Elder Law

Let rich Aunt Meg die without a will and then just wait for the swarm of heirs to descend on her estate.  You won’t be able to move through her mansion living room without stepping on one. There is an orderly process of inheritance under the law.  It is called the law of descent and sets out the order that Aunt Meg’s kindred will inherit. A kin who steps into line...

Several years ago I had a probate consultation with three very nice people whose great-aunt had recently died.  They apologized for their somewhat disheveled appearance and explained that they had spent the day dismantling furniture, prying up floorboards and digging up the backyard of their great-aunt’s residence.  It seems that their great-aunt did not believe in banks, and so she kept her savings in cash and hid it in...

MERP is the Texas Medicaid Estate Recovery Program. Its sole purpose is to seize money from the estates of deceased Medicaid recipients and then plop the recovered funds back into the state’s coffers. The government, acting through a contractor called Health Management Systems, Inc. (HMS), does this by filing a claim in probate.       Why is this a prudent financial maneuver by the government? Because although Medicaid is a needs-based program,...

Here is recipe for disaster: take one Texas hail storm, add a senior with an older home and some savings, mix in a shady home repair contractor, and season liberally with the Texas standard home insurance policy. Home repair or contractor fraud is a frequent flier on the top 10 lists for senior financial scams.  Let us take a moment and put home repair contractors, which includes roofers, in their...

If the impact of COVID-19 were to be illustrated by only one picture, it would be that of a grandfather and grandson, separated by a nursing home window, reaching out to touch each other’s hand through the glass.      Pitiful as that scene is, even that amount of limited communication is not being offered by some nursing homes.  If you are one of the families being denied visits or information by a...

In recent years, the traditional nuclear American family that prevailed in the years following World War II – father, mother and children all living together – has undergone a number of societal strains and changes, including the frequency of divorce and an increasing number of single-parent households. Consequently, census figures reveal that today, 1 in 10 American children live with a grandparent, and that statistic includes approximately a quarter...

Super-Powers at Your Service Let’s see – are you a resident of Texas?  Check. An adult? Check. Age 60 or older? Check. Congratulations!  You are guaranteed Super-Powers.  These extra-special powers, which go by the catchy name of Rights of the Elderly, have to be accorded to you by convalescent and nursing homes, home health services, and alternate care services provided to you in your home, neighborhood and community. In fact, each one...

Finally, a column that is not related to the Coronavirus. Enjoy! For years, decades, even centuries, you have been able to designate in advance your agent to handle a multitude of different matters:  your will, your finances, your medical decisions, even your funeral. What you have not been able to do is designate a person to handle your social security.  Until now, that is. Ta-da! On April 6, 2020, with relatively...

When a family member or other loved one dies, the natural response is to feel overwhelmed. However there are some very practical and legal matters that need to be attended to “immediately if not sooner”. What Happens To a House When The Owner Dies? Sad as it may seem, when a person dies his property becomes at risk. Sometimes friends and family use this as an opportunity to help themselves to...

The COVID-19 pandemic has generated waves of mental health concerns, both for people who have previously struggled with mental illness and for those who have not.  The current uncertainty and widespread panic would shake even the most stolid of hearts.  Consider a situation in which you, a friend, or a family member is experiencing anxiety, fear, depression, or other mental health concern.  Who are you going to call? I’ll give...

Allow me to introduce you to Diogenes syndrome. It is a particularly unpleasant behavioral disorder whose sufferers are often elderly. Diogenes syndrome is hoarding on steroids. It is characterized by squalor in the home, hoarding and extreme self-neglect. Think 100 cats kept in a 2-bedroom house, stacks of papers to the ceiling that make hallways impassable, rooms full of garbage, or compulsive buying of unneeded items that accumulate on every...

The Texas law of descent and distribution is a bit complex so, just for fun, let’s kill off Bob, an imaginary person who lacked the foresight to have a will, and see how the law applies to his estate. If you are reluctant to play the game, just remember that you could be personally touched by the law if you live in Texas, have relatives in Texas, or have...