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MassHealth Update: State Must Be Named Beneficiary on Community Spouse Annuities

POSTED ON - June 24, 2021

Written By Katie Camann

  In a recent case out of Massachusetts, a trial court held that MassHealth must be named the primary beneficiary on annuities purchased by the community spouse of a Medicaid applicant. Prior to this decision, […]
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New Jersey Supreme Court Reverses Penalty Period Ruling Regarding Returned Property Interest

POSTED ON - November 9, 2021

Written By Alisa Lamal

  A recent decision handed down from the New Jersey Supreme Court states that the institutionalized spouse maintains an interest in previously gifted property that has been returned only to the name of the community […]

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What to Expect from the Secondary Annuity Market

POSTED ON - October 19, 2021

Written By Katie Camann

  When you have a senior client seeking Medicaid benefits, existing annuities can pose a problem. Certain annuities may be deemed a countable asset, while others may count as a divestment. In some cases, your […]

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Massachusetts Update: Is the State Entitled to the Remainder of a Community Spouse’s Annuity?

POSTED ON - September 30, 2021

Written By Katie Camann

  UPDATE: This matter has been referred to the Supreme Judicial Court in Massachusetts and is set for argument in February. The Executive Office of Health and Human Services is arguing the sole benefit rule […]

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7 Considerations for Attorneys to Determine Whether a Client Is a Good Fit for LTC Planning

POSTED ON - August 30, 2021

Written By Jonathan Michaels

  As CEO of a wealth management firm and author of the book, “The Medicaid Roadmap,” many of my trusted referral sources are elder law and estate planning attorneys. One of the biggest frustrations attorneys […]

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Irrevocable Trusts May Be Used for Pre-Planning in Minnesota

POSTED ON - July 26, 2021

Written By Katie Camann

  Last week, a Minnesota appeals court ruled that a Minnesota state statute viewing irrevocable trusts as revocable for purposes of Medicaid eligibility was preempted by federal law. The decision came after Dorothy Geyen appealed […]

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MassHealth Update: State Must Be Named Beneficiary on Community Spouse Annuities

POSTED ON - June 24, 2021

Written By Katie Camann

  In a recent case out of Massachusetts, a trial court held that MassHealth must be named the primary beneficiary on annuities purchased by the community spouse of a Medicaid applicant. Prior to this decision, […]

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Unsold Property Countable for Medicaid in Ohio Case

POSTED ON - June 2, 2021

Written By Katie Camann

  In a recent case out of Ohio, a Medicaid applicant was denied benefits because she owned two pieces of land valued over her resource limit. Despite being unable to sell the property, an Ohio […]

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What Happens When Someone Predeceases a Medicaid Compliant Annuity?

POSTED ON - May 20, 2021

Written By Katie Camann

  While many individuals may outlive their Medicaid Compliant Annuity (MCA) term, some may pass away before the contract term ends. So, what happens then? Well, it depends on a few important factors, including who […]

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