Wright Abshire, Attorneys, A Professional Corporation Wright Abshire, Attorneys, A Professional Corporation 2026-07-15T17:08:56Z https://www.wrightabshire.com/feed/atom/ WordPress /wp-content/uploads/sites/1604732/2022/11/cropped-wright-abshire-blue-siteicon-c-32x32.jpg On Behalf of Wright Abshire, Attorneys, A Professional Corporation <![CDATA[What happens when a loved one dies without a will in Houston?]]> https://www.wrightabshire.com/?p=50437 2026-06-30T19:38:57Z 2026-06-25T17:06:58Z Initiate probate proceedings After searching for a will without success, families can initiate intestate succession probate proceedings. They submit paperwork to the courts notifying them of an individual's passing and attesting that there is no will to guide the probate process. The courts can appoint a personal representative to oversee estate administration.

Settle financial obligations

During the probate process, personal representatives must create an inventory of the estate’s assets. They must communicate with creditors and publish notice about estate administration to allow unknown creditors the chance to file a claim. They typically file a final income tax return on behalf of the person who died. It is generally necessary to ensure that the estate has fulfilled all of its financial obligations before distributing assets to the heirs with the right of inheritance under intestate succession laws.

Distribute assets according to the law

Texas state statutes protect the rights of immediate family members when people die without wills. Spouses and children of the person who died frequently inherit the entirety of an intestate estate after a personal representative has fulfilled any outstanding financial obligations. If the person who died does not have a surviving spouse or children, then their parents may inherit assets from the estate. The law allows other, more distant family members to become heirs in scenarios where there are no closer surviving family members. For the most part, intestate succession proceedings are much like the traditional probate process. The main difference is that there are no beneficiaries selected by the decedent but rather heirs with a right of inheritance under Texas state statutes. Personal representatives have the same basic responsibilities, which include identifying and fulfilling financial obligations, properly managing estate resources and accounting for the distribution and liquidation of assets. Those expecting to act as personal representatives or to inherit from an intestate estate likely need legal guidance. Working with a Texas probate attorney can make it easier to fulfill legal obligations and avoid common complications that may arise during intestate estate administration.]]> On Behalf of Wright Abshire, Attorneys, A Professional Corporation <![CDATA[3 common myths about the Medicaid lookback period in Texas]]> https://www.wrightabshire.com/?p=50425 2026-06-05T15:58:18Z 2026-06-05T15:58:18Z Myth one: Only impoverished people qualify There are strict limits on both income and countable assets for Medicaid applicants. However, people can still maintain a baseline standard of living while qualifying for Medicaid, especially if they plan in advance. Transferring asset ownership to a trust is one way to diminish personal holdings while still having access to regular support through structured distributions. Absolute poverty is not a prerequisite for Medicaid eligibility.

Myth two: Penalties last five years

Many people know that Medicaid penalties may apply if they have too much property or too much income to qualify when they apply. The penalty does not last for five years. The financial review that occurs during a Medicaid application looks at five years of transactions. Any gifts or transfers during that time could potentially trigger a penalty. The state determines how many months of care those funds could have covered. The penalty rules require that workers pay out of pocket for their care for that specific number of months. After that, the applicant receives Medicaid coverage for their necessary costs.

Myth three: Gifts to spouses don't trigger a penalty

People sometimes believe that transferring asset ownership to their spouses or making large marital gifts absolves them from any lookback penalty. The recipient of gifts and transfers has minimal impact on the penalty imposed. Even when a person funds a trust or makes gifts to immediate family members, such as spouses or children, those transfers still put them at risk of a penalty. It is possible to qualify for Medicaid without triggering lookback penalties if people plan far enough in advance. It is also possible to strategize to minimize lookback penalties if people do not have the option of planning five years before they need benefits. Consulting with an attorney familiar with Medicaid planning can help older adults understand their options. Strategic financial moves can have a powerful impact on Medicaid eligibility and the lookback penalty.]]> On Behalf of Wright Abshire, Attorneys, A Professional Corporation <![CDATA[Retirees in Texas: Do you have your medical power of attorney up to date?]]> https://www.wrightabshire.com/?p=50423 2026-05-01T20:05:43Z 2026-05-04T15:04:01Z in Texas can mean more time with family, less daily stress and more freedom to take up hobbies. While it is important to enjoy new activities and make the most of retirement, it is also important to take the time to make sure your medical power of attorney is up to date in case one of these hobbies results in injury. This important document helps protect your wishes and your family if you need urgent medical care.

What does a medical power of attorney document actually do?

