27 Nov 2011
November 27, 2011

New Law Substantially Extends Reach Of New York State’s Medicaid Estate Recovery Law

401(k)s and IRAs, Elder Law, Estate Recovery, Life Estates, Medicaid Planning, New Laws, Retirement Benefits, Trusts 0 Comment

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 →

26 Dec 2010
December 26, 2010

Top Ten (10) New Jersey Cases Involving Special Needs Trusts / Disability Planning Decided In 2010 (And A Few Cases Decided In 2009)

Blog Roundup and Highlights, Blogs and Blogging, Developmental Disabilities, Elder Law, Legal Rights of the Disabled, Litigation, Medicaid Planning, Special Needs Planning, Special Needs Trusts, Top Ten, Trusts 0 Comment

    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 →

17 Dec 2010
December 17, 2010

Special Needs Trusts: Background

Elder Law, Medicaid, Medicaid Planning, Special Needs Planning, Special Needs Trusts, Supplemental Security Income (SSI) Benefits, Trusts 0 Comment

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 →

14 Dec 2010
December 14, 2010

Top 12 New Jersey Elder Law Cases Decided In 2010

Annuities, Care Contracts, Elder Law, Gifts, Medicaid, Medicaid Planning, Promissory Notes, Social Security Benefits, Supplemental Security Income (SSI) Benefits, Transfers to "Caregiver" Child(ren), Trusts 0 Comment

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 →

20 Nov 2009
November 20, 2009

Superior Court Judge Upholds Her Decision Authorizing The Establishment Of Third Party Special Needs Trusts Within An Intestate Estate

Intestacy, Intestate Estate, Medicaid Planning, Special Needs Planning, Trusts 0 Comment

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 →

29 Oct 2009
October 29, 2009

Unusual Special Needs Trust Distribution Requests

Distribution Planning, Medicaid, Medicaid Planning, Special Needs Planning, Special Needs Trusts, Supplemental Security Income (SSI) Benefits, Trusts 0 Comment

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 →

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