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Congratulations to Kristina Hernandez

LaGarde Law Firm associate, Kristina Hernandez, was recently elected to serve as Corresponding Secretary for the Mexican American Bar Association of Houston (MABAH). We all wish Kristina much success in her role as an officer of the organization. By Richard LaGarde  Read More →

Congratulations to Amanda Zubire

Congratulations to our paralegal, Amanda Zubire.  She recently graduated from the University of Houston, Downtown with a Bachelor of Business Administration degree.  Way to go Amanda! By Richard LaGarde  Read More →

WRAPPING A MEDICARE SET-ASIDE ARRANGEMENT INSIDE A SPECIAL NEEDS TRUST

by Thomas D. Begley, Jr., Esquire, CELA In any recovery involving a personal injury case, the interest of Medicare must be considered.[1] The idea is that because Medicare is a secondary payer, a beneficiary should not be permitted to receive a recovery for future medical care, pocket the money, and then bill Medicare for that future medical care. Are MSAs Appropriate in TPL Cases? A Medicare Set-Aside... 

Visa Bulletin For July 2015

Number 82 Volume IX Washington, D.C A. STATUTORY NUMBERS 1.  This bulletin summarizes the availability of immigrant numbers during July. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; U.S. Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status. ... 

Proposed New Rules To Protect Investors’ Retirement Savings

On April 14, the Labor Department proposed new rules to provide greater protection for retirement savings. The proposed rules, if finalized, would strengthen requirements for brokers and investment advisers to act in the interests of investors with regard to individual retirement accounts (IRAs) and 401(k)s. The proposed rules are intended to protect investors from being steered into investment products... 

The Importance of The 10 Year Mark in California Marriages

Have you been in a marraige longer than 10 years? California defines a marriage of 10 years or more as a marriage of long duration, meaning that the court will have continuing jurisdiction over the issue of spousal support, compared to a short-term marriage of less than 10 years where someone entitled to spousal support will generally only receive it for one-half the length of the marriage. People... 

Divorce Mediation – A Cost-Benefit Analysis

One of the most common misconceptions that is prevalent in the people today with regards to divorce mediation is that going to court is likely to get them a greater sum of money as opposed to use of mediation. This logic has little practical sense. Think of it in this context: all the property that you buy during the marriage is known as community property and is likely to be divided 50/50. Now subtract... 

In a Pending Lawsuit, Pre-Settlement Litigation Funding Can Make a Difference

Every day innocent victims are injured or die due to the negligence of someone else. It can be the result of an auto accident, medical malpractice, nursing home negligence, or product liability. When people think of filing a lawsuit, they anticipate the settlement but fail to consider the time it might take to achieve justice. In the battle for monetary damages, insurance companies have significant... 

Married Estate Planning Case Study

Sometimes it is helpful to understand estate planning techniques in the form of a case study. Let’s take a hypothetical situation of a married couple of Jim and Jane Smith.  Jim is 72 and Jane is 68.  Both are retired at this point, they have 3 adult children Abby, 45, Bob, 43, and Chad, 38.  Abby and Bob are married with children, Chad is recently divorced with children.  They have $250,000... 

Does a Land Contract Count Towards the Medicaid Asset Limit in Michigan?

A client recently had the issue of planning for Medicaid for his mother who needed Nursing Home care but had limited assets.  One fly in the ointment is that the family had sold mom’s home on a land contract.  The issue is how does Michigan Medicaid treat that land contract. To qualify for Medicaid in Michigan to receive funds to help pay for nursing home care, a single individual or widow... 
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