June 2015 Posts

  • Estate planning for same-sex couples after Obergefell v. Hodges

    On June 26, 2015 the United States Supreme Court issued its opinion in Obergefell v. Hodges, the name assigned to a series of consolidated cases on same-sex marriage rights. ...
  • Nursing Home Debt Collector's Filial Support Lawsuit Against Family Does Not Violate Fair Debt Collection Law

    The U.S. Court of Appeals for the Second Circuit holds that a law firm that was attempting to collect a debt from a nursing home resident's family did not violate debt collection law when it filed a lawsuit against the family based on Pennsylvania's filial support law. Eades v. Kennedy, PC Law Offices (U.S. Ct. App., 2nd Cir., No. 14-104-cv, June 5, 2015)....
  • SSA Clarifies Its Position on Court-Established (d)(4)(A) Trusts

    After a rash of criticism from advocates claiming that the Social Security Administration (SSA) was unfairly refusing to allow court-established (d)(4)(A) trusts to qualify as exempt resources for Supplemental Security Income (SSI) purposes, the SSA has issued an Administrative Message clarifying its policy regarding these trusts and ordering officials to approve the trusts if they meet the other (d)(4)(A) requirements and were not created prior to the order issued by the court....
  • Elder Law Extra

    A weekly roundup of recent elder law news and practice development articles culled from news sources around the nation. Click on the headline to read the full article....
  • SSA Message Clarifying Treatment of Court-Established (d)(4)(A) Trusts

    Read the Social Security Administration's AM-15032, an Administrative Message clarifying the SSA's treatment of court-established (d)(4)(A) trusts. Portions in red are emphasis supplied by Illinois attorney and Social Security expert Avram L. Sacks....
  • 5 Estate Planning Tips for the Non-Traditional Family (Which Probably Means Yours)

    Is your family of the “Leave It to Beaver” variety -- opposite-gender parents, the first marriage for each, one or more kids, all healthy and thriving? If so, your estate plan will probably be pretty straightforward. But if not, it's not as simple and you have a lot of company....
  • Passing on Assets Outside of Probate: PODs and TODs

    For a variety of reasons, people sometimes want some or all of their assets to pass directly to specific individuals upon their deaths, outside of probate. One way to accomplish this is to set up a “payable on death” (POD) account for money in a bank account or a “transfer on death” (TOD) account if funds are in a brokerage account....
  • 3 Little-Known Strategies to Maximize Social Security Benefits

    While collecting Social Security benefits may seem straightforward, there are actually several strategies for collecting benefits -- especially if you are married -- that can increase your retirement benefits....
  • Do You Need a Lawyer to Write a Will?

    While you aren't technically required to hire a lawyer to draft a will, failing to do so can lead to costly problems for your family and other heirs....
  • Medicaid Recipient Cannot Bring Claim to Require State to Deduct Guardianship Fees From Income

    The U.S. Court of Appeals for the Second Circuit holds that a Medicaid recipient who is under guardianship cannot bring a § 1983 claim to require the state to deduct guardianship fees from her available income. Backer v. Shah (U.S. Ct. App., 2nd Cir., No. 14-1367-cv, June 3, 2015)....
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