COA Upholds Separate Maintenance for Medicaid Planning
By Doug Chalgian on March 19, 2022
Stacy v Stacy, involves the validity of a separate maintenance agreement entered into for Medicaid planning purposes. [Click on the name to read the case.] Husband is...
SBO Trusts Are Safe Again
By Doug Chalgian on March 9, 2021
In a one sentence update, the Michigan Department of Health and Human Services announced yesterday that “solely for the benefit policy for spouses trust will not take effect...
Notable BEM Changes
By Doug Chalgian on March 2, 2021
This post is about Medicaid long term care benefits in Michigan, and assumes some general understanding on the part of the reader with respect to Medicaid planning and...
COA Delivers Lump of Coal to Medicaid Planners
By Doug Chalgian on December 18, 2020
In the combined cases of Schroeder v DHHS and Almy v DHHS , the Michigan Court of Appeals’ imposes severe punishment on the use of probate court protective...
SBO Trust Part 2: Meaning Revealed
By Doug Chalgian on July 31, 2020
UPDATE: The start date for the policy discussed in this post was moved until at least March 1, 2021. Just a month ago I wrote about new...
SBO Trusts Targeted Again
By Doug Chalgian on June 25, 2020
Yesterday, DHHS released a proposed policy which is summarized as follows: Effective October 1, 2020 all transfers by the applicant or the applicant's spouse to a trust established...
New Medicaid Case Revisits Spousal Income Diversion
By Doug Chalgian on June 21, 2019
A newly released unpublished opinion of the Court of Appeals looks again at the authority of the probate court to issue a protective order in the context of...
Cautious Optimism Greets MSC Decision on SBO Trusts
By Doug Chalgian on May 10, 2019
The SBO Trust is back – or is it? Yesterday the Michigan Supreme Court released its long awaited decision in the case of Hegadorn v The Department of...
Medicaid Planners Get Rare Win from COA
By Doug Chalgian on May 23, 2018
The Michigan Court of Appeals has issued an opinion regarding the appropriateness of using probate court protective orders to obtain spousal support orders in situations where such orders...
Bloody Thursday
By Doug Chalgian on June 3, 2017
June 1 2017 was a bad day for Medicaid planners who pinned their hopes on the Court of Appeals to reverse a string of losses. The Court issued...
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About The Author: Doug ChalgianI am an estate planning, probate litigating, elder law attorney. This is a blog for clients and professional colleagues. In it I offer my ideas about the state of the law and the practice of law. I believe we are living through a unique period during which the law (which is traditionally slow to change) and society are attempting to evolve to address the explosion of people living long lives. I find these developments fascinating and enjoy being involved in this evolution. |