What is a Lady Bird Deed and how does it relate to Medicaid?

A Lady Bird Deed, also known as an enhanced life estate deed or revocable life estate deed, allows a person to transfer his or her interest in property but retain a life estate with the ability to occupy and use the property for his or her lifetime. 

The most common use for a Lady Bird Deed is in Medicaid planning. Medicaid is a government program that provides assistance for persons with limited assets and income. To qualify for Medicaid, one must be blind, disabled, or over 65 years of age. In addition, one must meet both the income and resources limit discussed below. 

In determining the countable resources, certain items are excluded. One of the items excluded include a residence with a value of $500,000 or less (if there is an intent to return to the home). As a result, if you own a residence valued over $500,000 or if you own more than one property, you should inquire into a Lady Bird Deed.

 The Law Office of Andrea Casanova is located in Fort Worth, Texas. We specialize in Estate Planning, Probate and Guardianship law. We practice in Tarrant, Dallas, Denton, Parker, Johnson and Hood counties.

Call us today to schedule a free consultation at 817-523-1604!

LEGAL DISCLAIMER: This Blog/Web Site is made available by the law firm publisher, Law Office of Andrea Casanova, for educational purposes.  It provides general information and a general understanding of the law, but does not provide specific legal advice. By using this site, commenting on posts, or sending inquiries through the site or contact email, you confirm that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed attorney in your jurisdiction.

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What is the Average Monthly Cost of Nursing Home Care in Texas?

According to the Genworth 2018 Cost of Care Survey, conducted by CareScout, June 2017: 

In a Nursing Home, care in a private room will cost you $6,540 per month or $78,480 a year!

For Home Health Care services, where Home Health Aides come to your home, the cost is $3,813 per month or $45,756 a year!

For Adult Day Health Care, or day rehabilitation, the cost is $758 per month or $9,096!

These estimates do not include the cost of medications, doctor visits, or personal items such as clothing or bedding. The cost of care is rising each year. 

Are you prepared? The Law Office of Andrea Casanova is located in Fort Worth, Texas. We specialize in Estate Planning, Probate and Guardianship law. We practice in Tarrant, Dallas, Denton, Parker, Johnson and Hood counties. Call us today to schedule a free consultation at 817-523-1604!

LEGAL DISCLAIMER: This Blog/Web Site is made available by the law firm publisher, Law Office of Andrea Casanova, for educational purposes.  It provides general information and a general understanding of the law, but does not provide specific legal advice. By using this site, commenting on posts, or sending inquiries through the site or contact email, you confirm that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed attorney in your jurisdiction.

What is Common Law Marriage?

The State of Texas recognizes common-law marriage. But, what exactly does it mean to be common law married?

A common-law marriage is basically an informal marriage. There are two main ways to be married to someone. The first and most common way is through a valid marriage license. This formal step usually involves the couple going down to the courthouse and filling out the necessary paperwork and paying a filing fee.

The second, more informal way to be married to someone is for you and your partner to be “common-law married.” Under Texas law, both spouses must meet these 3 elements, at the same time:

  • the man and woman agreed to be married;
  • after they agreed to be married, they lived together in Texas as husband and wife; and
  • the man and woman represented to other people, in Texas, that they were married.

While both ways can lead to a valid marriage in Texas, there is usually an extra step involved with those who claim common-law marriage. 

After the death of one of the spouses, it is usually necessary for a Probate Judge to sign a Declaratory Judgment recognizing the marriage as valid. A common-law marriage is not recognized in Texas until this step is completed. Unfortunately, this usually means the family will have to go through the probate process.

The Law Office of Andrea Casanova is located in Fort Worth, Texas. We specialize in Estate Planning, Probate and Guardianship law. We practice in Tarrant, Dallas, Denton, Parker, Johnson and Hood counties.

Call us today to schedule a free consultation at 817-523-1604!

LEGAL DISCLAIMER: This Blog/Web Site is made available by the law firm publisher, Law Office of Andrea Casanova, for educational purposes.  It provides general information and a general understanding of the law, but does not provide specific legal advice. By using this site, commenting on posts, or sending inquiries through the site or contact email, you confirm that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed attorney in your jurisdiction.

What is a Holographic Will?

A Holographic Will simply means a Will written wholly in the Testator’s handwriting. Texas law does recognize Holographic Wills. Typically, a Holographic Will is done in last minute situations where death of the Testator is imminent.  

While a Holographic Will may be valid if it meets certain legal requirements, this type of Will is usually barebones. This means that the terms of the Will do not include many of the “special language” needed to make the probate a smooth process. 

If you or a family member currently have a Holographic Will, it is always a good idea to hire an Estate Planning attorney to review it to ensure its validity and to avoid costly probate issues down the road. Or, if the Testator has recently passed away, hire a Probate attorney to confirm the validity of the Will and to discuss what next steps must be taken in Probate Court. 

The Law Office of Andrea Casanova is located in Fort Worth, Texas. We specialize in Estate Planning, Probate and Guardianship law. We practice in Tarrant, Dallas, Denton, Parker, Johnson and Hood counties.

Call us today to schedule a free consultation at 817-523-1604!

LEGAL DISCLAIMER: This Blog/Web Site is made available by the law firm publisher, Law Office of Andrea Casanova, for educational purposes.  It provides general information and a general understanding of the law, but does not provide specific legal advice. By using this site, commenting on posts, or sending inquiries through the site or contact email, you confirm that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed attorney in your jurisdiction.

Are Out-Of-State Wills Valid in Texas?

Is an out-of-state Will valid in Texas? The answer: it depends. Each state varies with its minimum requirements. If a Will is valid in the state it was originally created, it will most likely be valid in the state of Texas. 

The caveat, of course, is ensuring that the terms of the out-of-state Will align with Texas law to avoid a more costly or problematic probate. 

There are three (3) important items that set Texas apart from most other states. At a very minimum, you will want to check if your Will includes the following:

1) Is your Will self-proved?

2) Does it name the Executor as Independent (meaning, without court supervision)?

3) Does it give your Executor the specific power to sell real property? 

If you have recently moved to Fort Worth or the DFW area, it is always a good idea to hire an estate planning attorney to review your out-of-state Will to ensure its validity and to avoid issues down the road. 

The Law Office of Andrea Casanova is located in Fort Worth, Texas. We specialize in Estate Planning, Probate and Guardianship law. We practice in Tarrant, Dallas, Denton, Parker, Johnson and Hood counties.

Call us today to schedule a free consultation at 817-523-1604!

LEGAL DISCLAIMER: This Blog/Web Site is made available by the law firm publisher, Law Office of Andrea Casanova, for educational purposes.  It provides general information and a general understanding of the law, but does not provide specific legal advice. By using this site, commenting on posts, or sending inquiries through the site or contact email, you confirm that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed attorney in your jurisdiction.