As people get older, they often need to rely on others for various kinds of help and are more likely to suffer from Alzheimer's disease or other forms of dementia. Consequently, as people age, they are more vulnerable to being financially taken advantage of, sometimes even by people they trust. A recent study by AARP estimates that financial exploitation costs adults aged 60 and older $28.3 billion annually. [1] Fortunately, there are some proactive steps that can be taken to prevent financial abuse before it occurs. In addition, older people and the family members and friends acting on their behalf have protective and remedial actions available if they discover that financial abuse has occurred. What Are Common Forms Of Financial Abuse Of Elders? There are several types of financial exploitation of elders to keep an eye out for: Forcing or deceiving an older person into signing legal documents such as a will, trust, power of attorney, or financial documents Using or taking money or other assets without the elder’s permission or through deceptive means Preventing a senior from accessing or…Read More
To properly assist clients, elder law attorneys must juggle knowledge of a number of different public benefits programs, many of which have unique eligibility requirements. Additionally, with multiple planning strategies and instruments available to assist clients with public benefits, attorneys must also stay apprised of their distinctions. This blog is intended to provide both a definitional foundation and an up-to-date reference for the current year’s figures. It is best used as a supplement to your own research; it is not intended to be, and should not be considered, legal advice. Medicaid A needs-based, means-tested government healthcare assistance program administered jointly by federal and state governments. Who Qualifies? Individuals, couples, and families living on limited income and assets (generally, $2,000 per month in most states). Medicaid also generally covers indigent children, pregnant women, and individuals living with a disability, including those who are institutionalized. Important notes: Medicaid rules may differ greatly by state. The median nationwide nursing home cost for a private room is $10,646 per month (2025). Planning is advised at least five years prior to seeking Medicaid eligibility, with…Read More
In this article, you can discover… The purpose of a guardianship hearing, and what to expect. The documents you should bring with you to the hearing. What happens when a judge denies a guardianship request. What Is The Purpose Of A Guardianship Proceeding In Texas? A guardianship proceeding in Texas determines whether an individual requires a legal guardian to manage their affairs and/or property. This process is designed to protect the proposed ward while ensuring their rights are not unnecessarily restricted. Individuals whom guardianship is generally intended for include: Minors With Assets: If a child under 18 has assets that cannot be managed by their parents, a legal guardian of the estate may be appointed. Adults With Disabilities: Those who are incapacitated and require ongoing care may need a guardian of the person and/or estate even after turning 18. The Elderly: Those suffering from dementia, Alzheimer’s, or other incapacities may require a guardian to make financial, medical, and personal decisions on their behalf. In a guardianship proceeding, the court will review medical evidence, testimony, and legal arguments to determine: If…Read More
Including digital assets in your will is crucial because, like physical property, they hold value and require proper management after your passing. Without specific instructions in your estate plan, these assets may be distributed according to state intestacy laws. This can result in your digital property being inherited by someone you did not intend or becoming inaccessible entirely. Failing to address digital assets can also create challenges for your heirs. Without clear guidance, they may struggle to access accounts or navigate legal and company policy restrictions. By including digital assets in your will, you simplify this process for your loved ones and ensure your wishes are honored, protecting both the value and the legacy of your digital property. Keep reading to learn more about: One of the top assets people forget about when planning their estate – and how to avoid that from pushing you over the federal tax threshold. What you need to look for when choosing someone to help you manage your digital assets in an emergency. The real truth about the risks of online estate planning and…Read More
In this article, you can discover… The importance of estate planning for Texans The benefits of trusts over wills How a caring attorney can help you meaningfully navigate estate planning What Is A Will And Why Is It Important To Have One In Texas? A will is essentially a document wherein you describe in detail how and to whom you want your possessions, property, and finances to be distributed after you have passed away. As an attorney, I often advise my clients to set up trusts as opposed to wills. A will forces your loved ones to go through an elaborate and sometimes very lengthy legal process known as probate to prove that the will is valid and binding, and this can tie up your assets for months, and in most cases, years. A trust, on the other hand, helps your loved ones and beneficiaries avoid probate and makes the transfer of assets far more private, efficient, and cost-effective. What Happens When Someone Dies Without A Will? If you pass away without a will, the laws of intestacy apply. These…Read More
