Last month, the Arkansas Supreme Court reversed the decision of a local Circuit Court which denied the request of a disabled party, James S. Corn, to establish a Special-Needs Trust on his behalf. James S. Corn, who is in his 50s, became disabled, suffering from memory loss. He receives both SSI and Medicaid. His partner […]
Ten years ago, the landscape of asset protection or Medicaid planning changed dramatically with the passage of the Deficit Recovery Act (DRA) of 2006. In relevant part, this act impeded prudent estate planning for individuals seeking to secure their assets from long term care costs by expanding the lookback period for gifting from three years […]
Over the past year, Bob Mason, a nationally elder law attorney from North Carolina, has created a podcast known as the Trust Hacker. In these podcasts, Bob interviews attorneys from all over the country regarding issues effecting trusts, estates, elder law and special needs planning. Recently, I was humbled to be interviewed by him. The […]
A never ending issue facing the court system is the establishment and enforcement of an individual’s obligation to support his or her minor children. A question which should be diligently explored in this area is the enforcement of that obligation if a parent dies prior to fulfilling all of his or her obligations. A recent […]
In 1984, Prince released what was arguably his penultimate album – the soundtrack to his semiautobiographical film, Purple Rain. This classic filled compilation was ignited by its initial track, “Let’s Go Crazy”. A phenomenal song with a phenomenal title. Yet it appears it is regrettably the theme for his estate plan – or apparently lack […]
Last week, in the case entitled J.G. v. Division of Medical Assistance and Health Services and the Morris County Board of Social Services, the Appellate Division of the Superior Court ruled that monthly payments from an annuity are considered solely as income for purposes of determining the rights of a Community Spouse to receive a […]
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 […]
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 […]
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. […]
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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