Dallas Elder Law Attorney

If an asset of a long-term care Medicaid recipient passes by his or her will or by intestacy, the government has a right to be reimbursed to the extent Medicaid benefits have been advanced. Additionally, there are situations where there is a reimbursement request for government benefits advanced outside of probate. This discussed 5 of those situations.

If you can't split the baby, why should you be able to partition frozen human embryos? A Virginia court rules that human embryos are a special type of property that cannot be partitioned since each embryo is graded differently.

Over 3 million Americans who received a lesser amount or no Social Security due to work not covered by Social Security are now or will soon be receiving an increase in Social Security due to the Social Security Fairness Act passed earlier this year. However, is it fair to all?

We explore how the classification of property (community vs. separate) could determine whether Hackman’s children or a charity walks away with the fortune. Estate drama and legal nuance collide—listen now to hear how this one might unfold.

This podcast updates celebrity estate planning or court cases contesting planning previously discussed regarding Rupert Murdoch, Charley Pride, Richard Simmons and others.

Six options are discussed when a senior refuses to stop driving even though safety may be an issue.

A houseboat can be a home under the Internal Revenue Code and under Medicaid eligibility rules, but it has no protection under bankruptcy or Texas Medicaid Estate Recovery rules. The various treatment of houseboats under different laws are discussed.

The 7-year estate battle over Charles Manson's estate continues as the court had a hearing rescheduled to determine if one of the contestants is an heir.

When one lives in another state at the time of death but owns assets in Texas such as real estate, there are several ways to probate a will in Texas so the property passes under the terms of the will.

Texas is a strong homestead state. Protection from seizure by creditors is greater under Texas law than under the federal bankruptcy plan. Differences are discussed in addition homestead protection under public benefits laws.

8 different property tax exemptions are discussed for those to qualify for less or no property taxes.

Tony Bennett's daughters have sued their brother, who is the trustee of the family trust that Tony Bennett established for trust mismanagement. They allege he used trust funds for his own personal benefit.

This case discusses why the court ruled that the daughter of the decedent, who was specifically disinherited in the decedent's will, was entitled to her entire estate. This demonstrates how important will drafting can be.

The will of Little Richard gave specific instructions of how to handle the publicity rights of his estate. His brother, who was also named as an executor in addition to being a beneficiary, failed to follow the terms of the will resulting in his removal as an executor and losing a share of the publicity rights.

There are beneficiary designations for vehicles, real estate, bank accounts, life insurance policies, but mobile homes are often only created as personal property and there is no present law permitting beneficiary designations in such event.

Proof of common law marriage is often required to be entitled to marital benefits. This article/podcast describes evidence needed.

Kellie Pickler is in a fight with her in-laws over certain personal property items. This discusses how to plan for distribution of personal property after your passing.

If a Medicaid applicant is single, there is an equity limit for your homestead for eligibility. This podcast not only explains the limit, but also how to protect your homestead for your beneficiaries should you even get government assistance for your care through Medicaid.

Medicaid assistance was retained even after the sale of the homestead (an exempt resource) which became cash by merely using rules on what is non-countable on using an exception under Medicaid transfer penalty rules.

Change is coming. Potential changes, impact and plannings are discussed.