M.K. resided in an assisted living facility (ALF) since 2006. She applied for Medicaid benefits and was approved as of May 1, 2015. Due to the income limitations of the Medicaid program, M.K. deposited all of her income in a Qualified Income Trust, or QIT. By doing so, income deposited in the QIT was not.. read more →

The decedent’s wife predeceased him. Thereafter, in 2009 the decedent executed a new will leaving his estate to his wife’s niece (the defendant). At the defendant’s suggestion, the decedent also executed a revocable living trust. Shortly thereafter, he became concerned about losing control of his assets, and he retained a new lawyer to draft a.. read more →

Anthony F. Cordasco and his wife, Louise, were living in a condominium when Louise became ill in late 2012. The Cordascos decided to sell the condominium and move in with their daughter, Roseann Altiero, who agreed to care for Louise. Anthony and Louise signed a listing agreement in January 2013 and placed the condominium on.. read more →

A Massachusetts trial court ruled that a Medicaid hearing examiner should have accepted evidence that a Medicaid applicant’s transfer of her house fell under the caretaker child exception and that the applicant’s other transfers were not made in order to qualify for Medicaid. Coko v. Daniel Tsai, Director of the Office of Medicaid (Essex Sup. Ct… read more →

Karen Horbatt was Theodore A. Kaczmarek’s niece by marriage. After Karen’s aunt died, Theodore executed a will in 2009 leaving Karen his entire estate, valued at over four million dollars. At the same time, Theodore executed a revocable living trust agreement, designating Karen as the sole trustee. Both documents were drafted by a lawyer procured.. read more →

After L.K.’s representative filed for Medicaid benefits, Medicaid sent a checklist of documents to be provided within thirty days, including American Funds account statements. Five months later, Medicaid sent a second letter, again seeking the same documents, again within thirty days. After that deadline passed, L.K’s representative sent some of the account statements and advised.. read more →

The decedent was estranged from her daughter Cheryl, the defendant, for almost 25 years, but they reconciled shortly before her death, when the decedent was ill. In 1996, the decedent and her husband had executed wills and a trust, excluding Cheryl from their estates. In 2006, the decedent and her husband consulted with a special.. read more →

A New Jersey appeals court held that the state was not required to assist a Medicaid applicant by obtaining debit card statements from her bank to verify her application. C.F.J. v. Division of Medical Assistance and Health Services (N.J. Super. Ct., App. Div., No. A-4385-16T4, Dec. 11, 2018). C.F.J. entered a nursing home and applied for.. read more →

Robert B. Cohen was a man of “great wealth.” At the time of his death at age 86, he had suffered for years from a progressive form of Parkinson’s disease. His son James filed a complaint to declare that Cohen’s 2009 will, as later modified, was valid. In turn, Cohen’s granddaughter Samantha filed a complaint.. read more →

Wyoming’s highest court ruled that the state should not have denied a Medicaid applicant’s request to reduce her penalty period because her sons partially returned transferred assets by paying her attorneys’ fees. Anderson v. State of Wyoming (Wyo.,No. 2018 WY 135, Dec. 4, 2018). Nursing home resident Lucile Anderson transferred cash and property to her sons… read more →

Kansas’s highest court suspended for six months an attorney who, among other things, charged a couple three times the going rate to qualify for public benefits based upon financial need from the Veterans Administration (VA) and Medicaid. In the Matter of Crandall (Kan., No. 117,910, Nov. 30, 2018). A couple hired David Crandall to update their.. read more →

Following the decedent’s death, Bank of America became successor trustee of four trusts created by the decedent. In 2016, the decedent’s children filed complaints against the bank, seeking accountings for the trusts. The bank submitted accountings and a complaint seeking court approval of the accountings. The decedent’s children then filed another complaint, seeking another accounting.. read more →

Petitioner was admitted to Monmouth Medical Center. Thereafter, petitioner was discharged to Liberty Royal Rehabilitation and Health Care Center (Liberty Royal), a Medicaid certified nursing home. Less than one week later, he was transferred to Crystal Lake Nursing and Rehabilitation Center (Crystal Lake), another Medicaid certified nursing home. Petitioner remained at Crystal Lake until his.. read more →

Gregory Bock, Jr. was born two months after his mother married Gregory Bock, Sr. However, Gregory Jr. was the result of his mother’s previous relationship with Douglas Castellano. Gregory Sr. and Castellano both knew that Castellano was the biological father; however, the birth certificate identified Gregory Sr. as the father. When Gregory Jr. was approximately.. read more →

Following their father’s death and the appointment of Brandon Marrazzo (“Brandon”) as executor of the estate, Brandon’s brother Todd Marrazzo (“Todd”) filed a caveat against probate of the will. The brothers litigated the estate case, and eventually executed a consent order resolving their issues. One provision of the consent order permitted Todd the option to.. read more →

The decedent, John F. Piazza, died a widower in 2012, survived by three children: Barbara Piazza (“Barbara”), John H. Piazza (“John”), and Debra Elly Shaefer (“Debra”). His will appointed Barbara as executrix, and left his residuary estate to his three children equally. However, there was a purported codicil to his will, which disinherited Debra. Following.. read more →

If an applicant for Medicaid signed a contract with an assisted living facility agreeing to a pay privately for a period of time, any penalty resulting from a transfer of assets cannot begin until the end of the private pay period, even if the applicant is otherwise eligible for benefits. B.K. v Division of Medical.. read more →

Reversing a lower court, a Connecticut Appeals Court held that the conservator of a nursing home resident owed a duty of care to the nursing home in which the resident resided to apply for Medicaid on behalf of the resident on a timely basis. The Court allowed the nursing home to sue the conservator personally.. read more →

A New Jersey appeals court ruled that the State must hold a full evidentiary hearing before rejecting the claim of an assisted living facility resident who wanted to deduct the cost of a full-time aide from the income she paid to the facility. G.F. v. Division of Medical Assistance and Health Services (N.J. Super. Ct., App… read more →

Before her husband’s death, the Guglielmellis’ daughter Donna lived with their parents and, after Mr. Guglielmelli’s death, she continued to reside with her mother. Mr. Guglielmelli had always handled the couple’s finances, and after his death Donna assumed that role, under a power of attorney for her mother. Donna also served as executor of her.. read more →

The Appellate Division of the Superior Court of New Jersey dismissed this appeal, refusing to remand the case for administrative hearings that were never held because the applicant failed to preserve her right to those hearings. B.M. v. Division of Medical Assistance and Health Services, Docket No. A-3546-16T3 (App. Div., August 29, 2018) Esther Schulgasser.. read more →

A U.S. district court held that a claim by Medicaid applicants against New Jersey officials for wrongly denying their applications is barred by the Eleventh Amendment because it would require the state to pay retroactive benefits. Radogna v. Connolly (U.S. Dist. Ct., D. N.J., No. 1:16-cv-5477 (NLH/KMW), Aug. 24, 2018). Dominic Rodogna and Solomon Krupka both.. read more →

V.S. is a nursing home resident; her adult son is her legal guardian, and she was represented by legal counsel. V.S.’s authorized representative submitted a Medicaid application with the Bergen County Board of Social Services (BCBSS) on her behalf. In response, BCBSS requested information verifying the information on her application, including several months of bank.. read more →

In 1998, Joan McFadden executed two powers of attorney (POAs) and a Living Will-Durable Health Care Power appointing John McFadden, her nephew, as her agent and attorney in fact, and Mary Sexton, her niece and John’s sister, as her alternative agent and attorney-in-fact. The two POAs stated that they would become effective upon the following.. read more →