Estate Planning

Important Things to Know about Estate Planning: Lessons from Gonzalez v. City National Bank

An appellate court in the case of Gonzalez v. City National Bank recently affirmed a probate court’s order that denied a plaintiff’s request after the death of plaintiff’s daughter that the remainder of a special needs trust be distributed to the plaintiff rather than the Department of Health Care Services. 

The distribution was used as reimbursement for Medi-Cal payments for the daughter’s medical care. The court held that the mandatory recovery rules for special needs trusts apply to trust remainders. 

An opinion letter by the Centers for Medicare & Medicaid Services supports the department’s perspective that the Department of Health Care Services is allowed to recover for the daughter’s Medi-Cal expenses. 

The post Important Things to Know about Estate Planning: Lessons from Gonzalez v. City National Bank appeared first on New York Estate Planning Lawyer Blog.

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