Adult child of a nursing home resident seeks planning to obtain governmental assistance for costly care.  The facility advises the adult child, “Don’t worry, we pay a company that you have to use, that will plan for you and apply for your mom – you don’t have to pay for anything”. This may sound great for the consumer, but it is actually a criminal act by both the company and the nursing facility under Texas law.  The reason for this to be illegal is quite simple – protection of the public.  Attorneys have to be licensed and should be knowledgeable in the areas of law in which ..read more

Carmen Thomas, 26, who found out through a DNA sample sent to 23andMe that she was the daughter of Joseph Brown, has sued Brown’s estate for failing to include her as a part of the wrongful death settlement with a hospital and 2 doctors.  The settlement was made after a judgement finding the hospital and doctors were negligent and caused Brown’s death. Joseph Brown was neither married nor did he have a will.  As a result, his closest heirs should be the beneficiary of his estate.  Although this was not a Texas case, under Texas law for determining heirship, the court appoints a ..read more

Although O.J. Simpson was acquitted in what may have been the murder trial of the century in connection with the death of his ex-wife Nicole Brown Simpson and her friend, Ronald Goldman, a California civil jury determined he was liable for $33.5 million dollars (which is now over $114 million due to interest accrued) for O.J.’s actions in their wrongful death.  O.J. moved to a debtor-friendly state (Florida) and (from his book described below) only paid $133,000 of the judgment against him.  So, can the Brown and Goldman families collect the balance of judgment from O.J.’s estate? O ..read more

Is a photocopied form signed by the testator (the one who makes the will), before 2 witnesses a valid will? What if the will is only initialed by the testator? What if the testator signs with an “X”? What if the will was signed by only 1 witness, but the will was notarized? The answers may surprise you, but in some cases the answer to the questions above as to whether the will is valid or not is “yes” (although sometimes more proof is required). Under Texas law, an attested will must be 1) in writing, 2) signed by the testator and 3) attested by two or more credible witnesses who are at least ..read more

The recent Lifetime Network documentary series on the famed daytime television talk show host, Wendy Williams, has again put the spotlight on guardianship. A couple of years ago, Britney Spears conservatorship was in the limelight until she was “freed”. The cases are clearly different as Williams has cognitive issues as she has been diagnosed with frontal temporal dementia (which leads to a loss of function of the frontal and temporal lobes) and aphasia (which affects the ability to speak and understand speech). Well-known actor Bruce Willis also has frontal temporal dementia and aphasia. In t ..read more

Although planning for disability and death should always be considered in estate planning, the potential need for public benefits or loss of valuable public benefits (such as Medicaid or Veterans’ benefits) should not be overlooked. The following are a few examples of what planning options should be considered. Every will or trust should plan as if a beneficiary is disabled Contingent disability trusts in a will or trust should be considered if an individual is a beneficiary. Even if the beneficiary has sufficient assets or is not presently disabled, the beneficiary may not be competent or h ..read more

U.S. Congresswoman Jan Schakowsky of Illinois has proposed a bill that would end Medicaid estate recovery (Medicaid estate recovery is the process to recoup care costs such as nursing home care, care at home, medications, etc.) from the estate of the deceased Medicaid recipient. Typically, the most common resource that the state seeks reimbursement is from the recipient’s home (although sometimes other exempt resources under Medicaid rules such as cars, mineral interests, businesses essential for self-support, etc. are also pursued). The congresswoman has proposed the bill for 2 main reasons ..read more

It is very common for a minor to be named as a beneficiary of a will or trust. However, since a minor is presumed to lack capacity under law until reaching the age of majority, different planning options should be considered. Even when a child reaches the age of majority (18), will the child be mature enough to astutely manage the inheritance? Generally, the answer is “no”. There are several ways to transfer assets to a minor or someone not mature enough to handle money or assets at your passing as follows: Contingent Trust Within Your Will or Trust Probably the most common planning method ..read more

Irrevocable trusts (including trusts created within a will as well as irrevocable trusts created within a revocable living trust) give guidelines to a trustee as to how distributions are to be made in accordance with your desires.  Some prefer mandatory distributions (i.e., trustee must give $1000 month for 10 years). Some prefer “wholly discretionary” trusts whereby the trustee has sole discretion to make distributions as determined solely by the trustee.  The typical wording is that “the trustee may (or shall) make distributions to the beneficiary or beneficiaries in its sole and a ..read more

“Life is worth living as long as there’s a laugh in it” was stated in the book “Anne of Green Gables”. There can even be laughter at death as some of the following will provisions illustrate. There are also weird bequests some of which are provided for amusement. Here are some of my favorites: Sarcastic Remarriage Provision Famed German poet Heinrich Heine bequeathed his entire estate to his vain spouse, Matilda, on the condition she remarry. Although that may have sounded like he wanted her to have a happy life after his death, the will went on to say “there will be at least one man who wil ..read more