Cases

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

Sullivan v. County of Suffolk, 174 F.3d 282 (2nd Cir. 1999)

A tort plaintiff sought to fund his special needs trust without first repaying the Medicaid lien. Citing Norwest, the Court…

4 years ago

Reames v. Oklahoma ex rel. Okla Health Care Authority, 411 F.3d 1164 (10th Cir. 2005)

A 51 year old nursing home resident assigned her Social Security Disability check to a special needs trust. She then…

4 years ago

Bergman v. N.D. Department of Human Services (In re Estate of Bergman), 688 N.W. 2d 187 (N.D. 2004)

Carl Bergman had an annuity account which he transferred to his wife after he was admitted to a nursing home.…

4 years ago

State Dep’t of Human Res. v. Estate of Ullmer, 87 P.3d 1045 (Nev. 2004)

Prior to his death, Harold Ullmer was on Medicaid. At his death, Harold and his wife, Agnes, owned their home…

4 years ago

Hines v. Dep’t of Pub. Aid, 221 Ill. 2d 222 (Ill. 2006)

Beverly Tutinas's husband, Julian, was on Medicaid, but she was not. When Beverly died owning a home valued at $69,641.89…

4 years ago

Stafford v. Idaho Dep’s of Health & Welfare (In re Stafford), 181 P.3d 456 (Id 2008)

Seeking to increase the Community Spouse Resource Allowance (CSRA), the Staffords conveyed their home to a trust. After Mr. Stafford…

4 years ago

James v. Richman, 465 F. Supp. 2d 395 (M.D. Pa. 2006)

Robert and Josephine James were married when Robert went to the nursing home. A resource assessment was done and Medicaid…

4 years ago