March, 2016

Can’t I Just Give It Away?

Part 2: Consequences of Gifts Throughout our lives, many of us desire to divest part of our estate to others.  There are a variety of reasons for doing so, including tax avoidance, protection against long term care costs, charitable inclination, and the mere desire to make family members and friends happy.  However, there are often […]

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Can’t I Just Give It Away?

Part 1: Types of Gifts Throughout our lives, many of us desire to divest part of our estate to others.  There are variety of reasons for doing so including tax avoidance, protection against long term care costs, charitable inclination, and the mere desire to make family members and friends happy.  However, there are often certain […]

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Courts Disqualify Special Needs Trusts

In two recent cases, courts in Alabama and New York have deemed that the assets in Special Needs Trust which they have reviewed are available resources and must be spent down entirely prior to the beneficiaries of same receiving Medicaid or other needs based government benefits. In  Alabama Medicaid Agency v. Hardy (Ala. Civ. App., No. […]

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A Will’s A Will But A Deal’s A Deal

Jean M. O’Mealia died on April 21, 2014. She was predeceased by her husband, William Francis Xavier O’Mealia (“Francis”), who died on July 13, 2001. The couple had been married for thirty (30) years. It was the second marriage for both. They had no children together. Each had children from a prior marriage. Upon her […]

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