Federal law did not preempt the state’s ability to recover from a husband’s estate what was once community property during his marriage to a Medicaid recipient, the Idaho Supreme Court has ruled.
WASHINGTON – For estate planning attorneys, the unstable nature of federal tax law has become the new normal. But the prospect of skyrocketing estate tax rates and the potential loss of key estate planning tools with certain federal laws set to expire is spurring them to get their clients to act – and quickly.
When the U.S. Supreme Court ruled on the health care law late last month, the decision upholding the individual health insurance mandate made headlines.
But lost in the details and unknown to many was the 3.8 percent surcharge tax on net investment income set to take effect Jan. 1, 2013.
A married couple’s purchase of an annuity for the husband did not necessarily render the wife ineligible for Medicaid, the 10th Circuit has ruled in reversing judgment.
Published: July 5, 2012
Tags: DNA, estate planning, fair labor standards act, First Amendment, Fourth Amendment, GPS, ineffective assistance of counsel, religious discrimination, search and seizure, sentencing, Supreme Court
WASHINGTON – While the nation has focused on the big cases the U.S. Supreme Court saved for last this term – rulings upholding the majority of the federal health care law and striking down several provisions of the Arizona immigration enforcement statute – the term was marked by several other big cases that will have a major impact, particularly in the employment, criminal and family law context.
Federal law generally preempts the provisions of a state law designed to prevent the abusive manipulation of special needs trusts to ensure Medicaid eligibility, the 3rd Circuit has ruled in affirming judgment.
WASHINGTON – As the use of assisted reproductive technologies continues to increase, a recent U.S. Supreme Court ruling has family and estate planning attorneys warning their clients of unforeseen consequences from decades-old federal and state laws governing children’s benefits.
Published: May 7, 2012
Tags: estate planning
A gay man may be able to sue the sister of his deceased life partner for intentionally interfering with his expected inheritance, the California Court of Appeal has ruled in reversing a dismissal.
WASHINGTON – With little chance of long-term federal estate tax reform passing in Washington any time soon, attorneys are again trying to plan as best as they can – not only for their clients, but also for themselves.
State law protects the proceeds from a life insurance policy that were paid into a trust created by an insured from the insured’s creditors, the Arizona Court of Appeals has ruled in reversing judgment.