The Dove Firm PLLC

The Texas Tax Amnesty Program begins May 1, 2018, and runs through June 29, 2018.  This Program could apply to sales tax, franchise tax, or other taxes assessed by the Texas Comptroller.    It provides delinquent taxpayers with relief from penalties and interest on previously unreported taxes due for periods before January 1, 2018. The program gives taxpayers the opportunity to "wipe the slate clean" by filing past due reports, or amending reports that underreported taxes, without paying penalties and interest. Penalties and interest can be very substantial, so this is a program that should be given serious consideration by anyone who is eligible for it. The program does not apply to periods already under audit. If you believe that you may qualify for this valuable program, the Dove Law Firm can assist you through the amnesty process.

Financial exploitation of the elderly is a serious problem, with one in twenty older adults victimized each year according to the Department of Justice.  In May of 2017, the Tarrant County Criminal District Attorney created a new special prosecution team -- the Elder Financial Fraud Unit -- to serve as a community resource addressing the special needs of elderly victims through a program of aggressive prosecution, education and deterrence. The unit consists of two experienced prosecutors, two investigators and one support staff member, all of whom are focused exclusively on financial crimes against the elderly. By the end of 2017, 79 cases were filed. The unit also partnered with Guardianship Services to create the the Financial Exploitation Prevention Center of Tarrant County, whose mission it is to connect Tarrant seniors with the vast network of resources available to them. If you, or anyone you know, has been a victim of elder financial fraud, there are resourc...

Come visit with representatives of the Dove Firm at Arlington's annual "Aging Well" expo, this Wednesday, March 21st, from 9:00 am to 2:00 pm at the Arlington Convention Center. The expo, which is free, will be packed with local professionals, and will feature health and wellness screenings, a variety of informative presentations, and door prizes. You can learn all about health, wellness, volunteering, and housing opportunities available to senior citizens. Look for our booth -- we'd love to meet you! More information can be found at the Aging Well Expo website:   http://www.arlington-tx.gov/agingwell/  

The Treasury Department’s new tax withholding tables, based upon the recently passed tax reform bill, went into effect for all employers on February 15, 2018. That means that about 90% of all employees will see a decrease in tax withholding from their paychecks, resulting in an increase in take-home pay. The amount of the tax savings will of course vary from individual to individual, but as an example, a single taxpayer earning $50,000 a year will see his/her take-home pay go up by a little under $200 a month because of the lower withholding called for by the tax law changes.

The federal ABLE (“Achieving a Better Life Experience”) Program, signed into law in December, 2014, was created to encourage and assist individuals and families in saving funds for the purpose of supporting individuals with disabilities. The Texas ABLE program, enacted a year later and administered by the Texas Comptroller’s Office, is not yet open for enrollment, but the Texas Comptroller announced on February 16, 2018, that significant progress had been made on implementing the program. The program manager is completing the marketing, enrollment, and record-keeping websites and developing program material. No date has yet been announced as to when the Texas program will be open for enrollment. In the meantime, however, eligible Texas residents can open an account in any state with an active ABLE program that accepts out-of-state residents. Over twenty states currently have active ABLE programs, and most of those programs will accept Texas residents. Of further note, there have been som...

Meeting with an attorney can feel like a daunting task for some.  The Dove Firm hopes that all of our potential clients leave our office feeling better than when they came in.  In order to do that, our attorneys need adequate information to review.  What you bring in will depend upon your legal need. For example, here are a few things you may want to bring in with you, if you are meeting with an attorney about an elder law issue for the first time: Copies of all estate planning documents, including powers of attorney, wills, and trust agreements. A most recent personal tax return A list of assets, including real estate addresses, bank and financial accounts, personal property, and approximate values of each Insurance policies, including life insurance and long-term care insurance Contact information for family members and caregivers Copies of any court order regarding a guardianship currently in place This list may be longer or shorter, depending ...

Today, June 15th, is the annual World Elder Abuse Awareness Day (WEAAD) as first declared by the United Nations General Assembly in 2012. Elder abuse is increasingly recognized as an important worldwide problem, and one that is likely to grow as many countries experience the rapid aging of their populations.  In the U.S. alone, some 10,000 people turn 65 every day. The focus of this year’s WEAAD is financial abuse of the elderly — a very common form of elder abuse which, for the most part, remains hidden and unreported. It is hoped WEAAD will raise the general awareness of this form of elder abuse and by so doing reduce its frequency.

