An Illinois appeals court rules that a Medicaid applicant could not appeal the Medicaid agency’s refusal to reopen her case because such a decision does not require due process, unlike the decision to deny her application. Flachs v. Illinois Department of Human...
With nursing home care in some parts of the country costing as much as $10,000 a month, a long-term need for care can deplete even the best-planned estate. As a result, many seniors buy long-term care insurance to cover this risk. One great advantage of this insurance...
More Americans than ever can now store information on smartphones and tablet devices. Whether engaging in online banking, using a mobile plane boarding pass, or creating work calendars shared in the cloud, the internet provides needed connectivity. Yet critical...
Yes. If someone transfers property for less than fair market value within five years of applying for Medicaid, they will be subject to a penalty period. This penalty is a period of time during which the person transferring the assets will be ineligible for Medicaid....
Just as we create estate plans for our eventual demise, we also need to plan ahead for the possibility that we will become sick and unable to make our own medical decisions. Medical science has created many miracles, among them the technology to keep patients alive...
Massachusetts’ highest court holds that a conservator was acting pursuant to a judge’s approval when she evicted a tenant and sold a house, so she is a quasi judicial officer and is immune from claims that she breached her fiduciary duty and converted...
Life estates can be an excellent tool for Medicaid planning, probate avoidance and tax efficiency, but there are potential problems to look out for. Knowing the implications and risks of a life estate is essential in determining whether it is appropriate for your...
Marriage is supposed to be “until death do us part,” but after one spouse dies, is it possible for a court to declare a marriage invalid (annulled)? It can be happen, as a Nebraska widower recently learned, but only in certain circumstances. Marriage provides benefits...
No one wants to see a loved one become unable to make decisions for him or herself. If this happens, however, the court may appoint a substitute decision maker, often called a “guardian,” but in some states called a “conservator” or other term....
Nebraska’s highest court declares a deceased woman’s marriage void and reverses financial transactions she made benefiting her husband, finding that she lacked the mental capacity to enter into the marriage. Malousek v. Meyer (Neb., No. S-20-470, July 30, 2021). Molly...
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