The Supreme Court of the United States issued a ruling last week that dictates that a state’s Medicaid agency can recoup funds for benefits paid against an injured party’s settlement award for future medical expenses.

In this case, a Florida student was tragically injured and left in a vegetative state when she was hit by a truck after she stepped off her school bus. Her personal injury suit settled with an $800,000 award, of which roughly $35,000 was designated for past medical expenses. Instead of taking the amount designated for past medical expenses, the state Medicaid agency tried to attach $300,000 of the settlement proceeds.

In Michigan, a court can issue an order for the transfer of assets from one spouse to another when one spouse is institutionalized. Such order is termed a protective order and is authorized under the state’s Estates and Protected Individuals Code. But what is required for a court to issue a binding order?

Estate planners have needs and concerns that change each year. That is why WealthCounsel teamed up with Trusts & Estates magazine and Informa Engage to conduct an annual survey of more than 500 estate planning professionals. 

This year’s major topics included cryptocurrency and nonfungible tokens (NFTs); referral sources; and the upcoming sunset of the Tax Cuts and Jobs Act. Read on for details about the survey results.