A Texas medical power of attorney appoints an agent to make health care decisions only when you cannot make or communicate informed decisions. It covers consent, refusal, selection of doctors, selection of facilities and access to medical information when permitted. It does not manage money. Another important document, the general durable power of attorney, focuses on property, finances and business matters. It can authorize a named individual the ability to manage bill paying, banking, taxes and real estate. Many families assume a durable POA allows medical decision-making. It is important to note that Texas law treats these roles differently. Hospitals typically look for a medical POA, a guardian or specific medical directives. 

Why is this document a critical safety net?

A medical POA supports fast decisions when time matters. It reduces family conflict by naming a clear decision-maker and gives doctors a reliable point of contact. Before you sign, focus on practical outcomes. A medical POA can help your family by:
  • Allowing immediate decisions during a crisis such as surgery consent, discharge planning and rehab placement  
  • Reducing confusion when adult children disagree about treatment, providers and/or location  
  • Aligning care with your values when you cannot speak for yourself
After you sign, share copies with your agent, primary doctor, key specialists and hospital system portal when available.

How does a medical power of attorney help avoid court-ordered guardianship?

When no valid medical decision-maker exists, families may need a court-ordered guardianship to authorize care. Guardianship can be slow, public, expensive and stressful for the family. It can also place decision-making power in the hands of a court-appointed guardian rather than a trusted loved one. To lower that risk, pair proactive planning with the right paperwork. Steps that reduce guardianship risk include:
  • Naming a primary agent plus an alternate agent who lives nearby  
  • Discussing your goals for quality of life, faith considerations and pain control preferences  
  • Keeping the document current after divorce, death, relocation and strained relationships
Review and update the plan after major health changes, medication changes and new diagnoses. A Texas medical power of attorney is not about expecting the worst. It is about protecting control, family harmony and dignity. It allows you to go out and enjoy retirement without worrying about who would make decisions on your behalf if you need medical care. For retirees, it is one of the most practical gifts you can give your adult children, plus one of the strongest safeguards against an avoidable guardianship.]]> On Behalf of Wright Abshire, Attorneys, A Professional Corporation <![CDATA[Long-term care planning should be handled carefully]]> https://www.wrightabshire.com/?p=50386 2026-04-29T14:44:59Z 2026-03-20T14:44:32Z Many people look forward to retirement so they can enjoy the fruits of all their years of labor. While they’re thinking about all the things they’ll be able to do, they may not think much about what will happen if they need long-term care.  Some people don’t know that standard health insurance typically won’t cover the cost of long-term care. Even those on Medicare won’t have benefits available for long-term care. While there’s no absolute guarantee that a person will need long-term care, it’s a good idea to prepare just in case it’s necessary. 

Common misconceptions about long-term care

One of the more common misconceptions about long-term care is that it only applies to nursing homes. While that is one of the more expensive options, it can also include adult day programs and in-home assistance. Memory care and assisted living are also possible long-term care options. Another misunderstanding is that long-term care is only needed at an advanced age. Instead, it’s possible that a person will need this type of care if there are early-onset cognitive changes, injuries or health events that make it difficult or impossible for a person to care for themselves without assistance.  Some people mistakenly believe that their family members will be able to care for them without ever needing long-term care. The issue with this is that there may come a point when even family members can’t provide the level of care needed. 

Challenges of long-term care planning

Long-term care planning brings together financial questions, emotional challenges, and time considerations. Costs vary widely, depending on the facility and the level of care needed. Some people may resist having to move into a long-term care facility. Determining when the person needs care is critical, but there’s also the matter of planning for long-term care early enough in advance because certain planning options must be done well in advance of moving into a facility.  Finding a facility that meets the person’s needs, determining if the financial aspect is acceptable, and preparing the person for the move are all part of the process. This might all be easier if there is a plan in place in advance that can be adjusted to meet their specific needs at the time. It may be beneficial to work with someone who can assist with this to ensure the necessary steps and considerations are handled properly. ]]> On Behalf of Wright Abshire, Attorneys, A Professional Corporation <![CDATA[An extensive look into Texas Veterans’ benefits and elder care]]> https://www.wrightabshire.com/?p=50353 2025-08-26T19:41:41Z 2025-08-28T15:40:12Z Veterans who have served the nation often face unique needs as they age. In the Lone Star State, a range of programs is available to help ensure elderly veterans receive the support they deserve.  From health care services to pensions and assistance with long-term care, these benefits can be a vital part of a broader elder care plan. Familiarizing oneself with what is available and how to apply for it can empower families to advocate for their loved ones.

Health care benefits for elderly veterans 

The U.S. Department of Veterans Affairs (VA) operates several health care facilities across Texas, offering services tailored to veterans’ needs. Elderly veterans may qualify for comprehensive medical care, including:
  • Routine checkups
  • Specialist consultations
  • Prescription medications
  • Mental health services 
For those requiring more specialized assistance, programs like VA Home and Community-Based Services provide home health aides and adult day health care. The Lone Star State also offers state-operated veterans’ homes that deliver skilled nursing and rehabilitation services.

