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Justice Laura L. Jacobson, a  New York trial judge, held that a trustee of a special needs trust breached its fiduciary duty to the trust beneficiary and ordered reimbursement of nearly $180,000 that was misspent on private caregivers,...

Clients often have questions about the effect of gifts and jointly-owned property on eligibility for benefits, including Base Pension, Housebound and Aid and Attendance, from the Department of Veterans Affairs (VA). Below I’ve collected some of the federal...

A Chancery Court judge determined that the administrator of an insolvent estate in New Jersey must first exhaust all efforts to satisfy creditors from probate assets before the attachment of non-probate assets should be considered. Matter of the...

Renee Halpecka died in 2005 when she was 84 years old. Before her death, Renee had been very ill for many years and was cared for by her husband. After her husband died in 2001, Rosemary Walsh, a...

A Federal court held that a special needs trust is not valid because it was created by the parents of the beneficiary while the parents were acting as the beneficiary’s agents under a power of attorney. Draper v. Colvin...