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Paul Premack, JD, CELA*
Counselor at Law
8031 Broadway
San Antonio, TX 78209
210-617-3091 or
210-826-1122
 

 
Senior Texan Legal Guide
 
 Edition 5.0, The Senior Texan Legal Guide

 Adobe Reader


*Paul Premack is Certified as an Elder Law Attorney by the National Elder Law Foundation as accredited by the Texas Board of Legal Specialization and the American Bar Association. For more information, click here.
 


 

Texas Elder Law Resource Center
Paul Premack, JD, CELA

 


To sign up for a free weekly eNotice with a link to Mr. Premack's weekly online column at the Express-News website, click here.

 

 

Topical Index

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or use your browser's search feature to look for a word in this index (control-F).

 

-A-

 

A-B Trust Helps Reduce Estate Taxes

Access to Medical Records

Account Setup: Convenience-Survivorship

Adoption by Estoppel

Adoption: Is "son" adopted? Can he inherit?

Adult Son & Mother have dispute over Home

Advance Directives - 1989

Advance Medical Directives: Non-compliant Facilities

Affidavit of Heirship & Probate

Affidavit of Heirship: impact of false affidavit on inheritance

Agent's Account to 3d Party

Agent's Duties

Agent: What about being Paid for Services Rendered?

Alternate Agent: How to Activate Authority

Alternate Agents: Wise to Name Them

Am I Liable for Dad's Medical Bills?

Anatomical Gift Declaration

Anatomical Gifts in Texas

Annuities and Medicaid

Another Scam to Avoid

Answers to Two Realty Issues

Appointment of Different Executor

Assisted Suicide before Supreme Court

Avoid Probate with Preplanning

Avoiding a Will Contest

-B-                                                       Back to Top

Bank as Executor -&- Delay in Probate

Be Persistent with DPOA

Best Way to Add Spouse's name to Deed

Beware Credit Email

Business Structures for Self Employed - 1991

-C-                                                        Back to Top

Can Agent Be Reimbused?

Can Agent Revise my Will?

Can Brother Keep Survivorship Funds?

Can Credit Union Refuse a Legal Power of Attorney?

Can Homestead be Lost over Credit Card Debt?

Can Illegitimate Child Inherit?

Can Millionaire use living trust to get Medicaid?

Can ROS be Challenged?

Can Spouse Change other's Will?

Cancellation of Life Estate & Annuities in Trust

Capacity to Sign Legal Docs

Changing/Amending a Will

Charitable Gifts from IRA Accounts

Child Support Arrearage Creates Claim on Decedent's Estate

Codicil: what makes one legally valid?

Co-Executors -&- Miller Trusts

Coexecutors -and- Gift Deed

Community Property Creation Agreement

Community Survivorship - 1989

Conservation Easement Preserves Land

Control Inheritance Rights

Controlling who Makes Your Decisions

Converting Separate into Community Property

Costs of Medicare Prescription Drug Plan

County Records Online

CPSA: Fixing Some Misperceptions

CPSA OK for Converted Assets

CPSA Valid Legal Tool

Creating a Trust for Someone Else

Creating an efficient Texas Will

Custody of Grandchild & IRS Pub 1457

-D-                                                        Back to Top

Declaration of Guardian - 1989

Deducting Long Term Care Expenses

Deeming of Resources

Determination of Heirship

Devisee Can Find Out What Will Says

Difference Between Trust & Will

Directive or DNR or Both?

Directive to Physicians: Interference & Backup

Disclaimers Under Medicaid

Disclaiming a Survivorship Account

Disinheriting Someone in your Will

Divorce & Your Will - 1990

Divorce Can Change Will's Devisees

Divorce can End a Living Trust

Divorce NOT first choice for Medicaid Planning

Divorce: Can Incapacitated Elder get Divorced?

Divorcee still due ex-husband's insurance policy proceeds

DNR Orders

DNR orders vary depending on patient's location

Do mid-size estates always avoid probate?

Document may not be a Will

Does Deeding Home Help for Medicaid?

Does Will Trump Trust?

