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12201 Merit Drive Suite 230 Dallas, TX 75251 | (214) 720-0102 Fax: (214) 754-0936

www.dallaselderlawyer.com

Welcome to the June Issue of the

Texas Elder Law E-Letter

Our next free “Estate Planning Essentials” workshop will be held on Saturday, June 15, 2019 from 10:00 a.m. to noon. Seating is limited (our last workshop had a waiting list). Call (214) 720-0102 to register or sign up online at www.dallaselderlawyer.com. We begin each workshop by asking “what questions do you have about estate planning or elder law?” Then we proceed to answer your questions over the course of the workshop.

We are pleased to report that we have again been awarded Top Ten Blog by the State Bar of Texas for Michael B. Cohen’s May E-Letter article entitled “Will By Blinking of Eyes Approved by Court”. If interested in reading, click here.

On Saturday, May 4, 2019 Michael B. Cohen hosted another “Facebook Live Event”. This event can be accessed by clicking here.

Michael B. Cohen will be speaking to the clients of Lone Star Wealth Advisors on June 20, 2019 regarding estate planning and public benefits and to the Sweet Fellowship Family Center in Dallas, Texas on the “Importance of Planning Ahead” on June 29, 2019. He also spoke on May 22, 2019 to Mass Mutual financial advisors and their clients.

Also please join our walk team (“Michael’s Marchers”) for the Walk to End Alzheimer’s by registering here which will be held on October 5, 2019 at Dallas City Hall, 1500 Marilla Street, Dallas, Texas 75207.

Please note that Michael B. Cohen’s radio show on estate planning and elder law has changed and can now be heard on KAAM (770 AM) on Mondays and Tuesdays at 1:00 p.m. and Saturday at 2:30 p.m. Prior shows (topics are categorized) can be heard as podcasts on Sound Cloud as indicated on our website www.dallaselderlawyer.com.

CONVICTED ELDER ABUSER ENTITLED TO CLAIM FOR PAY DESPITE BEATING UP 88 YEAR OLD CLIENT/PATIENT - DOES CRIME PAY?

Court has ruled that a caregiver, who was charged with felony criminal neglect of an elderly person, felony aggravated domestic battery and felony assault with battery of a senior, was entitled to pursue a claim to be paid for her caregiving services.

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TEXAS COURT RULES AGAINST PENALIZING INCAPACITATED MEDICAID APPLICANT IF NO REPRESENTATIVE APPOINTED

On May 24, 2019, a Texas appeals court ruled that if an incapacitated Medicaid applicant does not have a guardian appointed, then the resources of the applicant should be considered unavailable for Medicaid eligibility purposes.

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FIVE COMMON MISTAKES AT WILL SIGNING

Mistakes made during the signing of a Will are frequently the cause of litigation. Some of the common mistakes are as follows:

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SUCCESS STORY OF THE MONTH - PROTECTING THE LOAN ON PARENTS' HOME FROM MEDICAID ESTATE RECOVERY - LADYBIRD TO THE RESCUE

Parents own homestead as their major asset. Their health is beginning to decline, and neither of them have long-term care insurance or enough income or assets to pay for long-term care.

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COURT RULES CAREGIVER DAUGHTER COMPENSATION RESULTS IN MEDICAID TRANSFER PENALTY

Daughter quit her job to take care of her mother at daughter’s home. There was no written agreement. When the mother went into a nursing home and applied for Medicaid, a transfer penalty was assessed based on the amount she paid her daughter.

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IRS GIVES DETRIMENTAL TAX RULING TO SURVIVING SPOUSE NOT NAMED AS BENEFICIARY

A recent ruling by the IRS demonstrates the importance of naming a spouse as the beneficiary of an IRA in which the surviving spouse has a community property interest.

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