Your estate is comprised of everything you own—your car, home, other real estate, checking and savings accounts, investments, life insurance, furniture, and other personal possessions.  No matter how large or how modest, everyone has an estate.  With advanced planning, you can control which assets will be disposed of in accordance with your Will and/or Trust and which assets will be disposed of outside of your probate estate.  A majority of bank accounts, retirement accounts, and life insurance policies will transfer ownership at death through payable on death designations (POD), joint tenancy with right of survivorship agreements, or a designation of a beneficiary. 

To protect a loved one’s personal and financial interest, you may need more than the durable and medical power of attorney. A guardianship of the person and/or estate provides the guardian the Court-approved authority to act on behalf of a loved one. A Guardianship procedure is a request to declare a loved one incapacitated and unable to handle medical and/or financial decisions. Clients pursue guardianship when a loved one has been or is at risk for becoming victimized by fraud, theft, or undue influence. The Court may also remove the incapacitated person’s right to drive, vote in public elections, marry, and consent to medical treatment.

ABUSE, NEGLECT, OR EXPLOITATION

If you suspect a loved one or any adult is the victim of abuse, neglect, or exploitation, please contact Adult Protective Services at 1(800) 252-5400 or visit the Department of Family and Protective Services Abuse Report page.

DFPS – Texas Adult Protective Services (APS)

If you do not have long-term care insurance, you may discover paying for skilled nursing care is not affordable for a long period of time.  This Firm assists clients in applying for Medicaid benefits to cover the room and board expenses related to skilled nursing home care.  Eligibility for Medicaid benefits requires adherence to strict asset and income rules.  For sixteen years, this Firm has assisted clients understand the eligibility rules that apply to their specific facts.  The loved one needing skilled nursing home care’s eligibility criteria will be based on whether that person is married or single and whether any assets have been transferred for less than fair market value.  A spouse who continues to live at home, may qualify for a spousal allowance for income, assets, or both.   In general, one home, one vehicle, and an irrevocable pre-need burial or cremation policy are exempt resources and not counted to determine eligibility for nursing home benefits provided by Medicaid.   A review of the individual’s unique financial situation will identify potential eligibility roadblocks. 

This Firm routinely represents clients who need to appeal an improper denial of Medicaid benefits.  A timely filed appeal will preserve the initial requested eligibility date. 

This Firm represents Executors and Administrators navigate the probate process.  Probate of an estate can be done when the person died with a valid Will or died without a valid Will, known as intestate.   If there is no valid Will, there are statutes that state who will receive the deceased person’s probate assets.   The facts of your case will determine what is the proper probate procedure and whether a second probate option is available.  Examples of the common probate procedures are:              

Small Estate Affidavit

Muniment of Title

Determination of Heirship

Independent Administration

Dependent Administration

Although you are not required to file for probate upon a loved one’s passing, the person possessing the original Will must deliver the Will to the County Clerk after the maker of the Will (known as the testator) has died.  If you should have offered the Will to probate and chose not to, your failure to probate a Will within four years of the Decedent’s death reduces the probate options and risks the transfer of title to the intended beneficiary. 

Common allegations that create a Will contest include claims that the Will not properly executed, the Will is a forgery, the person was under duress, or a bad actor unduly influenced the making of the Will.  Challenging or defending a Will is a lengthy procedure and can be pending for a year or more before it is resolved.  Gathering medical records, handwriting samples, and speaking with the witnesses and notary on the Will are essential to present your challenge to the Will’s validity as well as defending its validity. 

As an Executor or Administrator of an estate, you have a fiduciary duty to the other beneficiaries or heirs. You must keep complete records of everything you do on behalf of the Estate. Depending on the type of case, you may need to prepare and file annual accountings to the Court until the probate case is closed.  It is essential you have a qualified attorney assist you so you fulfil all of your duties and the estate is properly administered and distributed. 

We serve the following Texas Counties for Elder Law: Dallas, Ellis, Hood, Somervell, Johnson, Parker, Tarrant.