June 2012

Federal Appeals Court Strikes Down State Law Restricting Access to Special Needs Trusts

In 2005, the State of Pennsylvania enacted a law that penalized disabled people over age 65 who created a special needs trust, stating that such transfers result in a five-year Medicaid lookback. A federal appeals court has struck down this state law as being in direct violation of a federal law that permits such transfers without Medicaid penalty.

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Court Admits Will -- Cross-outs and Additions and All -- into Probate

Despite significant cross-outs and alterations and additions to the typewritten documents, a New Jersey appeals court has approved the admission of a nursing home resident's Will into probate -- and included the handwritten interlineations.

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