Cancelled – Breakfast Seminar – March 27

Due to concerns for your safety and that of our staff, we are cancelling the March 27 breakfast and presentation.  We urge you to observe all precautions to prevent the corona virus (COVID 19) from affecting you or your loved ones. We support and are observing the recommendations of the CDC with social distancing, hand washing, and other recommendations

However, we are here for you with answers for your legal questions. Feel free to call us at 817-638-9016 to schedule your free 30-minute phone meeting on your legal questions at age 55+. 

We will work with you by phone or in the office to help you navigate this challenging time. 

 

 

 

FREE “Ask a Lawyer” Event & Lunch – Wed., Feb. 19

Join us for a FREE “Ask a Lawyer” event, including fried chicken lunch, on Wednesday, Feb. 19, at the Flower Mound Senior Center from 12 noon to 1 pm. 

Travis Weaver, an attorney focused on elder law, will provide info and answer your questions on legal concerns for those 55+ and their loved ones (details below).

Enjoy a free lunch of fried chicken tenders, mashed potatoes, gravy, and cole slaw.

Seating is limited. Call 817-638-9016 to reserve your space!

Announcement Flower Mound Sr Ctr talk

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Wednesday, February 19 – Free event and free fried chicken lunch from 12 noon to 1 pm 

Event Location
Flower Mound Senior Center 
2701 W. Windsor Dr.

Seating limited! Please call 817-638-9016 to reserve your place

Answering questions and providing info about legal concerns for those 55+ and their families/caregivers including
–Qualifying for Medicaid-paid Nursing Home Care
–Wills & Probate
–Power of Attorney
–FAQ time for your 55+ legal questions

Can’t make it? Call Travis Weaver, attorney, at 817-638-9016 for a free 30 minute phone meeting about legal concerns for those 55+

New office in Flower Mound!
We’re proud to provide easy accessibility for clients needing an elder law attorney in Flower Mound, Bartonville, Lantana, Argyle, and the surrounding area. 

Flower Mound Office Location
4315 Windsor Centre Trail, #500
Flower Mound, TX
(Shared with Chenault Law Firm)

Bartonville Office Location
Bartonville Town Center
2648 FM 407, Suite 215 F
Bartonville, TX 

Wise County – Principal Office Location 
(about 15 minutes from Denton, Decatur, and Fort Worth)

101 W. First St.
Rhome, TX 

 

 

 

 

 

FREE “Ask a Lawyer” Event & Breakfast – Friday, Jan. 31 at 10 am

Join us for a FREE “Ask a Lawyer” event, including country breakfast, on Friday, Jan. 31, at Robson Ranch. 

Travis Weaver, an attorney focused on elder law, will provide info and answer your questions on legal concerns for those 55+ and their loved ones (details below).

Enjoy a free country breakfast with scrambled eggs, hash browns, bacon, sausage, biscuits, gravy, coffee, and juice at this educational event.

Seating is limited. Call 817-638-9016 to reserve your space!

Free "Ask a Lawyer" Event & Breakfast graphic

 

 

 

 

 

 

 

 

 

 

 

 

 

Friday, January 31 – Free event and free country breakfast
10 am to 11 am 

Event Location
Robson Ranch Clubhouse – Boardroom
9400 Ed Robson Blvd in Denton

Seating limited! Please call 817-638-9016 to reserve your place

Answering questions and providing info about legal concerns for those 55+ and their families/caregivers including
–Qualifying for Medicaid-paid Nursing Home Care
–Wills & Probate
–Power of Attorney
–FAQ time for your 55+ legal questions

Can’t make it? Call Travis Weaver, attorney, at 817-638-9016 for a free 30 minute phone meeting about legal concerns for those 55+

New office in Flower Mound!
We’re proud to provide easy accessibility for clients needing an elder law attorney in Flower Mound, Bartonville, Lantana, Argyle, and the surrounding area. 

Flower Mound Office Location
4315 Windsor Centre Trail, #500
Flower Mound, TX
(Shared with Chenault Law Firm)

Bartonville Office Location
Bartonville Town Center
2648 FM 407, Suite 215 F
Bartonville, TX 

Wise County – Principal Office Location 
(about 15 minutes from Denton, Decatur, and Fort Worth)

101 W. First St.
Rhome, TX 

 

 

 

 

 

VA Changes for Pension Qualification — Important Updates

Photo of battered combat bootsLast fall, the Veterans Administration (VA) made changes to applying for pension benefits. To help you better understand how these changes affect veterans and their families, we’ve summarized information in the following article.

If you need help with your VA pension application, we offer a free 30 minute phone meeting with Travis Weaver, an attorney focused on elder law. Call 817-638-9016 today to schedule your free phone appointment to help you decide if legal planning may be of assistance in maximizing your VA pension benefits. 

