Elder Law

Construing the Meaning of a Trust: Settlor’s Intent

If called upon to determine the meaning of a trust, or to resolve some ambiguity, Court look for the intent…

3 months ago

Privacy Laws

There are a number of laws protecting your privacy and the privacy of your information. This page describes several of…

3 months ago

Everyone has a Will (Even if you don’t)

Everyone should have a Will. If you don't have a Will then your stuff might go to someone you don't…

3 months ago

Sample Trust Language Appointing Trustee

The following sample language comes from a trust that was drafted years ago, however it remains useful in understanding issues…

3 months ago

Selecting the Trustee

One of the most important tasks when creating a trust is selecting the trustee. You can have the best trust…

3 months ago

Promissory Notes

When the Deficit Reduction Act of 2005 changed 42 U.S.C. ยง 1396p, new restrictions were imposed on promissory notes. Subsection…

3 months ago

Refusal to Answer Medicaid’s Questions Justified Denial of Eligibility

In Lamle ex rel. Lamle v. Shropshire (W.D. Oklahoma 5/29/2024), a United States District Court upheld a denial of benefits…

3 months ago

How much protection does a Medicaid Asset Protection Trust really provide?

In Hammerberg v. Department of Human Servs. (Minn. Ct. App. 4/22/2024), the State made an estate recovery claim against what…

3 months ago

Service Animals and the ADA

Service animals used by individuals with a disability can only be excluded from public places if they cannot be controlled…

3 months ago

Americans with Disabilities Act of 1990: The Basics

On July 26, 1990, President George H.W. Bush signed into law the Americans with Disabilities Act of 1990 ("ADA"), a…

3 months ago