The theme of the 2017 World Elder Abuse Awareness Day (WEAAD) to be observed at the United Nations Headquarters on June 15th is “ Understand and End Financial Abuse of Older People: A Human Rights Issue .”  Financial exploitation of the elderly is a common and serious problem, experienced by an estimated 5 to 10 per cent of seniors globally. It is a crime that, for a variety of reasons, often goes unreported. Cognitive and other impairments often limit the ability that older victims have to identify and report financial abuses perpetrated against them. In addition, the perpetrators are often close family members and trusted caregivers, adding an element of shame and embarrassment to an already painful situation.  World Elder Abuse Awareness Day throws a bright public light on this unfortunate situation, and provides an opportunity for the whole world to voice its opposition to the abuse and suffering inflicted upon far too many of our senior citizens.

The United Nations has designated June 15th as World Elder Abuse Awareness Day (WEAAD). The first WEAAD was observed in 2012, and was marked by meetings and conferences at UN headquarters in New York. The day aims to focus global attention on the physical, emotional, and financial abuse that is often targeted at elders. The global population of people over the age of 60 is a rapidly growing demographic group. World Health Organization data indicates that at least 4 to 6 per cent of the elderly experience some form of abuse. WEAAD seeks to bring together senior citizens and all those who care about them to exchange ideas about how best to reduce the incidence of elder abuse and to improve the reporting of such abuse that does occur.

In 1963, President John F. Kennedy first proclaimed May as the month to honor Americans who are 65 and older.  The National Academy of Elder Law Attorneys supports this proclamation, declaring May to be National Elder Law Month. Today, over 10,000 Americans turn 65 every day.  Older individuals often have unique and special needs that require legal attention.  Elder lawyers have the knowledge and expertise to deal with these important legal issues, and are dedicated to meeting the needs of our older citizens.  The list of issues in which elder lawyers can be of service is a long one.  It includes wills and estate planning, drafting financial and medical powers of attorney in the event of incapacity, Medicare and Medicaid planning, issues surrounding long-term care, guardianships and probate, and elder abuse and exploitation, just to name a few.  Whatever the issue, an elder law attorney can help deal with the challenging legal problems often...

ABLE Accounts are tax-advantaged savings accounts for individuals with disabilities and their families. ABLE accounts were created by federal legislation passed in 2014 (“the ABLE Act”), which recognized the fact that millions of individuals with disabilities rely on public assistance such as SSI and Medicaid for their living expenses, housing, and health care. Eligibility for these public benefits has a strict means test — no more than $2,000 in savings and other assets. Recognizing that the living costs for disabled individuals are often significantly higher than normal, the ABLE Act provides that special ABLE savings accounts can be established by the individuals and their families without jeopardizing eligibility for public assistance.  The ABLE Act limits eligibility to individuals whose disability had its onset before reaching 26 years of age. Annual total contributions made on behalf of any individual are limited to $14,000 at present.  ABLE accounts are to be ad...

People with limited resources who need long-term skilled nursing care may have to rely upon Medicaid to pay for this expense.  To help recover the cost of these government services, every state must have a recovery program.  In Texas, the program is the Medicaid Estate Recovery Program, or "MERP", which gives the state the right to ask for money back from the estate of a Medicaid recipient after his or her death.   Quite often, the largest asset in the estate of a Medicaid recipient is a homestead.  Fortunately, in Texas there are methods to protect the home from Medicaid recovery.  Through the use of special deeds conveying the house on death (such as Ladybird Deeds or Transfer on Death Deeds), homes can be protected even after the death of a Medicaid recipient.  If you or a loved one are facing a situation in which you have to rely upon Medicaid to help pay for long-term care, consider all the options available to you in protecting your home and other...