Pensions and financial support

Eligible veterans with limited income may receive VA pensions to help cover living expenses. The basic VA pension is available to veterans who meet age and service requirements. The state offers higher benefits for elderly veterans who are aging in place or require daily assistance. Furthermore, the Aid and Attendance program can supplement a veteran’s pension.  

Long-term care assistance

For elderly veterans needing extended care, the Texas Veterans Land Board (VLB) operates several state veterans homes that give veterans access to long-term nursing care. These homes are equipped to meet the needs of residents with chronic illnesses or disabilities while fostering a sense of community among fellow veterans. Veterans may also access grants and programs that focus on home modifications that improve accessibility.

How to apply for veterans’ benefits

The first step is confirming eligibility, which is typically based on:
  • Military service
  • Discharge status
  • Current income
  • Medical need 
Applications for federal benefits can be submitted to a VA regional office. For state-level programs, the VLB provides guidance and application forms. Texas offers a wide range of benefits to help ensure elderly veterans live with dignity and security. By understanding these programs and enlisting hands-on legal guidance, families can better navigate the challenges of aging while honoring the service and sacrifice of their loved ones.

]]> On Behalf of Wright Abshire, Attorneys, A Professional Corporation <![CDATA[A guide for passing down the family farm in Texas]]> https://www.wrightabshire.com/?p=50354 2025-08-26T19:35:07Z 2025-08-26T19:35:07Z Managing challenges beyond your control Today's farmers face many pressures. Mother Nature is unpredictable. Commodity prices can change overnight. Facing these challenges while preparing for the future can feel overwhelming. Here are a few of the biggest concerns for family farms today:
  • Fluctuating market prices make it hard to plan ahead
  • The high cost of technology and equipment makes it difficult to compete
  • Passing on the land can trigger a large tax bill
  • Your children may have different goals and want to pursue careers off the farm
  • Finding experienced local financial and legal professionals to guide you can be a challenge
These issues and others illustrate why a detailed succession plan is so crucial for the future of your family and your land.

Succession planning and your heirs

A succession plan is a roadmap for the future of your farm. It outlines how your land and business will be passed down. The plan addresses the transfer of assets and management. It can ensure your wishes are followed and may help prevent or minimize family disputes. Your plan should consider both the financial and emotional needs of your family, including addressing potential tax liabilities. You may also need to provide for children who want to farm and those who don't.

Texas succession planning options

When you own a farm in Texas, you have several options for succession planning. Choosing the right path depends on your family's unique situation. You can sell the farm to a child or leave it to them in your will. Consider these options when creating your plan:
  • Sell the farm to a child with an installment contract
  • Gift a portion of the farm to your heirs while you are still alive
  • Leave the farm to your children in a will or living trust
  • Create a trust to manage the farm and provide income for all your children
  • Set up a life insurance policy to provide for heirs who do not want to farm
These strategies can help you manage potential tax burdens and ensure all your children are cared for. The right choice depends on you and your family's goals. Working with a skilled estate planning attorney and financial professional is crucial to getting a plan that fits your needs.]]> On Behalf of Wright Abshire, Attorneys, A Professional Corporation <![CDATA[What should you know about trusts when planning your estate?]]> https://www.wrightabshire.com/?p=49742 2024-10-18T18:41:41Z 2024-06-25T20:46:35Z revocable and irrevocable. While these serve the same general purpose, they have some differences.

How are these trusts the same?

Revocable and irrevocable trusts both allow trust assets to bypass probate. This enables your beneficiaries to get the inheritance faster than what’s possible if they have to go through the probate court because the assets must be distributed per the terms of a will. Both types also provide privacy for the beneficiaries. Since they don’t have to go through probate, the terms of the trust aren’t part of the public record.

How do they differ?

Revocable trusts can be changed or cancelled whenever you want. Irrevocable trusts can only be changed or cancelled in limited circumstances if the beneficiaries or court agrees to the changes or cancellation. Once you place assets in an irrevocable trust, they aren’t part of the estate anymore. This can help to reduce the value of your estate, which can reduce estate taxes. Assets in a revocable trust remain part of the estate, so they’re taxable as part of the estate. Only assets in an irrevocable trust are protected from creditor claims. When you transfer assets into an irrevocable trust, the trustee controls them. Because of this, creditors can’t stake a claim to those assets if they sue you. Creating a comprehensive estate plan can provide you with peace of mind. It can also give your loved ones clear instructions for what you want to happen with your assets after you die. Working with a legal representative who can assist with getting everything set up can help to ensures that your wishes are clearly articulated and enforceable accordingly.]]> On Behalf of Wright Abshire, Attorneys, A Professional Corporation <![CDATA[Protecting your nest egg through estate and Medicaid planning]]> https://www.wrightabshire.com/?p=49738 2024-10-22T16:02:50Z 2024-03-31T16:02:55Z The Medicaid maze Medicaid has strict eligibility requirements, including income and asset limits. Couples with significant savings may find themselves exceeding these limits, disqualifying them from receiving assistance. This "spend down" scenario, where couples deplete their assets to qualify for Medicaid, is not only emotionally stressful but can also leave them financially vulnerable.

