Ratner & Pinchman

A Professional Law Corporation

New Case Alert

Ukkestad v. RBS Asset Finance Filed March 16, 2015, Fourth District, Div. One Settlor established a Trust which recited that all of his “right, title and interest” to “all of his real … property” is included in the Trust’s assets. After the Settlor’s death, the Co-Trustee brought a petition under Prob. C. § 850 for an order that two parcels held in the name of the Settlor were part of the Trust. In reversing the trial court’s denial of the petition, the appellate court not

SB 33: Medi-Cal Recovery

Co-sponsored by CANHR and Western Center on Law and Poverty, SB 33: Limits recovery for those 55+ to what is required by federal law – e.g. nursing facility, home and community based services and related hospital and prescription drug services – eliminates optional recovery. Eliminates recovery from the estate of a surviving spouse of a deceased Medi-Cal beneficiary. Requires DHCS to provide claims detail information free of charge to Medi-Cal beneficiaries or their represent

The Assisted Living Waiver (ALW) Program

An Alternative to Medi-Cal Financed Nursing Home Care Until recently, an elderly individual who did not have the means to pay for 24/7 medical care, had to be placed into a skilled nursing facility. Assisted living facilities could not accept Medi-Cal as payment for their monthly bill. Accordingly, children and spouses were forced to place their loved ones into an environment not ideally suited for their family member solely because of their financial situation. The ALWP is

New Case Alert

Siegel v. Fife Filed February 26, 2015, Second District, Div. Five Settlor’s trust gives the trustee broad discretion to pay principal for the settlor’s care, maintenance, support, or desires. After the settlor became conserved, the trustee began to sell assets to generate liquidity. Remainder beneficiary objected to the sale of settlor’s residence on the basis that it was to pass to her upon the settlor’s death and that the abatement statutes would preclude the sale.

VA Proposes Controversial Regulations on Aid & Attendance Eligibility

On January 23, 2015, the Department of Veterans Affairs (VA) published proposed regulations that would make major changes to eligibility rules governing the Aid & Attendance Pension. The proposed regulations seek to establish a new net worth limit that would be used to determine financial eligibility and would create a 36-month look-back period on asset transfers made by pension applicants. Under the proposed regulations, veterans who transfer or dispose of assets to qualify

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