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.

Pros & Cons of Will & Revocable Living trust from an Elder Law Attorney’s Perspective | 11.6.2021

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.

Estate Planning Lessons Learned From 3 Recent Texas Court Decisions | 4 - 30 - 22

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.

Common Mistakes Of Executors | 10-18-22

Advantages and disadvantages of Ladybird (enhanced life estate) deeds in comparison to transfer on death deeds are discussed.

Ladybird Deeds Vs. Transfer On Death Deeds | 10-25-22

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.

Advantages & Disadvantages Of A Will & Revocable Living Trusts | 1 - 10 - 23

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.

Elvis and Lisa Marie Presley Estate Planning Mistakes  | 2-7-23

Examples of issues with assets passing with or without a will or trust, deeds, and beneficiary designations are discussed.

How Your Assets Are Transferred At Death Depends On Your Plan (or Lack Thereof) | 7 - 4-23

Estate planning options for the beneficiary with an addiction or substance abuse problem are discussed.

5 Ways To Plan Your Estate For A Child With A Drug Or Substance Abuse Issue | 7 - 25 - 23

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.

10 New Laws That Concern Elderly, Estate Planning, & Probate | 10 - 10 - 23

Differences between qualification for Veterans benefits and Medicaid benefits for care at home, assisted living, and nursing care are discussed.

VA vs. Medicaid Benefits | 10 - 31 - 23

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.

15 Benefits For Surviving Spouses | 11 - 14 - 23

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.

Avoiding Common Mistakes in Medicaid Application and Planning | 11 - 21 - 23

Several options for income tax reduction are discussed.

Options To Reduce Income Taxes | 12 - 12 - 23

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.

Powers Of Attorney Success Story | 1 - 2 - 24

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.

Largest Unclaimed Funds Estate In U.S. History Being Contested | 1 - 9-24

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.

Exceptions To Nursing Home Medicaid Transfer Penalty Rules | 1 - 16 - 24

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.

Are Pet Trusts The "Cat's Meow"? | 1 - 23 - 24

A Texas case which decided whether the spouse (who was also the niece) of the deceased could be the beneficiary of his will.

A Will Contest That Would Make Jerry Springer Smile | 1 - 30 - 24

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.

Jay Leno's Estate Planning Mistake | 2-6-24

There are many common errors in drafting a will that is to be probated in Texas. The common mistakes to be avoided are discussed.

15 Will Drafting Mistakes For Texas Wills | 2 - 13 - 24

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.

A Green Thumb After Death - Human Composting "Circle Of Life" Laws Are Trending | 2 - 20 - 24

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).

George Carlin's Estate Sues Since AI Fake Comedy Podcast  | 2 - 27 - 24

Planning options for the benefit of a minor or someone too immature to handle funds.

Planning Options For A Minor Who Is A Beneficiary | 3-5-24

Weird and hilarious Will provisions actually used.

He Who Laughs Last, Laughs Best - 12 Of The Funniest & Strangest Will Provisions | 3-12-24

Different distributions to a beneficiary from a trust.

Is There A Standard For Trust Distributions? | 3-19-24

Use of annuities in planning for long term care Medicaid eligibility are discussed.

4 Ways To Use Annuities For Asset Protection In Government Care Costs In Texas | 3-26- 24

Exceptions and options to avoid Medicaid estate recovery in Texas  - How to save my home and other assets from reimbursement to the state.

Bill Introduced To Eliminate Recovery Of Assets Of A Medicaid Recipient By The Government | 4 - 9-24

Legal documents Wendy Williams could have had to make things easier on the family.

The Estate Planning Mistakes Of Wendy | 4-2-24

Michael describes common mistakes when making a will and what makes a will valid.

What Makes A Will Valid  | 4-16 24

Planning for disability and death often is different when public benefits are involved or potentially involved.

Estate Planning From The Perspective Of An Elder Law Attorney | 4-23-24

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.

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