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This is the first in a series of posts exploring why people do what they do. In this post, we’re discussing certainty. When I was a young lawyer, I worked on a corporate team where Fortune 500 companies paid tens of thousands of dollars for certainty. When they signed a contract, they wanted to know […]

After a policy holder dies, it is important to contact insurance companies to see whether a claim should be paid. Types of claims can include: Life insurance payout Refund of unused premiums Indemnities Typically assets with a beneficiary designation are not probate assets and should be paid to the person named as beneficiary. In some […]

Join the Department of Health and Human Services (HHS) and the Centers for Medicare & Medicaid Services (CMS) for Medicaid and Children’s Health Insurance Program (CHIP) Renewals webinars focused on special populations. This webinar series will provide partners with strategies to reach out to diverse communities and audiences to share information about Medicaid and CHIP […]

In United States v. Florida (Case No. 12-cv-60460-MIDDLEBROOKS/Hunt), decided in the United States District Court for the Southern District of Florida on July 14, 2023, the Court found that unjustified institutionalization of individuals with disabilities is unacceptable. The Court’s opinion included the following case overview: The children at issue here are under 21 years old […]

elder law resources - ABLE Accounts

If you’re concerned about protecting your resources, here are a few thoughts on how to protect Inherited IRAs. First, define the risk you’re planning to minimize or avoid. Some States might treat all retirement accounts as exempt resources for Medicaid eligibility purposes, while others do not. If you’re worried about nursing home expenses, find out […]

elder law resources - ABLE Accounts

In Estate of Hargett v. Brown (Tenn. App. 6/9/2023), the Decedent, Willie Hargett, had separated from his wife, Robbie Hargett. Despite the separation, there was no divorce. After the separation, Mr. Brown entered into a relationship with Charlotte Brown. The Decedent had legal documents prepared after he was diagnosed with lung cancer. He sought to […]

elder law resources - ABLE Accounts

The FDA has approved Leqembi (Lecanemab) for patients with mild dementia and other symptoms caused by early Alzheimer’s disease. Approval followed a determination that a confirmatory trial verified clinical benefit. Leqembi is the first amyloid beta-directed antibody to be converted from an accelerated approval to a traditional approval for the treatment of Alzheimer’s disease. In […]

Until recently, the IRS has said little (if anything) regarding whether assets the beneficiary of an irrevocable trust receives get a step up in basis following the Grantor’s death. With issuance of Revenue Ruling 2023-2, that has changed. The IRS has spoken. In RR 2023-2, the IRS posed the following hypothetical which I’ve edited slightly: […]

elder law resources - ABLE Accounts

Ideally, health care providers do the right thing. Good Care is provided. There is no negligence. But what if they don’t do the right thing? What if they are negligent? Should you have the right to consider your options regarding how to hold them accountable? Over the past two decades, many long-term care providers, especially […]

elder law resources - ABLE Accounts

Here are a few stats: The average shopper sees 4,000 ads in a day. The average person is interrupted once every 8 minutes. On average, people spend 3 hours and 15 minutes per day on their phones. The typical American spends three hours per day watching TV. The stats on prayer aren’t quite as good. […]

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