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Articles

Medicaid Agency’s Residency Requirement Violates U.S. Constitution

No Comments News & Updates

A U.S. district court holds that requiring a Medicaid applicant to reside in-state for a period of time before her benefits are determined is a violation of her fundamental right to interstate travel as guaranteed under the U.S. Constitution. Duffy, et al., v. Meconi, et al. (Del., C.A., No. 05-127, Sept. 11, 2007).

VA Aid & Attendance Benefit a Well Kept Secret

No Comments Elder Law

Tens of Thousands of our Veterans have earned and qualify for a pension benefit of up to $1,800 per month that can be used to pay for assisted living or attendant in-home care, but information about the program appears to be a well kept secret.  Inquiries to local VA offices are often met with denial […]

Dead Hand Control

No Comments Estate Planning

Wills can be powerful instruments, as thewill of Leona Helmsley makes clear. The hotelier and real estate mogul became asymbol of 1980s greed and was given thenickname ”the Queen of Mean” afterrevelations of her tyrannical treatment ofemployees came to light during her 1988 trialon tax evasion charges. A housekeepertestified that she heard Helmsley say, ”Onlythe […]

Parents of Deceased SNT Beneficiary Must Be Paid for Caregiving Services Before Medicaid

No Comments Elder Law

An Indiana appeals court rules that before the state may be reimbursed for its Medicaid payments to an SNT beneficiary, the beneficiary’s parents must be paid for the uncompensated care they rendered. State v. Hammans (Ind. Ct. App., No. 55A04-0606-CV-294, Aug. 2, 2007).  

Nursing Home Not Permitted to Recover Attorney’s Fees

No Comments Elder Law

An Oregon appeals court rules that foreclosing on a lien to recover the costs of a resident’s care does not allow a nursing home to also recover attorney’s fees pursuant to a contract with the resident’s agent. King City Rehab, LLC v. Clackamas County  (Or. Ct. App., No. CV05020792; A132436, Aug. 1, 2007).

Child Conceived by Artificial Insemination Does Not Inherit

No Comments Estate Planning

The Supreme Court of New Hampshire rules that a child conceived after her father’s death through artificial insemination is ineligible to inherit from him as his surviving issue. Khabbaz v. Commissioner. (N.H., No. 2006-751, Aug. 9, 2007).

Child Conceived by Artificial Insemination Does Not Inherit

No Comments Estate Planning

The Supreme Court of New Hampshire rules that a child conceived after her father’s death through artificial insemination is ineligible to inherit from him as his surviving issue. Khabbaz v. Commissioner. (N.H., No. 2006-751, Aug. 9, 2007).

CPA Fined for Unauthorized Practice of Law

No Comments Estate Planning

The Delaware Supreme Court fines an accountant for using two lawyers in a "contemptuous scheme" to circumvent its earlier order that the accountant cease engaging in the unauthorized practice of law by drafting wills and trusts for clients. In the Matter of Estep (Del., No. 647, 2006, Aug. 15, 2007).

Social Security Retirement Benefits

No Comments Elder Law

Social Security was enacted   in 1935 to provide some relief to America’s destitute older citizens during   the economic cataclysm known as the Great Depression. A direct descendant of   that more limited effort, today’s Social Security program is in fact a group   of related programs, each with its own eligibility and payment […]

Life Settlements: Understanding the Opportunity for Your Clients

No Comments News & Updates

This article addresses a topic that many professionals do not understand fully — life settlements. For the right clients, a life settlement offers a significant advantage over the alternatives – and one that the client and the planning team should at least consider. Life Settlements – The Basics    The secondary market for life insurance […]

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