Carol and Richard were married for 14 years but separated in 1989. As part of their separation agreement, they each agreed to execute irrevocable wills that named only their two children as beneficiaries of their respective estates. Each party agreed to give a copy of their new will to the other.

Many years thereafter, Carol and Richard both remarried other individuals, and each executed new wills. Carol’s new will left her personal effects to her new husband. If he were to predecease Carol, then her personal effects would be divided between her kids and her new husband’s kids. The residue of Carol’s estate was devised to a revocable trust; Carol and her new husband were grantors of the trust and each retained a general power of appointment to change the beneficial interests of the trust.

A.V. suffered from Alzheimer’s disease and was admitted to a nursing home in January 2021. Thereafter, she submitted a Medicaid application for benefits. On her application, she reported several transfers for less than fair market value during the look-back period. She transferred various amounts to her kids and grandkids for things like wedding gifts, help with a down payment on a home, and car purchases. A.V. had specific dates and amounts for each recipient and presented verification to the Medicaid office. All transfers totaled roughly $25,000.

In accordance with 42 U.S. Code § 1396p(c)(2)(C), a Medicaid applicant will not be ineligible for benefits due to transfers during the look-back period if the applicant demonstrates to the state that the transfers were made for a purpose other than to qualify for benefits.

Ellan Orkin died in 2019 at the age of ninety-nine. During her life, she and her sister served as nurses during World War II. After their service, they married and settled down in Delaware. Neither had children and each was predeceased by her husband. Ellan and her sister had many friends and other family members around them. Tina was Ellan’s cousin and lived across the street from her; they visited often.

In 1998, Ellan met Kimberly, a former teacher at a local community college. Kimberly presented business opportunities to Ellan and her sister and helped them with various daily needs. Over a span of about 25 years, ending in 2017, Ellan executed various changes to her estate planning documents that increasingly gave Kimberly greater shares of her estate.