Calculating Net Worth

When reviewing an application for VA pension benefits, caseworkers in the past have been given a great deal of leeway. Determinations were based on the claimant’s life expectancy and rate of asset depletion as estimated by the caseworker.

The VA has now set a bright-line net worth limit of $123,600. This amount is the maximum community spouse resource allowance (the CSRA) used to determine Medicaid eligibility. As such, it is subject to routine cost-of-living increases.

The new rule should increase the approval rate for claimants seeking VA pension benefits. Under the previous approach, caseworkers often denied benefits to needy veterans. The specific guideline removes a problem with the approval process.

Assets and VA Pension Benefits

The VA also looks at a claimant’s assets when determining eligibility for benefits. The new rule is similar to the old rule in that certain assets are excluded from the asset calculation: the primary residence and personal property.

However, changes were made to the primary residence exclusion:

  • The residential lot area is limited to two acres, unless any additional acreage is unmarketable.
  • Mortgages and other encumbrances will not be used during asset calculation, since the property itself is excluded.
  • The proceeds from the sale of the primary residence must be used to buy another primary residence during the same calendar year.

In terms of asset calculation, the new rule didn’t bring any big surprises or new headaches. The same cannot be said for the changes involving asset transfers.

Asset Transfers and Penalties

Applicants occasionally attempt to reduce their net worth by transferring or spending down their assets shortly before filing a claim. The VA has frowned on this practice but has not enforced regulations prohibiting it.

However, the VA now employs a “look-back” period, which is the thirty-six-month period prior to the date the claim was filed Covered assets transferred within the look-back period may trigger a transfer penalty of up to five years.

The term “covered asset” is now defined as property that:

  • Was included in the claimant’s net worth;
  • Was transferred for less than the asset’s fair market value; and
  • Would have caused the claimant’s net worth to exceed the VA’s limit if claimant had retained it.

Penalties may be assessed for transfers made to irrevocable trusts and annuities unless the claimant is able to access and liquidate the funds. However, an exception was written into the rule to exclude transfers that resulted from “fraud, misrepresentation or unfair business practices” as long as the claimant has reported the incident to law enforcement.

When filing for VA pension benefits, calculate any potential penalty periods before filing a claim. In some cases, waiting until the expiration of the look-back period can minimize the penalty period.

Reducing Income under the New Rule

A claimant’s net worth is the total of assets and annual income. Reasonably predictable non-reimbursed medical expenses may be used to bring a claimant’s income within eligibility limits.

Under the new rule, the VA broadened the scope of allowable medical services to include items and services that “prevent, slow, or ease an individual’s decline.” [section 3.278(c)]. In addition, claimants may include the cost of an independent living facility as a non-reimbursed medical expense.

The increased deduction for reasonable predictable non-reimbursed medical expenses signifies an important change that may pave the way for better care. 

Learn More about the Current VA Pension Benefit Rules

Changes to VA rules have radically affected the way some claimants qualify for VA pension benefits. As we mentioned earlier, if you need help with your VA pension application,  we offer a free 30 minute phone meeting with Travis Weaver, an attorney focused on elder law to help determine if legal advice may be of benefit.  Call 817-638-9016 today to schedule your free phone appointment and learn more about legal planning to help qualify for maximum VA benefits. Our offices are conveniently located Rhome, Flower Mound, and Bartonville

FREE “Ask a Lawyer” Event – Wed., Oct. 23, at 3 pm

Join us for a FREE “Ask a Lawyer” info event on Wed., Oct. 23, answering your questions on legal concerns for those 55+ and their families (details below).
Travis Weaver, attorney focused on elder law, will provide info and respond to your questions.

Seating is limited. Call 817-638-9016 to reserve your space at ICARE Rehabilitation Center, the event location. 
Free "Ask an Atty" event flier

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Wednesday, Oct. 23 – Free event
3 pm – 4 pm

Event Location – ICARE Rehabilitation Center
3100 Peters Colony in Flower Mound
Seating limited! Please call 817-638-9016 to reserve your place

Answering questions and providing info about legal concerns for those 55+ and their families/caregivers including
Qualifying for Medicaid-paid Nursing Home Care
Wills & Probate
Guardianship
Power of Attorney
Special Directives
FAQ time for your 55+ legal questions

Can’t make it to a session? Call Travis Weaver, attorney, at 817-638-9016 for a free 30 minute phone meeting about legal concerns for those 55+. 

New office in Flower Mound! We’re proud to now help clients needing an elder law attorney in Flower Mound, Bartonville, Lantana, Argyle, and the surrounding area. 

