Below is an annual roundup of the top 10 elder law and estate planning decisions published by ElderLawAnswers over the past year, as measured by the number of unique pageviews each article received. The list of cases appears in chronological order.
Among ELA members, the most popular read for 2024 was the decision In Estate of Giguere. In the case, the Maine Supreme Court ruled that an estranged, intentionally disinherited daughter would inherit under the intestacy statute because the will’s sole beneficiary predeceased the testator.
Note that the following list does not include a legal update published in June 2024 regarding a case (Dermody v. Massachusetts Executive Office of Health and Human Services) related to a Medicaid compliant annuity, for which the Supreme Court of the United States ultimately denied a petition for a writ of certiorari.
1. Pour-Over Will Leads to Spousal Elective Share
The Wyoming Supreme Court affirms the probate court’s decision to allow a widow to claim a spousal elective share, as her deceased husband’s will leaves everything to his trust. In Silverwood v. Tokowitz (Mont. No. S-23-0114, January 12, 2024).
2. Irrevocably Transferred Insurance Not a Medicaid Resource
The Court of Appeals of Ohio holds that irrevocably assigned insurance policies do not count toward Ohio Medicaid’s resource limit. In Shell v. Ohio Department of Job and Family Services (Ohio Ct. App. No. 112448, January 18, 2024).
3. Caregiver Who Wed Widower Acquitted on First-Degree Felony
The Court of Appeals of the Thirteenth District of Texas holds that a caretaker who married her elderly employer did not misappropriate funds but did financially exploit him. The state failed to show that the caregiver acted contrary to an agreement with the elderly individual. In Joanie Martinez Cosper v. the State of Texas (Tex. App. 13 No. 13-22-00038-CR, January 26, 2024).
4. Child Conceived After Father Died Denied Survivor Benefits
The Supreme Court of Florida holds that a child conceived after his father’s death cannot receive survivor benefits because the father did not provide for him in his will. In Kathleen Steele v. Commissioner of Social Security (Fla. No. SC2022-1342, February 15, 2024)
5. Unsubstantiated Guardian Reimbursement Denied
The Supreme Court of Montana holds that the district court correctly denied a guardian’s reimbursement claim for lack of supporting documentation. In the Matter of the Estate of Rebekah Grace Barsotti (Mont. DA 23-0300, March 12, 2024).
6. Life Estate Personal Residence Maintained by Part-Time Use
In an unpublished opinion, the Court of Appeals of Virginia affirms the lower court’s finding that two women were not remainder beneficiaries of a life estate created by their aunt. The appellate court holds that a personal residence does not require sole or exclusive use. Intermittent use was sufficient to prolong the life estate. In Brown v. Johnson (Va. Ct. App. No. 0491-23-4, April 16, 2024).
7. Medicaid Applicant Must Disclose Cooperative Wife’s Finances
The Supreme Judicial Court of Massachusetts holds that a Medicaid applicant must establish a complete marital breakdown to be exempt from reporting spousal income and assets. In Freiner v. Secretary of the Executive Office of Health and Human Services (Mass. No. SJC-13514, June 14, 2024).
8. Disinherited Daughter Takes Estate Under Intestacy Rules
The Maine Supreme Court finds that an estranged, intentionally disinherited daughter inherits under the intestacy statute because the will’s sole beneficiary predeceased the testator. In Estate of Giguere (Me. No. 2024 ME 4, May 23, 2024).
9. Lost Will Cannot Be Probated
The Court of Appeals of Tennessee holds that a woman railed to rebut the presumption of revocation when attempting to admit a copy of a missing will to probate. In Re Estate of William Rucker (Tenn. Ct. App. No. M2023-01120-COA-R3-CV, July 2, 2024).
10. Dissenting Beneficiary of Little Richard’s Estate Loses Share
The Court of Appeals of Tennessee holds that a beneficiary forfeited his rights under the will’s terms by stopping the majority beneficiaries’ plan. In the Estate of Penniman (Tenn. Ct. App. No. M2023-00075-COA-R3-CV, September 6, 2024).
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