Estate Planning

Medicaid’s “any circumstance” test for trusts

Medicaid's "Any Circumstance" Test for Trusts In case you missed the memo, Medicaid doesn't like trusts. The rules relating to…

10 months ago

SNT Trustee Ordered to Reimburse Some Conservator Expenses

SNT Trustee Ordered to Reimburse Some Conservator Expenses In Weidner v. Stevenson (Cal. App. 2nd Dist. May 13, 2024), Roberta…

10 months ago

SNT Payback Provision Enforced

In Agency for Health Care Administration v. Spence (Fla. App. 3rd Dist May 22, 2024) the Court of Appeals reversed…

10 months ago

Claim that Trustee Breached Fiduciary Duty Backfires

When someone accepts the position of trustee, he (or she or it) must act for the benefit of the trust…

10 months ago

Transfer-on-Death Deeds in Georgia

During the 2024 legislative session, HB 1247 morphed into SB 420, which passed both houses and was signed by the…

11 months ago

Modifying a trust can be a taxable event

On November 28, 2023, the IRS Office of Chief Counsel published a memorandum addressing whether modification of an irrevocable grantor…

11 months ago

SSI Decisions finding no penalty where beneficiary over 65 funds a pooled trust sub-account

The federal Medicaid statute authorizes the use of individual self-settled special needs trusts for individuals under the age of 65.…

11 months ago

Dementia alone does not prevent someone from executing a valid Will

In Creamer v. Manley, decided March 14, 2024, the Court of Appeals affirmed summary judgment upholding the validity of a…

12 months ago

New Form Approving Special Needs Trust Accounting

Recently we received a document we haven't seen before which informs Medicaid recipients that their special needs trust accounting was…

12 months ago

Special Needs Alliance publishes new Disability Handbook

Recently the Special Needs Alliance published a new handbook for individuals with disabilities and their advocates. The SNA states: "The…

1 year ago