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Archives: 2009

Transfer of assets to POA and then partial return

December 18th, 2009

Appellant transferred approximately $55,000 to her POA during 3 month period March -May 2008. POA returned approximately $30,000 on June 12, 2008. Appellant and DSS disagree about the initial date of the beginning of the penalty period.  Appellant claimed penalty period should begin May 1, 2008. DSS treated the June 12 return of the $30,000.00…

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Various transfers for less than fair market value

December 4th, 2009

Appellant’s spouse claimed Appellant had dementia. Appellant’s spouse indicated that she had no knowledge of certain transfers made for less than fair market value. Hearing Officer found that some of the transfers were for fair market value such as attorneys fees. Hearing Office upheld DSS penalty for transfers found not to be for fair market…

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Gift to Children

October 23rd, 2009

Appellant gave total of $7500.00 to children. Gifts were to help children in financial difficulties, avoid bankruptcy, avoid re-possession of motorcycle, fuel, etc. DSS claimed that gifts were transfers for less than fair market value and imposed a penalty. Hearing Officer held that the transfers to the children made by appellant were made for reasons…

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Legal Aspects of Clients Staying at Home

October 16th, 2009

Elder care is moving away from institutional settings toward care in the home. Will your elder law practice stay ahead of this trend? Don’t miss the upcoming seminar of the Connecticut Chapter of NAELA. Program topics will include: Federal & State Programs that Provide Home Care Presented by Kate McEvoy, J.D., Deputy Director, Area Agency…

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Personal Care Agreement; Fair market value of home

September 30th, 2009

Appellant entered into Personal Care Agreement with child. Agreement stated that in exchange for proceeds of sale of appellant’s property, child would provide transportation services, housework, laundry, purchase groceries, make meals in exchange for proceeds of sale. Appellant resided in child’s home. DSS claimed that value of services was not equal to proceeds of sale…

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Transfer of Interest in Real Estate to Child

September 16th, 2009

Married couple transferred non-residence to three children. Appellant claimed one child provided services in exchange for interest in property pursuant to an oral agreement. Hearing Officer found child’s records inconsistent and testimony to be self-serving and vague. One child provided parents with cash as a partial return of the transfer of real estate for less…

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Transfer of Interest in Real Estate to Child

August 24th, 2009

Appellant and child gave a mortgage to Bank. Proceeds of loan went into joint account of appellant and child. DSS treated the monthly repayment of the loan as a transfer to daughter for less than fair market value. Hearing Officer found that both the appellant and the child were liable for repayment of the loan….

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Transfer of Interest in Real Estate to Child

July 14th, 2009

Appellant’s spouse was sole owner of real estate. Appellant’s spouse transferred one-half interest to child. Child was not under the age of 21. Child was not disabled. Child did not provide care for greater than two years to appellant. DSS held that transfer made by spouse was for less than fair market value and imposed…

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Transfer of Assets to Annuity & Irrevocable Grantor Trust

June 15th, 2009

Appellant transferred in excess of $150,000.00 to a single premium immediate annuity. DSS claimed  invalid transfer because the  broker that sold the annuity was not licensed in Connecticut. DSS claimed that annuity was void and appellant was entitled to obtain refund. Therefore, appellant did not meet the asset threshold of $1,600.00 Hearing officer upheld the…

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