Nursing home care is expensive in El Paso, TX, which is why the government helps some seniors cover the cost through its Medicaid program. While this state-administered program ensures that low-income elders receive the care they need, applying and qualifying for coverage requires careful planning. We look at how an experienced Medicaid lawyer can help secure your assets and ensure you qualify for Medicaid.
Medicaid is the federal health insurance program that helps low-income Americans fund medical and long-term care, including skilled nursing care. To qualify for Nursing Home Medicaid, seniors must meet certain financial and medical requirements.
What Are the Steps to Navigate the Probate Process?
Probate is the process of legally validating a will after someone has died. If a loved one has passed away, their will should be located and filed with the court to obtain probate. It’s not mandatory to use a probate lawyer in El Paso, TX, but it’s generally advisable. They can help with more complex estates, and, for smaller estates, they can provide advice on different options that might be possible, such as a small estate affidavit.
What Are the Steps to Navigate the Probate Process in El Paso, TX?
1: Locate the Will
The executor should first locate the will. If the will has been updated, it’s important to find the most recent, valid version. The content of any previous wills that have been revoked should be disregarded. Only wills that have been properly executed can proceed through probate. The probate court will deal with any questions over the validity of a will.
2: File the Application
The named executor must file an application with the probate court. This should include details about the deceased, the named executor, and the intended beneficiaries. A copy of the will must also be provided. Applications must usually be made within the same county where the deceased resided.
Read the rest of this entry »Beneficial Ownership Interest (BOI) Reporting
The Corporate Transparency Act has been an ongoing saga since it was passed in 2021. The idea behind the CTA was to have business owners report to the federal government on the businesses they owned to try to prevent money laundering. It was difficult to follow, though, and a raft of lawsuits followed. It was blocked by the Courts, then unblocked, then blocked again. People were told to comply starting January 1, 2024, but then told that they did not have to. Finally, the cases have been resolved, and the CTA is in effect.
Anyone who owns at least a 1/3 interest in a business is supposed to report their ownership interest through a beneficial ownership interest form to the US Treasury Department’s Financial Crimes Enforcement Network. The penalties under the Corporate Transparency Act for not filing this report are steep.
On March 2, 2025, the U.S. Treasury Department put out a press release on the BOI reporting. The Treasury Department indicates that it will not enforce any penalties or fines against U.S. citizens or domestic reporting companies or their owners. The rule will still be enforced against foreign reporting companies only.
What does it mean?
For US companies and US citizens, right now, the Treasury Department won’t be enforcing fines or penalties. That announcement may be relied on for now, but it is not law. The Treasury Department can change its mind about narrowing the law and begin to enforce fines if it decides to do so. It’s also complicated for people who own businesses across the border, who may still have to comply or be heavily fined.
If you are a business owner, reach out to a skilled business law attorney at Townsend Allala, Coulter & Kludt, PLLC. Contact us online or give us a call at 915-533-0007 to find out if you need to comply.
The Social Security Windfall Elimination Act
Many people are beginning to see an increase in their Social Security benefits. Rosie. Rosie was a teacher for 20 years. During that time, she paid into the Texas Teachers’ Retirement System (TRS). After that, Rosie became a therapist at a private firm, where she worked for another 20 years. While she was a therapist, Rosie paid into the Social Security Administration (SSA). At retirement, Rosie’s Social Security entitlement should have been $3,000, but she would also be receiving $2,000 from TRS for her years as a teacher. Until the passage of the windfall Elimination Act, Rosie would only have received $1,000 from her Social Security. Her total retirement income would only be $3,000, not the $5,000 she was expecting.
In late 2024, though, congress passed the Windfall Elimination Act. This law stops offsetting the Social Security benefits for Rosie and other people who worked in the public sector. Now, Rosie will receive all $5,000 of her retirement income!
This can be true even for some people who never worked in the private sector. If Rosie had spent her whole 40-year career in teaching, but her husband, Henry, had worked as a therapist his entire career, Rosie could be entitled to draw a spousal benefit from Henry’s work history. If Henry’s Social Security benefit was $4,000, Rosie should have been entitled to $2,000. Before the Windfall Elimination Act, though, Rosie would still have gotten an offset for her $2,000 TRS pension and received nothing. Now, though, Rosie can get both her TRS retirement and the spousal benefit she’s entitled to under Henry’s work history.
If you or your spouse worked in the public sector, like a teacher, the military, or for a city organization, it may be time to reevaluate your retirement benefits. If your Social Security benefits were being offset by that public sector work, check in on your current Social Security status. If you didn’t apply for Social Security because of the offset, it’s important to file now. If you previously filed, be sure that your check is going up. Reach out to the SSA to be sure that you are receiving the full amount you are entitled to! Then, take the time to speak with an attorney about how any changes effect your estate planning and retirement.
Take Control of Your Retirement and Estate Planning
Understanding your Social Security benefits is just one piece of securing your financial future. If you or your spouse have worked in the public sector, recent changes in the law could mean you are entitled to more than you expected. Don’t leave money on the table—ensure your estate plan aligns with your updated retirement income.