A documentary recently airing on PBS, “Alzheimer’s: Every Minute Counts,” calls for more funding for research into the cause and potential cures for Alzheimer’s.  The documentary focuses on the costs associated with care for Alzheimer’s patients, particularly the costs placed on Medicare and Medicaid.  Anyone who has personally experienced the costs associated with the care of a loved one suffering from the disease is well aware that these figures can be staggering, and can be devastating to even those who believe they have planned for long term care.  The documentary can seen here:  http://www.pbs.org/tpt/alzheimers-every-minute-counts/home/

The inevitable course of the aging process often raises a host of emotionally charged issues. These issues have the potential to trigger divisive family disputes no matter how well-intentioned family members may be.  The list of potential issues is a long one — whether to live alone and independently; when and where to move; financial management; and, of course, medical treatment decisions, including end-of-life care issues. The list goes on. Often decisions must be made under stressful, time-pressured conditions, and families can easily be torn apart when disagreements arise.  Mediation can be an effective means of resolving age-related issues without causing undue strain within the family. A mediator is an objective third-party professional trained to facilitate the peaceful resolution of difficult and sensitive issues. Mediation sessions are private, confidential and completely voluntary. Everyone gets a chance to express their interests and concerns in a calm setting...

The NY Times had a nice article yesterday from the perspective of a medical professional regarding the important role of caregivers.  This article noted the sacrifices many adult children are making to care for aging parents, all the while juggling their own children and other family and work responsibilities.  The article ends with links to some resources, such as support groups for caregivers, and also adds a bright note that in some circumstances being a caregiver can strengthen relationships.  Let us hope that all who are caring for their loved ones reach out for the support they need and are aware of resources available to them.  The full article can be found here: Who Will Care for the Caregivers?    This blog is for informational purposes only.  It is not intended to be and should not be relied upon as legal advice.

This is often a difficult question for someone preparing their will.  It may be helpful to understand what an executor does in order to make the best decision.  An executor, simply put, will be responsible for handling your affairs after you pass away.  Some typical duties include: Probating your will.  This includes hiring an attorney to handle the court filings and attending a hearing at the courthouse.  Gathering up your assets.  This usually just means finding out what you owned and changing the name of the owner from you to your estate. Paying your debts.  If you have outstanding balances on credit cards or other debts, they will most likely be dealing with debt collection agencies.  If you owed any taxes at the time of your death, the executor must also deal with the taxing agency. Closing your estate by distributing your assets to the beneficiaries you have named in yo...

Many folks are interested in forming revocable living trusts as a part of their estate plan, and many others are interested in selling revocable living trust kits.  Here’s what you should consider if you are wondering if this estate planning tool is right for you: Where do you live ?  One of the highlights of revocable living trusts is they are designed to avoid probate.  If you live in Texas, the probate process is relatively simple, allowing for an independent administration of assets which typically only requires one short court visit.  In states like this, forming and administering a revocable living trust would generally be more of a hassle (and often more costly) than the probate process itself.  If you live in a state that only has dependent administrations, a revocable living trust may be more beneficial to you. What types of assets do you have ?  Some assets can be titled in such a manner that...

The IRS is reminding owners of highway motor vehicles weighing over 55,000 pounds that highway use tax returns and payment are due September 2, 2014.  The normal deadline for filing Form 2290 is August 31, but this year that date falls on a Sunday, and the following Monday is the Labor Day holiday.  Be sure to keep track of the mileage for such vehicles, because the IRS allows a suspension of tax on heavy vehicles used for 5,000 miles or less during the tax year.  You can read more about the highway use tax on the IRS website at http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Trucking-Tax-Center .  This blog is for informational purposes only.  It is not intended to be and should not be relied upon as legal advice.

A popular recent topic in politics has been “corporate inversion.” By claiming residence elsewhere, corporations are lowering their corporate income tax rates, but may not be escaping U.S. taxes altogether.  Corporations with U.S. employees may still liable for payroll taxes, there are industry-specific excise taxes that may be due, and states have their own various taxes, such as Texas’s franchise tax, which may also be imposed.   This blog is for informational purposes only.  It is not intended to be and should not be relied upon as legal advice.

Most people are familiar with the works of William Shakespeare.  One of his lesser-known writings is surprisingly found in his will.  In it, Shakespeare left to his wife his “second best bed.” Many have written over what this gift means about the relationship he had with his wife.  From an estate planning perspective, what it means is this: there is no right or wrong way to make gifts in your will.  Those items are yours and you are free to leave them as you wish. Compare that to the will and estate plan of James Gandolfini, who passed away more recently.  When his will was made public, it contained more ordinary provisions (no talk of second-best bequests), but the distributions left his estate subject to estate tax, which added up to what was reported at approximately $30 million owed to the IRS. While he was free to leave the gifts as he chose, he could have done so in a way that did not result in a large tax due. Taking these two public figures...