Balancing needs with planning

The key lies in striking a balance between asset protection and future healthcare needs. Medicaid offers specific protections for the healthy spouse. Even if one spouse needs nursing home care, the healthy spouse can typically remain living at home and retain a portion of the couple's assets for their support. Additionally, several legal tools can help shield assets from Medicaid's reach. These may include irrevocable trusts, gifting strategies (with strict guidelines to avoid penalties) and annuities that can provide income without depleting the principal.

Estate planning for peace of mind

While Medicaid planning focuses on eligibility for healthcare assistance, estate planning takes a broader view. It helps ensure your assets are distributed according to your wishes after your passing. A comprehensive estate plan includes:
  • Will: A will outlines how you want your assets distributed and designates a guardian for minor children
  • Power of attorney: This document authorizes a trusted individual to make financial and healthcare decisions on your behalf if you become incapacitated
  • Living will/Advance directive: This document outlines your wishes for end-of-life care
Planning for long-term care and estate matters may seem daunting, but it's an investment in your future security and peace of mind. Remember, planning ahead can empower you to make informed decisions for your future. By seeking legal guidance and implementing a well-crafted plan, you can more successfully navigate the complexities of Medicaid and estate planning. This can potentially safeguard your assets and help to ensure a well-deserved retirement.]]> On Behalf of Wright Abshire, Attorneys, A Professional Corporation <![CDATA[Those preparing to retire in Texas may need to plan for Medicaid]]> https://www.wrightabshire.com/?p=49705 2024-01-02T00:12:36Z 2024-01-02T00:12:36Z Transfers and gifts can trigger a penalty The primary reason that people need to plan in advance for Medicaid is that the state penalizes those who make major moves trying to qualify for benefits shortly before applying. There is a five-year or 60-month lookback period for Medicaid benefits. Any large gifts or transfers into a trust during those 60 months could trigger a penalty. The applicant may not receive benefits until they pay for a set number of months of care with their own resources. That obligation comes at a time when they need a bed in a nursing home, rehabilitative care or skilled nursing support in their home. They may not have any way to cover those expenses with their own resources. The only way to avoid a penalty is to plan at least five years before someone thinks they may need benefits. Therefore, Medicaid planning is often an important part of the overall elder law process. Those preparing to retire and live in comfort in their golden years may need to address possible future medical needs in addition to preparing certain documents, like powers of attorney, for their protection as they age. Understanding the Medicaid lookback period, and seeking legal guidance if questions or concerns warrant, can help people to more effectively plan for comfort and financial stability in their golden years.]]> On Behalf of Wright Abshire, Attorneys, A Professional Corporation <![CDATA[3 tips for caring for aging parents who have dementia]]> https://www.wrightabshire.com/?p=49704 2023-12-28T16:57:27Z 2023-12-28T16:57:27Z Handle legal matters early Dementia is one of those rare medical issues that can eliminate someone's testamentary capacity. Those who struggle with understanding and navigating reality cannot draft legally-binding agreements anymore.  Some of their existing estate planning or elder law documents may lose their authority. For example, powers of attorney that do not include the necessary language to make them durable documents may become useless when an older adult declines due to dementia. Durable powers of attorney may retain their authority even when someone permanently loses their testamentary capacity. If there aren't durable powers of attorney in place, the child caring for their parent may need to seek a guardianship to take control over medical and financial matters.

Make daily life predictable

Dealing with someone who has dementia can be a frustrating experience, as they may struggle to properly respond in a host of different circumstances. Like children who still need to learn how to navigate the world, adults with dementia thrive when their situation is predictable. Keeping the daily schedule the same and maintaining a space that feels like home for them by including personal objects can help ground them in their current experience and make them more comfortable. Those with dementia may want to maintain a calendar or journal of their own that they can review to remind themselves of their circumstances.

Keep spaces accessible but secure

Living with someone who has dementia can present a lot of challenges. They may wander or try to engage in activities that could lead to injury. Families therefore need to secure their spaces while also making necessary amenities, like bathrooms, easily accessible. Proper lighting, clear paths to limit falls and door handles instead of knobs can all help older adults navigate safe spaces in their homes. Families may need to lock certain rooms, keep chemicals and lighters out of reach and use other childproofing safety tools, like cabinet latches. Providing in-home support for someone with dementia can increase their comfort as long as the family approaches the situation in thoughtful ways and as long as they seek support – including legal guidance – whenever necessary.]]>