Dallas Elder Law Attorney

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.

Information Reporting Requirements Under the Corporate Transparency Act are discussed.

Differences between a Ladybird deed and a Transfer on Death Deed are discussed.

Relationships change. Health changes. Money changes. Laws change. Some of the items to consider are discussed.

New numbers for: (1) how much can be passed at death with estate taxation; (2) How much can be given annually per person without reporting to the IRS, (3) how much can be to a charity from an IRA to a charity without income taxation and (4) income tax brackets are discussed.

Richard Simmons' brother and his housekeeper are fighting over who can control the trust estate of the late weight loss guru.

Sometimes it is better to have a Will or sometimes it is better to have a Revocable Living Trust. The decision tree chart generally discusses situations when it is better to have one or the other (other factors are sometimes considered).

A special needs trust trustee has many roles as a trustee/fiduciary ranging from how to distribute funds to investing and filing tax returns. The various roles are discussed.

When is a bank liable for making payment to the "wrong heir"? A bank is not liable for following a court order or determining if the order was obtained by forgery or fraud of an applicant.