Driving is a Privilege

Driving: Older Drivers have tighter license renewal requirements

Durable Power of Attorney - 1989

-E-                                                        Back to Top

Effect of Gifts to Spouse on Estate Taxes

Elderly Parent in Partnership

End of Life Choices

End-of-Life choices - How to Document

Equity Loan is Debt that Forces a Probate

Estate Planning & Divorce - 1993

Estate Tax: 2010 Tax Decrease & Increase, Uncertainty

Estate Tax Planning with a Living Trust

Estate Tax "Repeal" Temporary

Estate Tax Exemption $1.5M

Estate Tax on Alien

Estate Tax Rates & Proposals

Excluding Children from Inheritance, Medicaid Deeming

Executor Bound by Will

Executor's Fees

Exploitation, Even by Marriage, Has Legal Cure

Exploitation of Senior: Protection of Assets

Exploitation should be Investigated 

-F-                                                        Back to Top

False Claim to Heirship may be a crime

FDIC: Higher Limits are Temporary

FDIC Improves Insurance Coverage

FDIC Living Trust Rules

Felon's Rights under a Will

Fiduciary Duty of Agent

Finding a Lawyer -&- Adverse Possession

Finding Traces of a Will

Force Waiver of Advance Directive

Foreign Living Trust needs Modifications

Fraud Alert

Funding Trust, Pour-Over Will

Funeral Director Advice on Probate is Wrong

-G-                                                        Back to Top

Gift Tax on Large Transfers

Gifting, Expanded Charitable Deduction

Gifting at year-end, Exemption increases to $13,000

Good Samaritan Shelter

Grandparent Rights are Limited

Grandparent Rights do not allow Abduction

Grandparent Rights take backseat to Parent Rights

Guardianship Fundamentals

Guardianship: Options & Process

Guardianship Venue -and- Gift Taxes

Guardianship: who is disqualified from serving? 

-H-                                                        Back to Top

Handwritten Changes to Wills

Has Father Changed His Will?

Has Son Kidnapped Mom?

Head of Household on 1040

Health Care Reform: No Kill Granny Provision in Proposal

Health care reform: Effect on Seniors

Heir as Owner & Distributor

Heirship Errors and Bank Errors

HIPAA Commentsfrom Govt Too Reassuring

Holographic Wills - and - Free Wills Clinic

Home Alone

Home Equity Line of Credit

Homestead 65+ Benefits

Homestead Exemption in Living Trust

Homestead Occupancy Rights do not Extend to 2d Spouse

Homestead Protection from Creditors

Homestead Tax Exemption - 1989

Homestead: Separate or Community?

Homestead: Spousal Ownership and Occupancy

Hospice & Dying at Home

How does Medicaid handle Mineral Royalties?

How Does Probate Work? (Part 1)

How Does Probate Work, part 2

-I-                                                        Back to Top

In Terrorem Clause in a Trust

Inheritance by "Missing Person"

Inheritance Rigths in Adoption Changing

Injury to an Elder

Insolvent Estate: can POD account be recalled?

Intestacy Laws make no Gender Distinctions

Intestacy, IRA as Community

Irrevocable Living Trust

Irrevocable Trust: Can it Pay for Grantor's Illness?

Is a hurried Will any less Valid?

Is Agent Liable?

Is Handy Form Valid?

Is Tube Feeding Mandatory?

Is Your Credit Shelter Obsolete?

-J-                                                        Back to Top

Joint Agents in Durable POA

Joint Tenants & Medicaid

Joint Account language

-K-                                                        Back to Top

Keeping Control with Person of Choice

Keeping Estate from Deadbeat Son-in-Law

Keeping Relatives at Arm's Length

-L-                                                        Back to Top

Lady Bird Deed (enhanced life estate deed)

Lady Bird Deed not just for Medicaid

Land: Reasons to Keep, Reasons to Gift

Larger Estate: Issues must be Considered

Legal Control of Obsessive Hoarder?

Legal Self Help Software

Legislative Session 2009: Bills to Watch

Legislature Changes Probate Laws

Letter to Atty Does Not Change Will

Liability for Nursing Home Bill

Life Estate

Life Estate Ends upon Death of Holder

Life Estate Restriction in a Will

Life Insurance Beneficiary -&- Statute of Limitations

Life Insurance Beneficiary after Divorce

Life Insurance: Can Huband Leave Wife Off as Beneficiary?

Life Insurance for Young Families

Life Insurance: Think Twice Before Surrendering Policy

Limitations May Bar Fraud Claim

Limits on CPSA

Limits on Probate and Executor

Limits on Probate as Muniment of Title

Living Trust and Quitclaim Deed

Living Trust: Can Distribution be Renegotiated?

Living Trust: Deeper than Right of Survivorship

Living Trust: Homestead Tax Break

Living Trust: Separate Property Issues

Living Trust should include contingency plan

Living Trust useful in Second Marriage

Living Trust: What to do when the Grantor dies

Q&A on Living Trusts - Part 1

Q&A on Living Trusts, Part 2

Locating the Will and other Legal Docs

Long-Distance Management

Look to Affidavit of Heirship for Answers

Lucid Moment Enough for Capacity?

