Navigating Medicaid here in Texas and its associated programs can be daunting. One such program that has often raised questions for in our clients is the Medicaid Estate Recovery Program (MERP). This program often raises questions for many, and understanding its nuances is crucial for effective estate management and planning. Let’s break down what MERP claims involve and why they matter to you and your family.

When someone is declared by a court to be incapacitated as part of a guardianship proceeding, Texas law provides two primary methods for managing their finances and property. These are: the guardianship of the estate and the management trust.

Taking on the role of an executor or trustee is an important responsibility, but it doesn’t have to be overwhelming. Understanding the risks and complexities involved can help you feel more confident and prepared as you navigate the process.

Navigating the aftermath of a loved one's death can feel overwhelming. The blend of grief and the complex legal tasks that follow can make this difficult time even more challenging. However, understanding the necessary steps to take before starting the probate process can help ease your burden and provide clarity.

Trusts are established to manage assets for beneficiaries according to specific instructions laid out by the grantor (the creator of the trust), ensuring the goals of the grantor are protected and most importantly carried out in the way they wanted. However, disputes can arise when trustees fail to fulfill their duties, leaving beneficiaries feeling their rights are compromised. If you find yourself in this situation, here are the basics:

Business partnerships can be immensely rewarding, but disputes among partners can be a massive headache and are more common than you might expect. Even the closest of partners may have disputes, therefore; it’s essential to understand your rights and options if tensions start to rise.

Trust disputes are emotionally challenging and legally complex, especially when the intentions of the trust and the responsibilities of trustees come into question. At Hardie Alcozer, we understand the sensitivity of these situations and have helped countless individuals navigate similar challenges. Here’s what you need to know about trust disputes and how to resolve them.

Guardianship is a legal arrangement designed to protect individuals who are unable to make decisions for themselves due to incapacity. Understanding the nuances of guardianship can help families make informed decisions about care and management. Here’s what you need to know…

Powers of Attorney (POA) are powerful legal tools designed to delegate authority from one person (the principal) to another (the agent). However, disputes can arise when the boundaries of this authority are misunderstood or breached. With that being said, here's what you need to know…

True Link Visa prepaid cards are designed specifically for individuals who may need additional oversight of their spending due to diminished capacity. These cards offer a blend of independence and protection, ensuring that loved ones can manage finances without completely removing their autonomy. True Link Visa prepaid cards allow an account administrator—be it a family member, caregiver, or trusted friend—to monitor and control spending.

Medicaid is a vital program that helps individuals with limited financial resources cover long-term care expenses, including nursing home services. Let’s break down what you need to know about qualifying for Medicaid nursing home care.

The biggest wealth transfer in history is happening right now, and it's a bit like watching a giant handoff in a relay race—except many families haven’t started warming up yet! With baby boomers set to pass down a staggering $68 trillion in the coming years, you’d think everyone would be ready to grab the baton. But surprisingly, nearly half of wealthy families are missing key elements like wills, powers of attorney, and healthcare proxies, which are crucial for ensuring that wealth passes smoothly from one generation to the next.

The kiddie tax applies to unearned income (interest, dividends, capital gains, inherited retirement accounts, taxable scholarships, etc.) for children under the age of 18 and dependent full-time students under the age of 24 whose investment and unearned income is higher than an annually determined threshold.

Although most people are familiar with what a power of attorney is, there is often a lot of confusion about the scope of an agent’s power under a durable power of attorney or a medical power of attorney and what to do if you suspect a person is abusing these powers.

When navigating the legal world, you might come across the term "contingency representation." This type of legal arrangement offers a unique payment structure, particularly for those who can't afford upfront legal fees. The key idea here is our payment being contingent on securing a recovery for you.

This charitable giving strategy generates income and can enable you to pursue your philanthropic goals while also helping provide for living expenses. Charitable trusts can offer flexibility and some control over your intended charitable beneficiaries as well as lifetime income, thereby helping with retirement, estate planning and tax management. 

People often think that all you have to do to transfer your vehicle upon your death is make your intentions known and hand over the keys. Unfortunately, it’s not that simple. A car has a title that must legally be transferred from one person to another in order to make a valid transfer of ownership.

Both Lady Bird Deeds and Transfer on Death Deeds (or “TODD”) are essentially beneficiary designations for your real estate.  Lady Bird Deeds are a product of common law, whereas Transfer on Death Deeds are product of statute. However, both will allow you to transfer your real estate to your heirs without the need for a probate proceeding. 

There are two main ways in which property is transferred from one individual to another: by death and by a lifetime gift. Interestingly, the recipient’s basis in the transferred asset is different in each situation and results in varying tax consequences. Failing to understand the difference can result in capital gains taxes for the recipient of the property that may otherwise be avoidable.

Many trusts provide distributions for a beneficiary’s health, education, maintenance, and support (collectively “HEMS”). This language is used as a standard throughout the estate planning industry because it provides guidance to the trustee on how to manage the trust. It also provides enough of a measurable limitation on the distribution of wealth to allow the grantor to provide for and effectively pass wealth to the beneficiary without creating unnecessary tax implications.