The experienced elder law attorneys at Townsend Allala, Coulter & Kludt, PLLC are here to help you navigate these changes and protect your financial future. Contact us online or give us a call at 915-533-0007 today to discuss how these changes impact your estate planning and long-term financial security.
Sorry I’m Dead: Why a letter to executor can be as important as crafting your estate plan.
Wills should accomplish two important objectives: 1) clearly identify who will be the beneficiary of your assets when you die and 2) clearly appoint the executor to be in charge of that process.
Doing everything possible to prepare now eases slightly the burden on your loved ones when they need it most.
When a loved one dies, families and friends face a host of functional problems in wrapping up the business of that person’s life. And so, a well thought-out estate plan will have much more than just a will.
One of these other documents is called a “Letter to Executor”.
A letter to the executor is an informal document which is not legally binding on the executor and the contents should be tailored to your needs. You can express your hopes and dreams as to how your estate might be used to benefit your loved ones. You can leave a final note saying goodbye. You can leave a listing of your assets and contact information for your financial manager and or CPA. You can leave social media usernames and passwords, or passwords to digital assets. Whatever information you think might be helpful, a letter to executor is a good chance to provide that to your loved ones.
Ready to plan your estate? Contact Townsend Allala, Coulter & Kludt today or request a consultation online with a seasoned and skilled estate planning attorney in El Paso, TX.
Are you in El Paso, TX, and trying to figure out Medicaid eligibility? It might be time to consult with a Medicaid attorney.
How Can a Lawyer Help With Medicaid Eligibility and Planning?
Understanding Medicaid Requirements
Medicaid is a federal program and also a state program meant to help with healthcare access for individuals who have a limited income and limited resources. Your eligibility will depend on the federal guidelines as well as the specific rules in the state of Texas. A Medicaid lawyer can help you assess your income, property and assets, and also any other factors that affect your eligibility for the program.
Read the rest of this entry »Everyone should plan to have a little fun in their retirement, but it’s vital to think about practicalities too. An elder law lawyer can guide you through your options to protect your assets while ensuring you receive high-quality care. In this article, we outline some of the key issues to consider for long-term care in El Paso, TX.
Key Considerations When Planning for Long-Term Care in El Paso, TX
Health
If you have any disabilities or chronic conditions, you should consider how your needs might change as you get older and what type of care you are likely to require. Even if you are in good health now, it’s vital to have a plan in case your circumstances change. Ideally, this plan should cover all eventualities, from low-level support right through to full nursing care.
It’s not easy to think about worsening health, and even harder to discuss it with your loved ones. But by having an honest conversation with your family, you’ll be able to decide what care you might need from external sources. Various care options are available including day centers, nursing care homes, and at-home services.
Read the rest of this entry »What Are the Benefits of Early Estate Planning?
Estate planning is something that many people prefer not to think about. As trusted El Paso estate planning lawyers, we have many years of experience in guiding individuals through the process and explain why it’s never too early to start estate planning and what the benefits are.
Advice from an El Paso Estate Planning Lawyer: The Benefits of Early Estate Planning
Provides Valuable Protection
A proper estate plan can be far-reaching and include not only a will but potentially also trusts and power of attorney. This provides you with assurance that your assets will be distributed exactly how you want and that there will be no legal complications. It also ensures that your estate is being considered in its entirety rather than piecemeal so you can check that the final outcome delivers what you want.
Read the rest of this entry »As we age, planning for long-term care becomes increasingly vital. The costs of assisted living, nursing homes, and in-home care can quickly drain savings if not properly planned for. Long-term care planning helps you prepare for the unexpected while safeguarding your assets and ensuring your wishes are honored.
What is Long-Term Care Planning?
Long-term care planning involves creating a roadmap for managing healthcare and daily living needs as you age. This process often includes:
- Assessing potential care needs
- Exploring care options like assisted living or in-home support
- Strategizing to cover the costs of care without depleting savings
- Preparing legal documents to ensure your wishes are respected
Good planning can help you reduce or even avoid estate taxes. Here’s some advice from an estate planning lawyer in El Paso, TX on a few strategic steps you can take to handle your estate in the most tax-efficient way possible.
How Can You Minimize Estate Taxes Through Proper Planning? Advice from an Estate Planning Lawyer in El Paso, TX
Understand Federal and State Exemptions
The federal estate tax exemption is a set amount below which an estate does not owe federal estate taxes. This amount can vary depending on legislative changes. In some states, additional estate or inheritance taxes may apply, but there are no estate taxes imposed by the states of Texas or New Mexico.
Make Use of Lifetime Gift Tax Exemptions
Under current laws, you can gift up to a certain amount per year per recipient without incurring gift taxes or reducing your lifetime estate tax exemption. Making these annual gifts transfers wealth out of your estate, so regular gifting over time can significantly reduce the taxable portion of your estate.
Read the rest of this entry »Connect with us
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