Cases

Medicare Secondary Payer: Cases

CMS has no obligation to accept an MSP liability allocation without an adjudication on the merits (W.D. Kentucky) In this…

4 years ago

Tax Cases

Transfer of Partnership Interest Was Not Immediate Gift (TC) ------------------------------------------ The tax court was faced with whether gifts petitioners made…

4 years ago

Guardianships and Conservatorships: Cases

Clear and convincing evidence supported establishment of conservatorship (TN App) ------------------------------------------ Petitioners petitioned for the appointment of a conservator for…

4 years ago

Right to Die (or Live): Cases

“Right to Live” appeal dismissed as moot (N.J. Super.) ------------------------------------------ Rueben Betancourt underwent surgery to remove a malignant tumor from…

4 years ago

Probate Litigation

Probate heir has no property right in conservatorship estate (Ga.) ------------------------------- Opal Stewart was appointed as her father’s conservator. After…

4 years ago

Medicaid: Cases

Cooperative federalism is not license to re-write clear federal rules (Co. App.) Ruth Koehler sued the Department after it terminated…

4 years ago

Trusts: Cases

Trustee had discretion to assess defense costs to wayward son (Ga. App.) ------------------------------------ Howard McPherson established an irrevocable trust in…

4 years ago

Medicaid: Community Spouse Income Allowance

Hogberg v. State Dep’t of Soc. Servs., 2009 Conn. Super. LEXIS 50 (2009). Lynda Hogberg was admitted to a nursing…

4 years ago

Medicaid: Annuities

James v. Richman, 465 F. Supp. 2d 395 (M.D. Pa. 2006). Robert and Josephine James were married when Robert went…

4 years ago

Medicaid: General Principles Explained by the Courts

Harris v. McRae, 448 U.S. 297 (1980). The Medicaid program created by Title XIX is a cooperative endeavor in which…

4 years ago