Too much trustee discretion prevents elderly beneficiary from Medicaid eligibility.

A New York Appeals court recently affirmed the State's Medicaid division's decision to deny Medicaid eligibility to the beneficiary of a trust, arguing that the trust gave the trustee too much discretionary authority. The case underscores the need to have an experienced attorney familiar with local Medicaid rules, draft trust documents where protecting Medicaid eligibility … Continue reading Too much trustee discretion prevents elderly beneficiary from Medicaid eligibility.

Daughter of woman whose partner predeceased her mother by 12 days, in court fight over inheritance.

A woman fighting for her multi-million dollar inheritance might have to forfeit the entire fortune to charity thanks to a poorly-written will — a case that has raised questions about the rights of unmarried gay couples and their children. Jill Morris, died of breast cancer in 2016 at age 84 and left a multi-million dollar … Continue reading Daughter of woman whose partner predeceased her mother by 12 days, in court fight over inheritance.

I’m Trustee For My Parents’ Trust – Now What?

So, your parents have a trust, and you’ve just found out that you are the trustee. Do you thank them or did they reward you with the booby prize? A trustee is held to a high standard of accountability and must act in accordance with an established standard of care as outlined below. To fail … Continue reading I’m Trustee For My Parents’ Trust – Now What?

Healthcare Surrogates can’t agree to Arbitration 

Standing as a health surrogate doesn’t allow appointees to enter into nursing home arbitration agreements or other business agreements with providers, a Florida appeals court has ruled. At issue was a nursing home attempting to force claims by a deceased resident's estate into arbitration since one of the healthcare surrogates had signed an arbitration agreement … Continue reading Healthcare Surrogates can’t agree to Arbitration