Flower Mound Office Location
4315 Windsor Centre Trail, #500
Flower Mound, TX
(Shared with Chenault Law Firm)

Bartonville Office Location
Bartonville Town Center
2648 FM 407, Suite 215 F
Bartonville, TX 

Wise County – Pricipal Office Location 
(about 15 minutes from Denton, Decatur, and Fort Worth)

101 W. First St.
Rhome, TX 

 

 

 

 

 

FREE Info Event – Ask an Attorney – Legal Issues at 55+ — Adult Children Welcome

Join us for a FREE info event answering your questions on legal concerns for those 55+ and their families. Travis Weaver, attorney focused on elder law, will provide info and respond to your questions.

Looking forward to seeing you on Wednesday, Sept. 18! Seating is limited. Call 214-285-3200 to reserve your space at Hollymead Continuing Care in Flower Mound, the location for the info sessions.  Check out detailed info on the flier below. The information is also repeated directly below the flier for your convenience.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Wednesday, Sept. 18 – Free event
1st Session   4:30 pm to 5:30 pm
2nd Session  6:30 pm to 7:30 pm 

Hosted at Hollymead Continuing Care
4101 Long Prairie Rd in Flower Mound
Seating limited! Please call 214-285-3200 to reserve your place

Answering questions and providing info about legal concerns for those 55+ and their families/caregivers including
Guardianship
Power of Attorney
Special Directives
Wills & Probate
FAQ time for your 55+ legal questions

Can’t make it to a session? Call Travis Weaver, attorney, at 817-638-9016 for a free 15 minute phone meeting about legal concerns for those 55+. 

New office addition in Bartonville! We’re proud to now help clients needing an elder law attorney in Flower Mound, Bartonville, Lantana, Argyle, and the surrounding area. 

Main office in Rhome (about 15 minutes from Denton, Decatur, and Fort Worth). 

 

 

 

 

New! Celebrating 25 Years – Additional Office Opens in Bartonville

Our gratitude for the privilege of helping families with legal issues and estate planning in north Texas  for 25 years is beyond words–that’s why we created this heartfelt video! We’re delighted to celebrate with the opening of a convenient second office for Weaver Firm – Attorneys.  Although we’re excited about adding a second location, our original office in Rhome, about 15 minutes from Decatur, Fort Worth, and Denton, remains our principal office.   

The new location at Bartonville Town Center is open on Fridays from 9 am to 5 pm and other week days by appointment.  Feel free to call 817-638-2022 to schedule an appointment at this new, easily accessible location. 

Directions to the new Bartonville office for Weaver Firm – Attorneys

Bartonville Town Center

2648 FM 407,  Suite 215 F

  • Use elevator to go to 2nd floor
  • Exit right from elevator
  • Go left down long corridor – Enter Suite 215
  • Go past lobby
  • Turn right at end of hall
  • Suite F is on the left

 

 

 

 

What’s a Revocable Trust? Why Should I Consider This Legal Tool?

Protect your estate with a revocable trust

If you have a large amount of assets, children from different marriages, or own a business, your estate planning attorney may recommend a revocable trust.

Forbes’ recent article, “Revocable Trusts And Why Should You Consider One,” explains that a revocable trust, also called a “living trust” or an inter vivos trust, is created during your lifetime. On the other hand, a “testamentary trust” is created at death through a will.

A revocable trust, like a will, details disposition provisions upon death, successor and co-trustees, and other instructions. Upon the grantor’s passing, the revocable trust functions in a similar manner to a will.

Advantages to a Revocable Trust

  • A revocable trust is a flexible vehicle with few restrictions during your lifetime.
  • You usually designate yourself as the trustee and maintain control over the trust’s assets.
  • You can move assets into or out of the trust, by re-titling them. This movement has no income or estate tax consequences.
  • It is not a problem to distribute income or assets from the trust to fund your current lifestyle.
  • A living trust has some advantages over having your entire estate flow through probate. The primary advantages of having the majority of your assets avoid probate, is the ease of asset transfer and the lower long term costs to your estate.
  • A revocable trust provides privacy. A probated will is a public document that anyone can view.
  • Provides for the possibility of future diminished legal capacity, when it may be better for another person, like a spouse or child, to help with your financial affairs. A co-trustee or successor trustee can pay bills and otherwise control the trust’s assets. This can also give you financial protection, by eliminating the need for a court-ordered guardianship.

Do I still need a will? Even with a revocable trust, you still need a will. A “pour over will” controls the decedent’s assets that haven’t been titled to the revocable trust, intentionally or by oversight. These assets may include personal property. This pour-over will generally names the revocable trust—which at death becomes irrevocable—as the beneficiary.

