The Mississippi Supreme Court has ruled that a lifetime transfer of property to a spouse is not presumed to be because of undue influence. Typically, the law provides that transfers of assets to a person with a confidential relationship to the giver are presumed to be due to undue influence by the reciever. So, for [...]
The Mississippi Court of Appeals recently ruled that real property that is "exempt" from creditor claims within a probated estate, are not subject to Medicaid's recapture rights. Federal law requires all staets that participate in the Medicaid program to recover the costs of care of a beneficiary against that beneficiary's estate. This practice is commonly [...]
President Obama is proposing to save the federal government $100 billion over the next decade by making changes to the way the federal government aids states to pay for their elderly and disabled. This proposal in the end could lead to the states cutting back on services that they provide to the elderly and disabled, [...]
We recommend that our clients review their plans at least every 3 years to ensure that their planning is up-to-date with their faimly situation and the law. A family will go through many changes over the course of years, and that often should also mean changes to their estate plan. Unfortunately many people simply create [...]
Parents with special needs children must take the necessary precautions in planning for their future care. To plan for a special needs child’s future care, parents need to make sure they plan their estate accordingly. If parents do not execute an estate plan, a special needs child receiving social security income (SSI) could lose their [...]
One of the most annoying aspects of settling small personal injury settlements today is the reporting requirement of the Medicare Secondary Payer Act, which is designed to ensure that Medicare gets reimbursed for past payments that it has made on plaintiff's behalf, and that Medicare's future interst in future claims arising from the injury are [...]
A 32 year old, psychiatric assistant at Millcreek of Pontotoc’s Psychiatric Residential Treatment Facility is charged with sexual battery of a 17 year old patient of Millcreek of Pontotoc's Psychiatric Residential Treatment Facility. The 32 year old woman could face up to 30 years in prison for taking advantage of the minor patient. See here.
The often criticized $830 billion economic stimulus package passed by the Obama administration in 2008 provided, among other things, bonus reimbursement payments for state Medicaid programs. The additional funding was conditioned upon the states not reducing their already existing coverage, and under the program, Medicaid particiaption rose dramatically. It is estimated that the total bonus [...]
A woman gained access to an elderly couple’s home by posing as a health care agent from the “Delaware County Office of Services for the Aging” and claimed to be there to check on the elderly woman, whom is bedridden. The elderly man claimed that the woman spoke with his wife and then left. However, [...]
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News & Updates
A “deathbed will” is not the best way to plan the distribution of one’s assets. In addtion to the problem that you may not actually have a death bead, instead dying instantly and unexpectedly, there is also no guarantee that you will have capacity to create a will. A New York court recently determined [...]
