Attorney News

Estate Recovery of Medicare Low-Income Benefits Barred Starting January 1
Starting January 1, 2010, states may no longer recover from the estates of deceased Medicaid recipients the value of Medicare premiums and cost-sharing paid under all Medicare Savings Programs.

Daughter's Challenge to Mother's Capacity Does Not Violate Trust's No Contest Clause
The Supreme Court of California holds that a daughter's challenge to her mother's mental capacity to exercise powers under a family trust did not amount to an attack on the trust that would trigger the no contest clause. Johnson v. Greenelsh (Cal. No. S166747, Oct. 29, 2009).

Penalty Period Will Not Start Until Nursing Home Prepayment Is Spent Down
In a case in which a Medicaid applicant transferred some of her assets to her children and then gave the remainder to a nursing home as prepayment for care, the Massachusetts Appeals Court rules that the transfer penalty period should not begin until the prepaid funds are exhausted. Shelales v. Director of the Office of Medicaid (Mass.App.Ct., No. 08-P-2052, Oct. 30, 2009).