When the Deficit Reduction Act of 2005 changed 42 U.S.C. § 1396p, new restrictions were imposed on promissory notes. Subsection (c)(1)(I) note provides that the purchase of a promissory notes is treated as a transfer subject to the penalty rules unless the note meets the following guidelines: (I) For purposes of this paragraph with respect […]
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In Lamle ex rel. Lamle v. Shropshire (W.D. Oklahoma 5/29/2024), a United States District Court upheld a denial of benefits where three Medicaid applicants refused to answer questions about promissory notes. Penelope Lamle, Marilyn Garrison and Maxine Houston each loaned money to others in exchange for a promissory note. Lamle and Garrison made loans to […]
In Hammerberg v. Department of Human Servs. (Minn. Ct. App. 4/22/2024), the State made an estate recovery claim against what appears to have been an income only trust. Very little of the trust language appears in the decision, but the “trust instrument required the trustee to pay all income derived from the trust to the” […]
Service animals used by individuals with a disability can only be excluded from public places if they cannot be controlled by their handler or if they are not house broken. See Title II, Section 35.136. Usually service animals must be harnessed, leashed or tethered unless the individual’s disability prevents using those devices or unless it […]
On July 26, 1990, President George H.W. Bush signed into law the Americans with Disabilities Act of 1990 (“ADA”), a comprehensive civil rights law prohibiting discrimination on the basis of disability. The law was amended on September 25, 2008, when President George W.Bush signed into law the Americans with Disabilities Amendments Act of 2008 (ADA […]
The Tennessee Justice Center and its legal partners brought a class action in the U.S. District Court for the Middle District of Tennessee alleging that TennCare’s for reevaluating eligibility was defective and failed to provide notice and an opportunity for a hearing. TJC alleged that TennCare’s policies and practices caused thousands of Tennesseans to lose […]
The Corporate Transparency Act, passed in 2021, was designed to combat illicit activity including tax fraud, money laundering, and financing for terrorism by capturing more ownership information for specific U.S. businesses operating in or accessing the country’s market. The Financial Crimes Enforcement Network (“FinCEN”), part of the Treasury Department, began accepting reports on January 1, […]
The American Housing and Economic Mobility Act of 2021 (now “of 2024”) may have taken on new life recently as Kamala Harris promised, if elected, to make housing affordable. That promise has to be funded somehow and the “how” of it seems to be rolling back the estate and gift tax exclusion amounts significantly. At […]
Review Account Statements and Notify Law Enforcement of Suspicious Activity As a precautionary measure, remain vigilant by reviewing all of your account statements and credit reports at least monthly. If you notice any suspicious activity, you should promptly notify the financial institution or company with which the account is maintained. You also should promptly report […]
On July 19, 2024, the IRS published final regulations regarding required minimum distributions (RMDs) from qualified plans. Required Minimum Distributions (RMDs) are the minimum amounts you must withdraw from your retirement accounts each year. You generally must start taking withdrawals from your traditional IRA, SEP IRA, SIMPLE IRA, and retirement plan accounts when you reach […]
