Paul Premack
- Nov 30, 2017
Must a Will always go to Probate?
This column first appeared in the San Antonio Express News on November 20, 2017. When a person dies, they might have a Will, might have other plans like a Trust, or may have done no planning at all. If there is no planning, the person is said to have died “intestate” and Texas law decides who inherits any assets. Further, there may have to be a complex legal proceeding to decide exactly which individuals should be granted status as heirs under the law. Lots of questions are l
Paul Premack
- Nov 29, 2017
Can MERP claim be avoided?
This column first appeared in the San Antonio Express News on November 14, 2017. Dear Mr. Premack: Our widowed mom was in a nursing home on Medicaid. She died this July. Her Will leaves her house to all her children. Last month MERP sent me a claim letter stating they will file a claim against the estate. We did not filed a hardship application. MERP has a contractor (HMS) that does their recovery and they are not being reasonable to our needs. They want private information l
Paul Premack
- Nov 29, 2017
Recommended Reading on Tax Reform
The National Council on Aging has just posted a blog article regarding tax reform efforts in Washington. The article is signficant and I recommend you read it here. The article makes the case for the proposition that a) Congress knows that its tax reform bill will greatly expand the deficit (by giving large tax breaks mainly to corporations and the already mega-wealthy), and b) that when the deficit does increase, most normal Americans will not remember that the increase is d
Paul Premack
- Nov 7, 2017
Tax Bill hurts Seniors and violates Constitution
This column first appeared in the San Antonio Express News on November 6, 2017. examine the 429 page proposal and to express your opinion to your representatives. What are some provisions that may affect Seniors? Estate and Gift Taxes HR 1’s provision on Estate Tax and Gift Tax proposes to double the current exemption amount from $5 million to $10 million per individual, adjusted upward for inflation. The exemption would hold at that level (plus inflation) until 2024, when th
Paul Premack
- Nov 2, 2017
Prop 2 makes equity loans more expensive
This column first appeared in the San Antonio Express News on October 30, 2017. Here is Prop. 2 with added parenthetical divisions [(A), (B) etc.]. It says: “The constitutional amendment to (A) establish a lower amount for expenses that can be charged to a borrower and removing certain financing expense limitations for a home equity loan, (B) establishing certain authorized lenders to make a home equity loan, (C) changing certain options for the refinancing of home equity loa
Paul Premack
- Nov 2, 2017
A method to avoid Elder Exploitation
This column first appeared in the San Antonio Express-News on October 24, 2017. Your mother needs to see a Certified Elder Law Attorney as soon as possible, while her dementia is still mild. The attorney can assess her capacity, and if she fully understands what she is doing, then she needs an updated Durable Power of Attorney, an updated Medical Power of Attorney, and a Living Trust. Under the new Durable Power of Attorney law (which took effect September 1, 2017) she can au
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