The Livens Law Firm

June 2015 Archives

Helping loved ones plan through elder law in Texas

Older loved ones often need assistance or specialized care as they enter their Golden Years. In Texas, there are legal professionals who are experienced in elder law and long-term care issues. If you are committed to helping a family member conduct Medicaid or elderly planning, or if you, yourself are getting on in years and wish to secure plans for the disposition of your estate, then seeking a consultation with a legal team is a good first step to take in the process.

Estate administration may be required where there are assets

If a person dies with assets, Texas law generally requires the filing of an estate proceeding. An estate may be administered pursuant to the specifications in the decedent's will or, if there is no will, pursuant to the dictates of state law. If an executor or other personal representative is appointed in the decedent's will, that person will act to carry out the directions in the will, within the confines of state law.

A life estate could be important in long-term care planning

The elder law attorney has several different tools to use to assist a family in keeping the family home when expensive long-term care costs would normally threaten its loss. Because Medicare does not cover long-term care expenses in Texas and all other states, the need to have an elderly parent placed in an assisted care environment, or the costs of home-care services, could turn out to be an expense that will wipe out the family residence and other assets. Sometimes, elder law attorneys will recommend the use of a life estate planning tool as a potential way to protect the family home.

Elderly planning features many varieties of residential living

Many older people will someday have to confront the issue of living accommodations. If staying in the marital residence is not a feasible option, some alternative housing choice will have to be made. This is ideally a joint effort between the elderly parent, or the elderly couple, and their children. In Texas and all other states, the good news is that the choices for post-retirement living are greatly expanded and take in a wide variety of lifestyles and assisted living options, but elderly planning should be done in advance of the time when there is an immediate need.

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