The Covid-19 Pandemic made everything topsy-turvy. Businesses shut down, supplies were sometimes scarce, and families were distanced. It seemed like the coronavirus could be a legitimate excuse for the failure to get almost anything done in a timely manner. But what if this were the cited reason for causing planning delays in a Medicaid eligibility case? Was this a valid argument? An Ohio appeals court says no but only because of a technicality.
Jill Roamer, JD, CIPP/US
Recent Posts
Pandemic Not an Excuse for Planning Delay
By Jill Roamer, JD, CIPP/US on Nov 30, 2022 9:59:00 AM
Changes to Beneficiary Designations During Pendency of Divorce Case
By Jill Roamer, JD, CIPP/US on Nov 23, 2022 10:12:00 AM
Divorce is usually a lengthy process of reaching agreements pertaining to assets and family time. Once a divorce case is filed with the court, a temporary injunction is put in place, where neither party can dispose of marital assets. The court will eventually issue its ruling about how assets are divided. But what happens if one party to the divorce changes beneficiary designations to assets while the divorce case is pending but dies before the divorce decree is issued? Do the new designations stand?
Court Clarifies California Probate Code Section 850
By Jill Roamer, JD, CIPP/US on Nov 18, 2022 11:54:00 AM
California Probate Code 850 is infamously known throughout the state as the basis for a Heggstad Petition, named after the landmark case, Estate of Heggstad. In this case, the Grantor of a revocable living trust had transferred trust property back into his personal name for refinancing purposes. The grantor died before he could transfer the property back into the trust. The court applied Section 850 and allowed a post-humous transfer of the real property back into the revocable trust.