Michigan Supreme Court Expands Probate Court Authority In Medicaid Planning Cases
The Court unanimously overruled In re Estate of Schroeder, 335 Mich App 107 (2020), which had held that probate courts cannot consider Medicaid-related circumstances until after a formal eligibility determination is made.
Michigan Supreme Court: Assets In “Solely For The Benefit” Trust Not Necessarily Countable For Medicaid Eligibility
In Hegadorn v Dep’t of Human Services Director, the SCT reversed and remanded the MI COA decision that said SBO trust assets are automatically countable for Medicaid eligibility.
When are Trust Assets Countable for Medicaid Eligibility?
Mary Ann Hegadorn, Dorothy Lollar and Roselyn Ford began receiving long-term care at nursing homes. Within a short time after receiving care, their spouses established SBO trusts.