State plans for medical assistance under federal Medicaid law must comply with certain requirements located in Title 42 U.S.C. § 1396a.4, but do not always do so. In 2018, the United States District Court for the District of Alaska in the case of Disability Law Center of Alaska v. Davidson…
Articles Posted in Asset Protection
A Quick Guide to New York MOLST Forms
One of the common responses that many people have as they learn about estate planning is that there are a number of estate planning documents. In addition to things like wills, living wills, advance directives and powers of attorney, there also also a number of other important documents. In…
What Are Marital Trusts?: Lessons learned from Comptroller v. Taylor
An appellate court recently reversed in part and affirmed in part the judgment of the Court of Appeals concerning a decision by the Comptroller of the Treasury to include the value of a marital trust in an estate in a tax assessment. The trust contained qualified terminable interest property that…
Lessons Learned from Northport Health Services v. Posey
The Eighth Circuit Court of Appeals in Northport Health Services v. Posey recently reversed a lower court’s decision to grant summary judgment in a wrongful death action. One son in the Posey family in this case had signed the admission agreement of his brother at a resident rehabilitation center owned…
Estate Planning Details to Always Disclose to Your Estate Planning Advisor
To create the best possible estate plan, it is critical to not only tell your advisor important information about your case. It is also critical to be honest. Failure to honestly disclose information about your financial status can lead to a number of serious complications and can sometimes even require…
NY Estate Planning Strategies for Single Individuals
If you are still single and do not have children, it is common to have not thought much about money. If you are also coming closer to retirement, however, it is a wise idea to begin to consider estate planning. This article reviews some of the important elements that you…
What Does It Meant to Decant a Trust?
It is important to parents and grandparents who are engaged in estate planning to consider the various challenges that can arise. Failure to properly take these issues into consideration can result in estate plans being jeopardized. Fortunately, in these situations, it is possible to decant a trust. This article explores…
The Difference between Roth and Traditional IRAs
After learning about IRAs, one of the most common questions that people ask is what is the difference between the various types. As a result, this article reviews some of the primary differences between Roth and traditional IRAs. The Primary Difference between the Two Types of IRAs With traditional IRA…
Why Estate Planning is Critical Even If You Don’t Have Children
Estate planning involves a number of personal decisions. The best estate plans are personalized to the individual that writes them. This is why online, one size fits it all estate planning documents are often not the best idea. This is also why some people struggle to complete their estate planning…
People with Few Assets May Still Benefit From a Trust
It is never easy to estate plan. For one, estate planning involves uncomfortable decisions about how your assets will be divided following your death. Estate planning, however, is critical because it avoids a number of serious obstacles including family disputes, additional taxes, and the probate process. Despite the potential to…