Elder Law

Should I remove the Nursing Home spouse’s name from accounts when there is a Community Spouse?

When applying for Medicaid, the nursing home spouse (called the Institutionalized Spouse) is often a joint owner (or sole owner)…

2 years ago

State’s contigent interest in pooled trust sub-account ends when master trust retains funds, not when it uses them

In the Matter of the Medical Assistance Pooled Special Needs Trust of Scott Hewitt (Iowa 2023), the State Medicaid agency…

2 years ago

IRS Notice 2023-30 – Safe Harbor Deed Language in Conservation Easements

IRS Notice 2023-30 set forth the safe harbor language for extinguishment and boundary line adjustment clauses required by y ยง…

2 years ago

Excel File Was Evidence of Advancement

Gregory Hall created a trust for his children. He also made gifts to his children prior to his death, including…

2 years ago

VA Announces Legal and Financial Planning Services are Now Available for Family Caregivers

On April 25, 2023, the VA issued the following announcement: The Caregiver Support Program (CSP) is introducing a new nationwide…

2 years ago

Failure to Admit Evaluator’s Report Required Reversal of Conservatorship Order

Ms. Humprey was a hospital patient and the University of Tennessee Medical Center filed a petition for Conservatorship. The petition…

2 years ago

Are Pooled Special Needs Trusts Subject to SEC Regulation?

On March 24, 2023, the United States District Court for the Middle District of Florida ruled in Securities and Exchange…

2 years ago

What’s Constitutes a Completed Gift? Walsh v. Bowen (Ga. App. 2023)

In Walsh v. Bowen (Ga. App. 2023), the Court considered whether an inter vivos gift to a 529 account was…

2 years ago

Understanding Trusts: Keeping it EZ

An easy way to think about trusts is to consider the example of a delivery truck. A delivery truck driver…

2 years ago

Medicaid Fundamentals – Rights Are Not Changed

One of the most fundamental, but often overlooked issues when planning for - or evaluating - Medicaid eligibility is this:…

2 years ago