Archive for the Asset Protection Category

Income Only Trust: Beware Of Termination Clause

In 2009 Massachusetts Superior Court decided the case of Doherty v. Director of Medicaid (Mass. App. Ct., Essex, No. 08-P-939).  Although this case was decided a couple of years ago in another state, it bears review here in the PA Elder Law arena.  This case deals with […]

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Assets Not Available For Pennsylvania Estate Recovery

As previously discussed, Pennsylvania has an estate recovery program that allows the Department of Public Welfare (DPW) to seek repayment from the probate estates of decedents who had been cared for through medical assistance (also referred to as Medicaid).  Because Pennsylvania only has the ability to reach […]

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