The Uniform Partition of Heirs Property Act ("UPHPA") has been enacted in 21 States. It is designed to preserve family…
POMS SI 01120.010 provides that an individual must have some form of ownership interest in property in order for the…
In Georgia, O.C.G.A. 53-7-40 provides that claims are paid in the following order: Unless otherwise provided by law, all property…
Assets are things you own that have value. Assets include all income and all resources. 42 U.S.C. § 1396p(h)(1). They…
Another “option” that may be considered in appropriate cases is divorce. Deeming between spouses terminates when the marriage terminates. In…
MCCA includes a mechanism for increasing both the CSRA and the MMMNA in certain cases. The methods by which this…
As eligibility is being determined, if the Community Spouse’s monthly income falls below the Minimum Monthly Maintenance Needs Allowance (“MMMNA”),…
Income and resources are treated differently. Unlike resources, income is not pooled in determining eligibility; the Community Spouse’s separate income…
In Dullard v. Minnesota Department of Human Services, 529 N.W.2d 438, 443 (Minn. App. 1995), Minnesota was allowed to reevaluate…
Some couples might consider reducing the size of the marital estate by giving their resources away. Frequently this is the…