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

www.dallaselderlawyer.com

Welcome to the April Issue of the

Texas Elder Law E-Letter

Our next free “Estate Planning Essentials” workshops will be held on Saturday, April 27, 2019 from 10:00 a.m. to noon or on Thursday, May 23, 2019 from 1:00 p.m. to 3:00 p.m. Seating is limited. 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 also having a Facebook Live Event on Saturday, May 4, 2019 from 10:00 a.m. to 11:00 a.m. Attendees of the live webinar (and the “Estate Planning Essentials” workshops) will be eligible for a free one hour vision meeting with Michael B. Cohen. Please RSVP to the “Facebook Live Event” by clicking here and then click “going” to submit your questions for Michael B. Cohen (you must be logged in to Facebook in order to RSVP). You may also submit your questions for the “Facebook Life Event” by clicking here.

Michael B. Cohen spoke to the Voya Financial Advisors on March 25, 2019 regarding the legal aspects of special needs planning.

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.

PROPOSED NEW LEGISLATION: ONE MORE WAY TO DETERMINE STATUTE OF LIMITATIONS FOR GOVERNMENT TO MAKE CLAIM AGAINST YOUR HOME

Although there are numerous ways to avoid a successful claim for estate recovery by the state government for Medicaid benefits, many people fail to adequately plan to protect assets that do not count for Medicaid eligibility from a successful claim by the state after the death of the Medicaid recipient.

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SMALL ESTATE AFFIDAVIT – CHEAPER OPTION TO TRANSFER ASSETS AFTER DEATH

If a Texas resident dies without a Will and the estate assets are less than $75,000, the distributees of the estate can be distributed the assets without waiting for the appointment of a personal representative if certain conditions are met.

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CASE OF THE MONTH - DOOR #1 OR DOOR #2?

Dad, a nursing home resident in a facility that accepts Medicaid, owns highly appreciated out of state real estate that has been in the family for decades and approximately $100,000 of cash.

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DILEMMA FOR SOME DISABLED – ARE YOU READY, WILLING FOR ABLE? PROS AND CONS OF SPECIAL NEEDS TRUSTS VS ABLE ACCOUNTS

The federal law called the Achieving a Better Life Experience (ABLE) Act gives some people with disabilities or their families to establish a tax-free savings account that will not count as a resource for Medicaid eligibility.

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PROPOSED LEGISLATION ALLOWS COURT ORDER TO DISCLOSE DIGITAL ASSETS

Digital assets are being used by most Americans, and since sometimes an asset such as a Facebook account is in the custody of the licensor, it is becoming more important for an independent executor or administrator to be able to get the content or be disclosed such digital assets.

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