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Estate Planning | Elder Law and Medicaid Planning

Probate | Guardianships

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The Michels Law Firm is a boutique healthcare law, litigation, estate planning, and elder law firm located in The Woodlands, Texas area. Founded in 2012, we provide high quality legal services that you would expect from a large law firm at small law firm prices.

We are proud to serve clients throughout the Greater Houston area including The Woodlands, Spring, Tomball, Katy, and Sugar Land, TX.

Whether you need help qualifying for Medicaid, creating an estate plan, or getting a guardian for an incapacitated family member, we deliver results at a reasonable cost.

At the Michels Law Firm we believe clients come first. We know the most common complaint folks have about lawyers is they never return their calls and e-mails. That’s now how we operate. We promptly respond to our client’s concerns and deliver unparalleled customer service.

We are straight forward and plain speaking. We cut out the “legalese” and tell our clients all the facts and legal issues pertinent to their case. We make the complex seem simple and easy to understand . We want to be the law firm that changes your expectations about dealing with lawyers.

Estate Planning

Having an estate plan ensures your loved ones and assets will be taken care of after your passing. Estate planning is more than just having a will designating how your assets will be distributed among the heirs that survive you. An estate plan includes all manner of end of life issues, such as trusts, powers of attorney, directives to physicians in case of injury or illness, and business succession issues. It is never early to prepare for these issues and doing so can spare your loved ones uncertainty and stress during an already difficult time.

T he attorneys at the Michels Law Firm have decades of experience in estate planning issues, including:

• Wills & Trusts
• Probate Proceedings
• Powers of Attorney
• Living Directives to Physicians
• Declarations of Guardianship

Elder Law and Medicaid Planning

 “Elder Law” refers to the numerous and complex legal issues unique to aging seniors. One of the most important issues facing the elderly is how to pay for the cost of long-term care. Many people are shocked to learn that Medicare and most private health insurance do not cover long-term care. The cost of a nursing home in Texas is over $57,000 per year on average. Many families will exhaust all their income, savings, and investments to pay for long-term care and still not have enough.

Unlike Medicare, Medicaid does cover long-term care. Many people incorrectly believe they must spend down all their assets and sell their home to qualify for Medicaid. However, with proper planning guided by an experienced elder law attorney, you can qualify for Medicaid, protect your assets, and prevent all your life savings going to pay nursing home fees. Simple planning with an experienced elder law attorney can save this headache and thousands of dollars in future legal fees.

Here are some of the elder law issues we handle every day at The Michels Law Firm:

• Medicaid Planning
• Appealing Medicaid Denials
• Qualified Income Trusts, also known as “Miller Trusts”
• Special Needs Trusts
• Lady Bird Deeds
• Durable Powers of Attorney
• Medical Powers of Attorney
• Living Directives to Physicians
• Declarations of Guardianship

 Probate

The death of a parent or spouse can be a devastating loss. Even an expected death after a long illness can be a traumatic experience for the family. After the initial shock wears off, the next question is “What am I supposed to do now?”

For many families the answer is they need to probate the deceased person’s estate. “Probate” refers to the general process of a court recognizing the person’s death and administering the distribution of their assets and payment of their creditors.

Most probate cases involve presenting the deceased person’s will to the court and asking the judge to appoint a person – usually someone named in the will – to be named executor of the estate.

The executor’s job is to gather all estate assets, identify and pay debts lawfully owed to valid creditors, and distribute what’s left to the beneficiaries named in the will. Typically, the will must be filed for probate within 4 years after the death.

The experienced attorneys at The Michels Law Firm can tailor a probate strategy for your family that will help relieve stress during an already difficult time.

Some of the probate issues we handle are:

• Probate of a Will and Appointment of Independent Executor
• Dependent and Independent Administrations of Estates
• Affidavits of Heirship
• Muniments of Title
• Small Estates Affidavit
• Will Contests
• Orders for No Administration
• Informal Administration of Community Property

Guardianships

Most people know that a parent is the “legal guardian” of their minor children. But adults may require a legal guardian if they become incapacitated. Guardianship law is the process of someone, called the “applicant” being appointed the legal guardian over the incapacitated person or “ward.”

A guardianship is required when someone is declared incapacitated, meaning that because of a mental or physical condition they are substantially unable to (a) provide for their own food, clothing, and shelter, (b) care for their own physical health, or (c) manage their own financial affairs.

Generally, there are four types of guardianships under Texas law:

• Guardianship of the Person
• Guardianship of the Estate
• Guardianship of both the Person and the Estate
• Temporary Guardianship

A guardianship is not the right answer for every family. The experienced attorneys at The Michels Law Firm commonly handle guardianship matters.

Contact Us

Contact one of the professionals at Michels Law Firm for a free initial conference today at (281) 210-1596 or complete the Request for Information form below.