There are many different strategies available to protect your family and your property. At the Weaver Firm – Attorneys, we’re glad to visit with you about ways to ensure your estate plan follows the proper formats and procedures. We can also help you clarify your goals and make sure that your plan puts them into action, after your death or if you are no longer able to make your own decisions.

Give us a call at 817-638-9016 to schedule an appointment. We also offer a free 15-minute phone meeting with Travis Weaver, attorney, as an opportunity for questions and answers. We look forward to helping your family make plans for the future today.

 

 

 

 

Ask an Attorney – Free Info Sessions – Friday, June 14, in Decatur

You can qualify for Medicaid nursing home benefits regardless of your income.

Free “Ask an Attorney” info sessions with Travis Weaver, attorney focused on elder law.

Join us! Learn about qualifying for Medicaid nursing home care benefits while keeping many of your assets. Plus, ask questions of Travis Weaver, attorney focused on elder law. Check out details and reservation info for your choice of two free sessions described below: 

Friday, June 14 

Travis Weaver, Attorney - Speaker
Focused on Elder Law

How to Qualify for Medicaid Benefits
To Pay for Nursing Home Care
Info Session Provides Answers
--Qualify Regardless of Your Income

--Keep Your Home, Car, & More

--Q & A Opportunity for Your Questions

Sessions at Decatur Medical Lodge 

701 W. Bennett Rd. in Decatur, Texas

3:00 pm – 4:00 pm    First Session

4:30 pm – 5:30 pm    Second Session

701 W. Bennett Rd in Decatur, Texas

Seating limited for Decatur presentation. Please call 940-626-2800 to reserve your place.

Unable to attend an info session? Give us a call for a free 15-minute phone meeting
If you're unable to attend a session, we offer a free 15-minute phone meeting to answer your questions about Medicaid benefits
for nursing home care. Schedule your phone meeting today by calling 817-638-9016. We're looking forward to visiting with you.

Travis Weaver and Rick Weaver, attorneys with Weaver Firm - Attorneys, serving Wise County, Denton County, and Tarrant County
Travis Weaver (left) and Rick Weaver bring you and your family deep legal experience
in elder law, wills and probate, and real estate/business law.

Add Digital Planning to Your Will Update Checklist

computer photo

We’re all living in a digital world. From ranting on social media to ranting in emails to ranting at your bank over the internet, your digital life needs to be part of your will or estate plan–now more than ever before.

Most of you have wills or trusts. If you don’t…why not? Let’s assume you do. Those documents were probably drafted in a time without social media, the cloud, maybe even e-mail.

 

Digital estate planning includes–

  • Computers
  • Smartphones
  • Stored files or data (on your devices or in the cloud)
  • Online accounts like Facebook and LinkedIn

You’ll want to plan for care and possession of these items in your will or estate plan–stating who should get the items and, just as important—who should not.  

Your executor and your heirs are likely to run into trouble if you don’t have a digital estate plan, advises a recent Morningstar article, “Do You Have a Plan for Your Digital ‘Estate’?”

For example, social media accounts may also still be up and running. We personally had a family member who passed away with an active Facebook page. De-activating the account took us over a year and hours and hours and hours of legwork.

Steps to update your will or estate plan

  • Conduct a digital fire drill. This will jog your memory about which digital assets you deem important.
  • Consider the following questions:
    • What valuable items would you lose, if your PC, tablet, or other device were lost or stolen?
    • If you’re in an accident, would your family be able to access your significant digital information?
    • If you died today, to what digital property would you like your loved ones to have access?
  • Make an inventory of the digital assets you named during the fire drill. Include user names and passwords. I usually like this inventory to be in written form, but a digital copy is ok–as long as your family can access your computer. Your digital inventory may include these items and more:
    • Computers
    • Smartphones
    • Data-storage devices or media (portable hard drives, thumb drives, etc.)
    • Cloud-stored files and folders
    • Social media accounts
    • Domain names 
    • Intellectual property in electronic format
  • Keep this document safe in a fire-proof safe
  • Remember to back up all your data
  • Formally designate a digital executor so that someone will make sure that your digital assets are managed according to your wishes.
    • You may need to provide this person with a special power or authorization to deal with certain digital assets, like cryptocurrency.
    • Be sure that your will includes a list of specific digital assets and what you want the digital executor to do on your behalf.
    • Finally, be sure this person is fairly tech savvy.

If you have more questions about digital estate planning, give us a call at 817-638-9016 today! Or, check out our detailed information about wills and trusts

By
Travis Weaver, Attorney
Weaver Firm – Serving Wise County, Tarrant County, Denton County and the surrounding area
Travis Weaver, Attorney