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Home→Tags Medicaid

Tag Archives: Medicaid

Mistake in Medicaid Law not Grounds for Termination of Trust

Posted on March 14, 2025 by Daniel EvansMarch 14, 2025

The mistaken beliefs by the settlors that transferring their home to an irrevocable trust would preserve their Medicaid eligibility and protect the home against health care claims were mistakes of law and not “circumstances that were apparently not anticipated” within … Continue reading →

Posted in Opinions | Tagged Medicaid, Mistake, Trust termination

Estate Recovery Against Annuity

The decedent had purchased an annuity, and had named “Mildred Williams – Friend,” as the beneficiary, but failed to provide a Social Security number or other identifying information for the beneficiary. The decedent also failed to disclose the annuity to … Continue reading →

Posted in Opinions | Tagged Beneficiary designations, Estate recovery program, Medicaid, Unclaimed property

Self-Settled Special Needs Trusts

Posted on December 23, 2016 by Daniel EvansDecember 23, 2016

The “21st Century Cures Act,” H.R. 34, which was signed into law on December 13, 2016, becoming P.L. 114-255, made a change to the Social Security Act in order to allow people with disabilities to create their own Medicaid-qualifying trusts … Continue reading →

Posted in News | Tagged Medicaid, Social Security Act, Special needs trust

Disclaimers and Medicaid

A disclaimer is a transfer without value that can affect eligibility for Medical Assistance – Long Term Care benefits.  Schell v. Dept. of Public Welfare, 80 A.3d 844, 203 C.D. 2013 (Pa. Cmwlth. 12/4/13). … Continue reading →

Posted in Opinions | Tagged Disclaimers, Medicaid

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