-M-                                                        Back to Top

Mail Delivery, Guardian's Role

Marriage: does fiance's house become community property upon marriage?

Medicaid Barriers: Joint accounts, house, income

Medicaid "Deeming" of Resources

Medicaid & Sale of Home

Medicaid & Trusts - 1992

Medicaid and Homestead Protection

Medicaid and Trusts

Medicaid Annuities
and more on Medicaid annuities

Medicaid Asset Protection

Medicaid Estate Recovery Hearings

Medicaid Estate Recovery Regs

Medicaid Lookback - and- Durable Power of Attorney

Medicaid Planning Scams

Medicaid Proposals would Harm Elderly

Medicaid QIT / Miller Trust

Medicaid: Miller Trusts

Medicaid Restrictions, Personal Service Contracts

Medicaid when Spouses are in Two Different States

Medicaid: Proof of Citizenship Status

Medical Choices: Can they be made by common law spouse?

Medical Consent can be given in Several Ways

Medicare - Marketing, Discounts, Costs

Medicare Drug Discount Cards

Medicare Drug Plan Helpful?

Medicare Part B Premium Surcharge

Medicare Part B Premium Surtax

Medicare Part D Deadline

Medicare Prescription Bill

Medicare Savings Programs

Memorandum to Will

MERP and Probate Avoidance

MERP Final Rules Effective

MERP Update

Miller Trust: When to Create One

Mineral Royalties & Executors

Missing Person Presumed Dead?

Mom can't do this! (Can she?)

More on Executor's Fees

More on Intestate Estates

More on Muniment of Title

Moving to Texas

Moving to Texas

Must All Wills be Probated?

Must Children Support Aging Parents?

-N-                                                        Back to Top

Natural Child vs Second Spouse

Never Prepare a Will for yourself or a family member

New Case on Grandparent Rights

New Laws from the Texas Legislature (2009)

New Medical Advance Directives Act

No "right" to Inherit

Non-Testamentary Assets

Non-testamentary Assets and being specific in your Will

Notary Cannot Give Legal Advice

Notice When Will is Probated

Notices to Heirs -and- Storing Estate Documents

Nuances of the 65+ Property Tax Exemption

-O-                                                        Back to Top

Obtaining Title to Home

Options to Qualify for Medicaid

Online Preparation of Legal Documents

Oregon Assisted Suicide Upheld

Organ / Cornea Donation

Overcoming the Statute of Limitations on Probate

Owning Land Outside of Texas

-P-                                                        Back to Top

Passing an Automobile

Passing Title to Mineral Interests

Paternity & Inheritance

Paternity can be determined in court proceeding

Paying Decedent's Debts -&- US Savings Bonds

Pending Legislation

Pets: Estate Plan can include provisions for future care of pets

Physical Disability & Signing Documents

Planning for Alzheimer's Legal Challenges

Planning for your Pets

POD on Brokerage Account

Power of Attorney: Does it Expire?

Power of Attorney Ends on Death

Power of Attorney must be Durable to Help

Durable Power of Attorney: Statutory Form is Flawed

Power of Attorney: Revocation should be in Writing

Prescription Medication Imports

Presumption of Competence

Pretermitted Child or Grandchild

Primary Health Ins - Before vs After Retirement

Probate helps in sale of home after parent dies

Probate: Moving a Reluctant Executor to Action

Probate / Home Title

Probate Avoidance for Spouses

Probate is needed in Accidental Death Claim

Probate needed to claim late-discovered assets

Probate Notices -&- Retention of Finished Probate Papers

Probate: Simpler Estate may be able to use Affidavit for Probate

Probate to Transfer Title

Probate When Spouse Dies

Probate: Realty / Debts

Property Tax Breaks, 65+

Property Tax Deferral

Property Tax Deferal May violate Agreement

Property Taxes: Does Remarriage End the School Tax Freeze?

Proposal Would Limit Medicaid

Pros & Cons of Gifting House

Pros & Cons of Living Trust

Protecting Account from Joint-holder's Liabilities

Protecting Spouse in 2d Marriage

Punitive Changes to Medicaid Rules

-Q-                                                        Back to Top

Q&A on Living Trusts - Part 1

Q&A on Living Trusts, Part 2

QMB: Help Paying for Medicare

Qualified Income Trust - see: Miller Trust

-R-                                                        Back to Top

Reading of the Will

Reading of the Will, etc.