In this article, you can discover… How to consider and choose a guardian for your minor children. Must-have estate planning documents for Texas families. How to navigate and adapt trusts as your children grow. What Criteria Should I Consider When Choosing A Guardian For My Minor Children? Above all, ask yourself if you trust that person. Are they going to raise your children according to your wishes? Do you have the same values? How well do you know them? Do they get along with your family? These are important guidelines to consider as you weigh who you would like to designate as your children’s legal guardian should you pass away before they reach adulthood. What happens if you do not have a guardian in place? If one parent is deceased, the surviving parent is the natural guardian of the person of the minor child(ren) and is entitled to be appointed guardian of the minor’s estates. If both parents are deceased and the last surviving parent did not appoint a guardian, the nearest ascendant in the direct line of the minor…Read More
In this article, you can discover… What to do immediately after a DWI arrest in Texas. Factors that impact the severity of your charges. The role of an ALR hearing in retaining your driving privileges. What Blood Alcohol Concentration Levels Can Result In A DWI Charge In Texas? A blood alcohol concentration (BAC) of 0.08 or above is considered legally intoxicated in the State of Texas. Authorities could also arrest you if your BAC is lower than 0.08%, yet your driving shows signs of impairment. What Aggravating Factors Enhance Penalties In Texas DWI Charges? Driving with a 0.15% or higher BAC immediately enhances your first DWI charge to a class A (as opposed to a usual class B) misdemeanor and can land you in county jail for up to one year and/or a fine of up to $4,000. If you have a previous DWI conviction, a second DWI arrest will be charged as a class A misdemeanor, regardless of your BAC. Class B misdemeanors can land you in county jail for up to six months and/or a fine of up…Read More
Techniques That Just Do Not Work In navigating estate planning, it is crucial to recognize strategies that may fall short in achieving intended goals. Here I provide an overview of estate planning techniques that may prove ineffective or even counterproductive: Over-Reliance On Joint Ownership While joint ownership with the right of survivorship can avoid probate, it might not be the best option for asset protection or tax planning. It also puts assets at risk of being subject to the joint owner’s creditors. Improper Use Of Beneficiary Designations Misaligned or outdated beneficiary designations on accounts and insurance policies can lead to unintended distribution of assets. Assuming A Will Avoids Probate A will is a roadmap — and almost a guarantee — for probate. It does not circumvent the process whatsoever. Neglecting Digital Assets Failure to plan for digital assets like social media accounts, online banking, and digital files can lead to further complications many fail to foresee. Using Generic Or DIY Estate Planning Documents Generic documents may not account for individual circumstances or comply with specific state laws, potentially rendering them…Read More
Nursing Home Care Expenses Nursing home care expenses in Texas can be substantial, bringing about significant financial challenges for many. Costs vary by location and the level of care but easily come out to several thousands of dollars per month. This expense can quickly eat into savings, particularly if the situation is one where prolonged care is necessary. For many, covering nursing home costs out-of-pocket can be challenging without prior long-term care planning, to say the least. Exploring alternatives such as long-term care insurance, Medicaid planning, and other financial strategies is essential for addressing later-in-life medical and living expenses. These approaches can help alleviate the financial strain associated with nursing home care and ensure access to necessary medical services and support. Considering and implementing these options can go far to better prepare you for the financial challenges of long-term care and safeguard your financial well-being well into the future. Applying For Medicaid Applying for Medicaid in Texas is a process that requires careful consideration of specific steps and eligibility criteria. It is important you understand both when to apply and…Read More
Incorporating Real Estate Assets Into An Estate Plan Property ownership plays a big role in estate planning. Understanding how your property is titled — whether held individually, in joint tenancy, or as community property — dictates how it is to be transferred upon death. Trusts are a valuable tool for managing and transferring real estate assets since they can sidestep probate, provide tax advantages, and offer clear instructions for asset management, ensuring smoother transitions. In Texas, homestead laws hold a large amount of significance in estate planning, and understanding them is vital, especially regarding creditor protection and tax implications. When considering real estate in an estate plan, it is essential to assess any outstanding mortgages, liens, or debts associated with the property. These financial obligations must be accounted for in your estate plan. Estate liquidity is another critical consideration. It is important to ensure there is enough liquidity within your estate to cover taxes and debts without necessitating a forced sale of the real estate assets. For investment properties, particularly commercial or rental properties, succession planning is key. Having a well-thought-out plan…Read More
