “Over My Dead Body Will You Move Your Father’s Dead Body”

Posted at 16:01h in Dementia, Divorce, Elder Justice, End of Life Care Planning, Estate Planning, Guardianship, Lawsuits, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration

Casey Kasem, known for radio’s “Top 40 Countdown”, died in 2014, but the war over where he should be buried between the children of his first marriage and his widow is ongoing. After years of legal battles over elder abuse, wrongful death, guardianship and end of...

26 Aug Matthew Perry’s Estate Plan – A Friend to Many Even After Death

Posted at 10:38h in Beneficiary, Charitable Giving, Estate Planning, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Taxes, Transfer of Death, Trusts, Wills

Matthew Perry, well-known for his role as Chandler Bing in the popular television show “Friends”, preferred that he be remembered for helping others. Perry, who fought his addiction to alcohol and opioids for many years prior to his death last year at age 54, may have...

25 Aug IRS Announces Finalized Rule On When Inherited IRA Must Be Distributed – Pay Us Now Or Pay Us Later

Posted at 10:31h in Beneficiary, End of Life Care Planning, Estate Planning, Inheritance, Medicaid Application, Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Probate Administration, Retirement, Taxes

The IRS announced its final rule on when an inherited IRA must be distributed to a beneficiary. If the owner of an IRA (or other retirement account) has already reached the date (the Required Beginning Date) when he or she is required to make distributions (70...

24 Aug Government Assistance for Care Could Depend on Homestead Definition

Posted at 10:16h in Assisted Living, Business, Disability Benefits, End of Life Care Planning, Estate Planning, Home Equity, Lady Bird Deed, Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Mortgage, Nursing Home, Probate Administration, Taxes, Transfer of Death, Trusts, Veterans

Homestead Resource Exclusion Differences Between Medicaid and Veteran’s Benefits Public benefits (such as long-term care Medicaid and non-service-connected disability benefits for wartime veterans or his or her surviving spouse) are “means-tested”. In other words, the government looks at your resources when you apply to determine if you...

23 Aug Gift of Appreciated Assets to Elderly Parent Could Save You Taxes – Gain Without Pain?

Posted at 09:45h in 529 plan, Beneficiary, End of Life Care Planning, Estate Planning, Guardianship, Inheritance, Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Retirement, Taxes

Avoiding capital gains tax is often considered in estate planning. Now some are considering “upstream planning” when a child has highly appreciated assets and his or her elderly parent does not have a taxable estate (for estate tax purposes). Generally, if you own an asset (i.e.,...

22 Aug FDA Approves Another Drug That Slows Cognitive Decline

Posted at 09:27h in Alzheimer’s, Dementia, Medicare, Michael Cohen Dallas Elder Lawyer

In July 2024, the FDA approved Kisunla (formerly called Donanemab) which is anti-amyloid clearing treatment which slows cognitive decline by 35% (up to 60% in a separate analysis). Although the FDA rejected Eli Lilly’s request for accelerated approval of the drug in January 2023 since...

29 Jul Child Promises Elderly Mom A Dream And Delivers A Nightmare Removal Of Power Of Attorney Agent

Posted at 09:38h in Dementia, Estate Planning, Guardianship, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home, Power of Attorney, Probate Administration, Short Term Care, Social Security

Sometimes abuse can come from those closest to you even if they are named to act in their capacity as a fiduciary. A person acting as a fiduciary (such as an agent under a power of attorney, a trustee of a trust, a guardian or...

26 Jul Should You Name A Trust As A Beneficiary Of Your IRA?

Posted at 09:30h in Asset Protection, Beneficiary, Estate Planning, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Public Benefits Protection, Retirement, Special Needs, Special Needs Trust, Trusts

After the passage of the Secure Act a few years ago, planning by naming a trust as a beneficiary of a retirement account (that is not a ROTH IRA) had to be reconsidered. Previously a designated beneficiary (even if the trust is named as the...

25 Jul “Home” Purchased After Buyer Is Institutionalized Counts As Resource For Medicaid

Posted at 09:18h in Beneficiary, End of Life Care Planning, Estate Planning, Home Equity, Lady Bird Deed, Long Term Care, Medicaid Application, Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Nursing Home, Probate Administration

The Texas Supreme Court has ruled that a Medicaid applicant who purchases a home or an interest in a home after admission into a skilled nursing facility is not excluded as a resource for Medicaid eligibility. On the other hand, the Court suggests if the...

24 Jul Grace For Graceland: Foreign Fraudsters Foreclosure Theft Foiled

Posted at 09:13h in Asset Protection, Estate Planning, Lawsuits, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Mortgage, Notarizations, Probate Administration, Public Benefits Protection, Social Security

Identity theft is real. The brazen attempt of foreign fraudsters to foreclose on Graceland, the former home of the late iconic singer, Elvis Presley, illustrates the need to be vigilant in the protection of your assets – and so should the representatives of your estate...