Dallas Elder Law Attorney

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.

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.

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.

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.)

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.