The Center for Medicare Advocacy recently published a document answering various questions about Medicare’s home health benefits. In addition to a document answering frequently asked questions, the Center also published recordings of two webinars, “Medicare Coverage of Home Health Services”, which reviews the eligibility basics for Medicare coverage of home…
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New York Estate Planning & Elder Law Blog
Minnesota Case Emphasizes Important Trust Management Lessons
In a recent opinion, a Minnesota Appellate Court rejected a petition to revise a trust’s terms to permit the early distribution of trust assets to beneficiaries. The court also rejected a request by the petition for the trust to pay attorney’s fees and held that the litigation was neither necessary…
Riverside v. Snukst: A Lesson on How to Avoid Trust Disputes
In the recent case of Riverside County Public Guardian v. Snukst, a California appellate Court resolved an issue involving the Medi-Cal program, which is California’s version of the federal Medicaid program. The program is overseen by the California Department of Health Services. In Riverside, the Department of Health Services pursued…
Lessons from Heiting v. the United States: Utilizing Claim-Of-Right Deductions
In the recent case, Heiting v. the United States, an appellate court denied a claim-of-right deduction in accordance with Section 1341 of the Internal Revenue Code. The case originated from an effort by a taxpayer to receive a tax refund from the Internal Revenue Service. Following a denial of the…
Federal Agency Increases Visibility about Fines Faced by Nursing Homes
The federal department tasked with overseeing nursing homes throughout the country recently announced it is revising its policy and will now publicly post details online about all fines received by care facilities regardless of payment status. This new policy’s announcements occur during a period of increased criticism due to the…
Court’s Expansive Interpretation of Abuse Act Widens Protection for Elder
As 2022 begins, one court case highlights the role of the Elder Abuse Act as well as the prevalent nature of elder abuse cases litigation involving trusts and estates. In the Ring case, an appellate court considered a loan scheme utilized to empty equity from a house retained as part…
Making the Most of Estate Planning in 2022
While some people anticipated otherwise, 2022 started without any new federal regulation or tax changes addressing estate planning. As proposed legislation passed through the legislative process in 2021, major potential changes to federal estate and gift tax were dropped. These potential changes included a decrease in the estate and gift…
Taking the Time to Review or Create an Estate Plan
Each year, it’s important for anyone interested in planning for the future of their assets to either create or revise their estate plan. Taking the time and including loved ones in estate planning discussions is the best thing that you can do to avoid conflict or estate planning disagreements. Estate…
Avoiding Undesirable Estate Planning Situations
TV shows often depict unpleasant estate planning situations that can arise including a deceased person leaving assets to a former spouse. While these situations often do not occur in the way depicted on TV or film including the recent Netflix film I Care A Lot, a former spouse could end…
How to Help an Elderly Loved One Without Overstepping Boundaries
New variants of COVID-19 including Omnicron and most recently IHU have led many people to prolong social distancing. Understandably, this extended isolation has had a detrimental impact on the mental health of many elderly adults. While you understandably want the best for your loved one, it’s critical to approach discussions…