This is a complicated question. It needs to be understood that my answer is limited to
What is a Trust?
A Trust is a contract. It is an agreement between the person(s) who create and fund theTrust (called Grantors or Settlors or Trustors), the person who will manage the Trustassets–Trustee, and the person(s) who get the use of the Trust assets-beneficiaries.
What is an End of Life Directive?
Texas uses two terms for the document used to describe end of life decisions making. It is called an Advance Directive or Physician’s Directive. It is a statutory form meaning our Legislature created a basic form that can be modified, but the core form must remain.
Office Practice Changes and COVID-19
I am adapting to the virus with everyone else. Since I live very close to my office I will maintain office hours and someone will be answering the telephone during office hours. As much as possible I will try to answer your questions by telephone or a digital video program such as Zoom, Skype or other program.
I Am a Fiduciary. What Do I Do?
Congratulations! You just got pegged to take care of someone or someone’s stuff. A fiduciary is a person in a position of great trust and responsibility. You are an agent, an executor or trustee. You probably have a family member who thinks...
Something every person who applies for Medicaid must prove is that there is a “medical necessity” for care. It seems rather obvious that if someone needs medical care that it is necessary, but as in all matters involving the government the obvious is not always simple.
Home care services through Medicaid: What you need to know
Home care services are a necessity for persons who want to stay in their home while disabled, but when it comes to home care services for persons over age 65 it’s important to understand your options because some of these programs are more popular than others. Read more.
Sued for debt? These 5 assets are protected in Texas
Texas has placed protections against creditors for married couples and families with minor children in our law.
Why Do I Need to Probate A Will?
Sometimes a person will come in and say they own a house because Mom left it to them in her Will, and then tell me the Will was never probated. Boom! The Will must be placed into the Court record before it is effective to transfer title (ownership) of property. Failure to probate a Will could result in you not getting title to the property given to you in the Will.
Explanation of What a Qualifying Income Trust Is and How It Is Used
I get many calls from people wanting to protect assets with a Qualifying Income Trust (QIT), first called a Miller Trust. This type of Trust is very useful in Medicaid Planning and applications. It does not protect assets, but it does help qualify Medicaid applicants for Long-term Skilled Nursing Care.