Peter G. Milne - East Texas Elder Law Attorney

Medicaid Eligibility | Probate Law

Estate Planning | Elder Law

G reenville Longview

Palestine Terrell Tyler

321 W. Houston St.
Tyler, TX 75702 { map }
Phone (903) 593-9300

The east Texas law firm of Peter G. Milne, P.C. in Tyler, TX strives to represent their clients with commitment, diligence, determination, understanding and compassion. We serve all of East TX including Greenville, Longview, Palestine, Terrell, and Tyler TX. W hat separates us from rest is not what we do, but how we do it. We work as a team solving legal problems in a smart, comprehensive, and holistic manner.

Our satisfied clients include people of all ages and from all walks of life, small and large businesses, non-profit organizations and trustees. We advise, counsel and represent clients/strong> referred by other attorneys, certified public accountants, tax return preparers, financial advisors, past opponents and their legal counsel, and most importantly, by current and former clients.

Our mission is to provide excellent legal counsel and advocacy in the practice areas of tax law, business law, estate planning, wills, trust and probate law, elder law, including medicaid planning and guardianships and in family law. Don't make the mistake of not taking the time to find out more about our firm. You'll discover how we can help and why we are different in every way. Elder Law Attorney - Tyler, TX

We are dedicated to providing assistance in the following areas:

Medicaid Eligibility

You do not have to spend down all of your assets to qualify for nursing home care through Medicaid. Unfounded fears of losing one’s home often result in individuals making the mistake of then selling their home. Individuals may also unnecessarily give away assets because they mistakenly believe certain assets will otherwise be lost.

The goal of our attorneys at Peter G. Milne, P.C. is to protect your assets as much as is legally possible. Even should both you and your spouse be in a nursing home, we understand how to safeguard your estate without jeopardizing your Medicaid eligibility. This is possible even in the event you already entered a long-term care or assisted living facility.

Probate Law

Probate is the court process by which a will is proved valid or invalid. or is the legal process wherein the estate of a decedent is administered. When a person dies, his or her estate must go through probate, which is simply a process overseen by a probate court. If the decedent leaves a will directing how his or her property should be distributed after death, the probate court must determine if it should be admitted to probate and given legal effect. If the decedent dies intestate— without leaving a will —the court appoints a personal representataive or administrator to distribute the decedent’s property according to the laws of descent and distribution.

Typically, these laws direct the distribution of assets based on hereditary succession. In general, the probate process involves collecting the decedent’s assets, liquidating liabilities, paying necessary taxes, and distributing property to heirs. Probate procedures are governed by the laws of the state in which the decedent died, held property or resided. In Texas, the probate courts have jurisdiction to hear matters involving incapacitated adults.

Estate Planning

The overall planning of a person’s wealth during thier lifetime or upon death is generally referred to as estate planning. An estate planner must take into consideration the client’s goals and objectives so he or she may advise as to tax planning and tax consequences. Estate planning may include the preparation of a will, a trust, a financial power of attorney, a medical power of attorney and an advance healthcare directive (living will). In order to meet a person’s goals with respect to a tranfer of wealth and to prepare for incapacity and death a client and estate planner will discuss and analyze numerous factors, such as current and future finances, current law and anticipated changes in the law, insurance needs, investment strategy, and tax implications. A knowledgeable and experienced attorney knows exactly what questions to ask.

Estate Planning typically includes...

creation of a will or trust;
limiting estate taxes by setting up trust accounts in the name of beneficiaries;
appointing a guardian for living dependents;
appointing an executor of the estate to oversee the terms of the will or a trustee of the trust;
setting up methods and means by which assets are transferred to beneficiaries outside of probate;
reviewing and revising business agreements so that the passing of business interests under the business agreement does not conflict with the terms of a will or trust;
making funeral arrangements; and
establishment of annual gifting to reduce the taxable estate.

Elder Law

The practice of “Elder Law” is akin to the practice of Family Law in many ways, with one great exception–in Elder Law matters, the roles are often reversed and adult children present legal issues involving their elderly parents. These issues are varied and sometimes complex, but always emotionally charged. The adult children may disagree and the parents may be unwilling or unable to participate in the decision making.

Parents or children may receive erroneous advice about transferring of assets between parents and their children, which, if implemented, may disqualify the parent from receiving Medicaid assistance. We assist the family with the following types of issues:

Medicaid Qualification
Veteran’s Aid and Attendance Qualification
Wills and Trusts
Transfer of Assets
Asset Protection
Powers of Attorney for Finances and Health Care
Advance Health Care Directive (Living Will) for End of Life Medical Decisions
Adult Guardianship
Elder Abuse and Exploitation

About Attorney Milne

Peter G. Milne was born in 1956. He served in the US Navy from 1974-77. Peter graduated from Humboldt State University with a B.A. in Geology in 1982 and practiced as a private industry and government geologist.

In 1998 Peter started law school. He graduated from the Golden Gate University School of Law in May, 2002 and was licensed in the State of Texas in 2002 and in California and the District of Columbia in 2003. In 2003, Peter earned a Master of Laws in Taxation.

Peter is a member of the bar associations in Texas, California and the District of Columbia. He is admitted to practice in the U.S. District Court for the Northern District of California, the Eastern District of Texas, the U.S. Tax Court and the Court of Federal Claims. He is authorized to represent taxpayers before the IRS. Peter is a member of the College of the State Bar of Texas, which is an honorary society of lawyers who are among the best trained attorneys in Texas.

Client Satisfaction

Our satisfied clients include people of all ages and from all walks of life, small and large businesses, non-profit organizations and trustees. We advise, counsel and represent clients referred by other attorneys, certified public accountants, tax return preparers, financial advisors, past opponents and their legal counsel, and most importantly, by current and former clients.