Refusing Resuscitation is Legal

Repeal Medicaid Criminalization Law

Replace 10 yr old Medical Directives

Reports by Guardians

Residential Construction Commission

Resolve to Update Legal Documents

Retirement Benefits as Community Property

Reverse Loss of Legal Rights? - 1994

Reverse Morgage Fraud?

Reverse Mortgage and Homeowner Insurance

Reverse Mortgage Counseling

Reverse Mortgage may affect Public Benefits

Reverse Mortgage may be a way to pay for at-home care

Reverse Mortgage Very Expensive

Reverse Mortgages, Part 1

Reverse Mortgages, Part 2

Right to Make Will & Choose Heirs

Rights of the Second Spouse

-S-                                                        Back to Top

Sale of Home by One Spouse Only

Savings Bond Beneficiaries

Savings Bond Survivorship

Savings Bonds May Pass on Death

Schiavo Case Viewed Thru Texas Lens

Second Marriage & Medicaid

Separate Property -&- Dangerous Driving

Separate Property Issues

Serious Legal issues call for Attorney's help

Should Agent-Executor be given rights of survivorship?

Should I Believe the Living Trust Ads?

Should the Kids Buy the Parents' House?

Size of Estate when Pondering Trust

Social Security for Household Employee

Social Security Protection Act

Spendthrift Trust in Will

Spendthrift Trust to Protect eir

Spousal Liability

Spousal Liability - and - Probate Issues

Springing Durable Power of Attorney

Springing Power of Attorney

Statute of Limitations, Will Contest

Step-up in Basis -and- Intestacy

Step-Up in Basis, etc.

Surviving Spouse Homestead Rights

Survivorship and Lifetime Management are Different

Survivorship in Community vs. Separate Property

Survivorship Rights are NOT Automatic, Part I

Survivorship Rights are NOT Automatic, Part II

Survivorship Rights Upheld by Court

Enforcing Survivorship Rights after a Death

-T-                                                        Back to Top

Tax on Social Security Earnings

Tax: 2010 Capital Gain Tax increase links to Bush Administration

Taxes on a Survivorship Account

Taxes on Homestead Occupancy

Texas inheritance tax

The "Marital Deduction" in Estate Tax

Title Transfer - Simple vs. Secure

Tranfer of Assets to Get Medicaid becomes a Crime

Transfer of House Problematic for Nursing Home Residents

Transfer on Death of Securities

Trust can Limit In-Law Influence

Trust can Solve Second Family Dilemna

Trust Changes -&- DNR Orders

Trust for Care of Pet

Trust Mills Illegal

Trustee Breach of Duty

Trustee's Fees -&- Joint Home Ownership

Two Intestacy Issues

Two Simple Probate Procedures

-U-                                                        Back to Top

Unclaimed Funds

Update Living Will - 1989

Update: Medicaid Estate Recovery Program

US Bill of Rights

Using Co-Trustees

Using Unrecorded Deeds is Poor Planning Choice

Using DPoA to Change Trust

Using MPA with Alzheimer's Patient

Using Muniment of Title

Using POA to Avoid Probate

Using Software or Form for Will

-V-                                                        Back to Top

VA Aid & Attendance Program

Validity of Will - Many Factors

Venue for Probate

Venue: Where Can Probate be Filed?

Very Old Will and Power of Attorney

Voting Assistance for Elderly

Voting for Seniors and Disable Persons

Vultures are Circling

-W-                                                        Back to Top

Ways to Avoid Probate

Ways to Give to Others

When you Move to Texas...

Where to Store Legal Documents

Who can File Will for Probate?

Who Controls Bypass Trust?

Who Do I Trust re Medical Decisions?

Who Gets Inheritance & IRA?

Who Makes Funeral Decisions?

Why a "Pour-Over" Will?

Why have a Will?

Will can be Superseded by other Legal Plans

Will Collection be Taxed at my Death?

Will Contest: Likelihood with Unmarried Cohabitation

Will Controls Inheritance -&- Funding Bypass Trust

Will only disposes of items still owned on date of death

Will Dominates over Intestacy Laws

Will Gift Avoid Estate Tax?

Will Inheritance Tax be Revived?

Will is Typed & Handwritten

Will: Options may exist when Old Will undesirable

Wills: Even Younger Adults Need Them

Wills: Lack of Contingency Plans cause Trouble

Wills: Fixing Some Misperceptions

Wills: Proper Capacity is necessary to make legally binding choices

Wills: Survivor's Will Determines Who Inherits

Wills with CPSA

Wills: You Must Have a Backup Plan

Wording Can Be Tricky

Wording in Will Does Not Eliminate Probate

X-Y-Z                                                       Back to Top

Year End Gifting

Young Parent Estate Planning