In a letter to Medicaid providers, such as nursing homes, dated June 19, 2009, the Division of Medicaid announced that, due to the state's budget crisis, it was out of money and would cease all provider payments until it received funding.  The letter points to a $39 million shortfall in current budgeting.  Once providers notify […]

One writer recently speculated that states could begin looking to children to pay for the Nursing Home and other medical expenses incurred by their parents and paid by Medicaid.  Article here.  Specifically, the suggestion is that Miss. Code Ann. Sec. 43-31-25 be used to require reimbursement from children for the nursing home or other Medicaid […]

The Communications office at the Mississippi Division of Medicaid is apparently on Twitter.  @Medicaid_Truth.  Posts seem to be somewhat political in nature, although I applaud the agency's attempt to use new technology to communicate.  Technology leadership has not been my experience with my usual dealings with Medicaid.  Thanks to www.mississippidemocrats.org for the story. 

Occasionally the issue of joint tenancy arises in an estate, usually in the context of bank accounts.  The common fact pattern is as follows:  Parent names one child as joint owner on his/her checking account for convenience, so that the child can assist with paying bills for the parent.  The Parent has language in his/her […]

I am witting this post while sitting in the Chancery Courthouse of Leake County, Mississippi, waiting for my turn before the judge to get an order signed.  The matter in front of mine illustrates the importance of adequate estate planning.  The case involved a lawsuit between the niece of a decedent and the decedent's wife.  […]

Over the past several weeks I have had occasion to address an all too common circumstance surrounding surprise beneficiary designations. Unfortunately, these "suprises" usually only become known at the death of the account owner when the surviving spouse or children seek to claim benefits they were expecting, only to discover that the beneficiary designation contains […]

In modern society, our pets are an important part of our families. We take them to the groomer so they look their best, take them to the doctor when they are sick, and take them to stay in the “Pet Hotel" or “Spa” when we travel. We even pay extra so they get played with […]

In Private Letter Ruling 200846001, the IRS ruled favorably for the taxpayer with regard to a Grantor Retained Annuity Trust, or “GRAT,” that contained a provision allowing the grantor, or creator of the trust, to substitute assets of the GRAT for other assets of equivalent value. A Grantor Retained Annuity Trust is a “freeze” technique used by individuals with taxable estates. Assets that are expected to appreciate in value are contributed to a grantor trust.

Probate is generally thought of as being an expensive and time consuming process.  The short answer is because probate requires certain formalities and delays built into the court system. These are not necessarily bad things, and on some occasions we will even go out of our way to ensure that the estate, or at least […]

Probate is generally thought of as being an expensive and time consuming process.  The short answer is because probate requires certain formalities and delays built into the court system. These are not necessarily bad things, and on some occasions we will even go out of our way to ensure that the estate, or at least […]