Recently, WealthCounsel published a blog regarding case law out of New Jersey regarding how the state Medicaid office imposed a penalty when a home was sold for less than fair market value. The Medicaid applicant had argued that the home was in disrepair and so the tax assessor’s value was incorrect. Now, a similar case has come out of Illinois.

In this case, an appellate court affirmed the Illinois Department of Human Services’ decision to subject the decedent, who had applied for Medicaid benefits, to a penalty for selling his home for less than fair market value in the five years before applying for benefits.

The plaintiff, administrator of the decedent’s estate, argued that the Department applied the incorrect section of the Administrative Code in determining the fair market value of the decedent’s residence and therefore incorrectly determined the fair market value of the property, imposing a penalty in error.

Justice Ruth Bader Ginsburg, known by her initials RBG, passed away last week leaving a long legal legacy in her wake. She will lie in state in the United States Capitol, the first woman ever to have been so honored.

The 2020 election is almost upon us. The past has taught us that trying to predict the results of an election are futile at best. Still, estate planning clients need timely counsel as to how the election may impact their financial futures. Estate planning attorneys strive to help clients stay informed and suggest opportunities for clients to respond to changes. While we do not know exactly what the future holds, we do have strong clues as to what the tax laws may look like if the balance of power shifts in 2021 from Republican to Democrat hands.