Category

Trust Reformation
04
Nov

Medicaid Not Required to Consider Applicant’s Trust Reformed by a Court During the Look-Back Period

November 4, 2015
An appeals court holds that the Massachusetts Medicaid is not required to recognize the reformation...
29
Jul

Acting as Agents Under Power of Attorney, Parents of Disabled SSI Recipient Did Not Create Valid Special Needs Trust

July 29, 2013
A Federal court held that a special needs trust is not valid because it was...
12
Feb

New Jersey Courts May Reform A Testamentary Trust In A Will To Effectuate the Probable Intent of the Testator

February 12, 2013
The New Jersey Supreme Court has directed that the Court’s function in construing a decedent’s...
17
Nov

Court Reformation Of A Trust In Order To Effectuate The Settlor’s Intent

November 17, 2011
(Below I have reproduced a portion of the legal argument section in a brief we...
29
Dec

The Top 10 (NOT; Actually, The Top 15) New Jersey Elder And Disability Law Cases in 2009

December 29, 2009
2009 was an exciting year of litigation in the elder and disability law arena, producing...
09
Nov

I Was A Speaker At The NAELA Guardianship And Public Benefits Conference

November 9, 2009
This past weekend, November 7 – 8, 2009, the National Academy of Elder Law Attorneys...
31
Aug

Surrogate’s Court in New York Reforms Will to Allow Disabled Beneficiary to Obtain Benefits of a Supplemental Needs Trust

August 31, 2009
In a probate case entitled In the Matter of the Estate of Rose Rappaport, 866...
07
Aug

Superior Court Judge in Monmouth County Authorizes The Establishment Of Third Party Special Needs Trusts Within An Intestate Estate

August 7, 2009
As reported on my blog, Judge John Malone, Presiding  Judge of the Chancery Division of...
08
Apr

Director of Medicaid Affirms ALJ's Decision Awarding Medicaid to Beneficiary of Trust Reformed by the Court to Comply with Special Needs Trust Rules

April 8, 2009
On February 14, 2009, I blogged about the decision of the administrative law judge in...
14
Feb

Denial of Medicaid Eligibility After Court Reforms Testamentary Trusts in Parents' Wills to Special Needs Trusts Reversed on Appeal

February 14, 2009
In the ec-v-division-of-medical-assistance-and-heath-services case, the petitioner E.C. was a 67 year old physically and developmentally disabled...

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