Earlier this year the New York State Legislature, prompted by the Governor’s Medicaid Redesign Team, amended Section 369 of the Social Services Law to increase New York’s right to recover money from the estate of a deceased Medicaid recipient. The amendment expands the definition of the term “estate” in the Medicaid Law to include non-probate.. read more →

    Here are my selections for the top ten (10) New Jersey cases involving Special Needs Trusts / Disability Planning decided in 2009 and 2010. For those cases I previously blogged about,  a link to the blog post as well as the case is included below. (1)     Special Needs Trust Can Be Established Only.. read more →

A self-settled special needs trust is exempt from being counted as a “resource,” for purposes of determining eligibility for public benefits, pursuant to section (d)(4)(a) of 42 U.S.C. §1396p. (For this reason, this type of trust is sometimes referred to as a “(d)(4)(a) trust.”) Pursuant to this federal law, as amended on August 10, 1993.. read more →

Here are my selections for the top ten (10) twelve (12) New Jersey elder law / public benefits / Medicaid cases decided in 2010: (1) R.C. v. Division of Medical Assistance and Health Services and Hudson County Board of Social Services, OAK DKT. NO. HMA 08047 – 10 (Hudson County, October 22, 2010): Judge Awards.. read more →

I previously blogged about an Order entered in July 2009 by Hon. Patricia Del Bueno Cleary, J.S.C., a Superior Court Judge in Monmouth County, who granted my motion authorizing my client, the Administrator of his mother’s intestate estate, to (1) establish two Supplemental Benefits Trusts to protect the intestate shares of the estate which passed.. read more →

Special needs trusts (also known as “supplemental needs” trusts) allow a disabled beneficiary to receive gifts, lawsuit settlements, or other funds and yet not lose his or her eligibility for certain government programs. Such trusts are drafted so that the funds will not be considered to belong to the beneficiary in determining eligibility for public.. read more →