Elder Law

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…

5 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…

5 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…

5 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…

5 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…

5 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…

5 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…

5 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…

6 months ago

TennCare’s Medicaid Renewal Process was Illegal and Flawed

The Tennessee Justice Center and its legal partners brought a class action in the U.S. District Court for the Middle…

6 months ago

Proposed Legislation would turn estate planning on its head

The American Housing and Economic Mobility Act of 2021 (now "of 2024") may have taken on new life recently as…

6 months ago