Elder Law

Sereboff v. Mid-Atlantic Medical Services, Inc., 547 U.S. 356 (2006)

In Sereboff v. Mid-Atlantic Medical Services, Inc., 547 U.S. 356 (2006), an ERISA Plan sued the plan beneficiaries when funds…

4 years ago

Medicaid Legal Resources

42 U.S.C. § 1396 et seq. https://www.law.cornell.edu/uscode/text/42/chapter-7/subchapter-XIX 42 U.S.C. § 1396p https://www.law.cornell.edu/uscode/text/42/1396p 42 U.S.C. § 1396r-5 https://www.law.cornell.edu/uscode/text/42/1396r-5 42 C.F.R. Part…

4 years ago

Covid 19 law sparks dialogue on nursing home alternatives

"With the memory of the pandemic’s toll in nursing homes still raw, the COVID-19 relief law is offering states a…

4 years ago

In re Valerie R. Pecce Supplemental Needs Trust, 19-P-591 (Mass Ct. App. 2021)

This case presents the question whether a trust created with reference to the Federal Medicaid statutes -- the Valerie R.…

4 years ago

What the Courts have said about the Medicaid Program

Medicaid, just one of the sets of rules applicable to most older adults, is one of the most complex laws…

4 years ago

In re the Estate of: Francis E. Barg, a/k/a Francis Edward Barg, 722 N.W.2d 492; 2006 Minn. App. LEXIS 148 (Ct. App. Minn. October 17, 2006)

The husband died six months after the decedent. The decedent had required nursing home care, and she received Medicaid assistance…

4 years ago

Applicants sought MSJ and Injunction where eligibility was denied due to annuity structure

Plaintiffs were a group of couples with one spouse in the nursing home and other spouse still in the community.…

4 years ago

Penalty is Imposed First Day of Month During or After Assets are Transferred for Less than Fair Market Value

Guardians of two nursing home residents brought suit contending that the State erred by beginning a transfer penalty on the…

4 years ago

No transfer penalty because gift to trust was 36 month look-back applied and it had expired

Hazel Wilson and her husband executed and funded a revocable living trust in 1991. The trust became irrevocable at her…

4 years ago

Norwest Bank N.D. v. Doth, 159 F.3d 328 (8th Cir. 1998)

Sonya Lotzer and Bobbi Lerud were in separate collisions. After settling their negligence claims, they funded special needs trusts without…

4 years ago