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The Special Needs Trust Fairness Act, a bill that would allow people with disabilities to create their own first-party special needs trusts without having to rely on others, has passed the House of Representatives by a vote of 382 to 22.
The Senate unanimously approved the Act last Continue reading
When a house is sold in a transaction to an unrelated party, the sale price is a better indicator of the property’s fair market value than the property’s assessed value. Such is the holding under a recent case out of New York’s Supreme Court, Appellate Division, Third Department. Continue reading
In New York it is commonplace for Skilled Nursing Facilities, Local Departments of the Aging, and various other commercial and not-for-profit entities to engage in various levels of assistance to Medicaid Applicants and their families. When does that assistance cross the line into Continue reading
A New York appeals court rules that a Medicaid applicant’s trust is an available asset because the trustees have discretion to make distributions to her. In the Matter of Frances Flannery v. Zucker (N.Y. Sup. Ct., App. Div., 4th Dept., No. TP 15-01033, Feb. 11, 2016).
Frances Flannery Continue reading
A New York appeals court recently ruled that a Medicaid applicant who transferred money to his daughter and son-in-law under a personal service agreement made uncompensated transfers because there was no explanation of the services provided or proof regarding their fair market value. Continue reading
Recently, a New York appeals court held that a Medicaid applicant who transferred money when she was in good health and two years before entering a nursing home presented enough evidence to rebut the presumption that she transferred the money in order to qualify for Medicaid. Sandoval Continue reading
5.5 Million people have the disease. That translates to 1 out of 10 people over 65 years old with the greatest prevalence afflicting those between the ages of 75 and 84.
This year, 390,000 New Yorkers have the disease. It is anticipated that New York will see some of the most modest Continue reading
