NEW YORK STATE BAR ASSOCIATION UPDATE – Trusts & Estates Law
On Tuesday, March 27th, the New York State Legislature voted to repeal the regulations utilizing an expanded definition of “estate” for Medicaid recovery purposes. As a result, the prior definition of estate recovery, which limited estate recovery to only those assets included within the individuals’s estate and passing under the terms of a valid will or by intestacy, is back in effect.
Additionally, the proposed elimination of spousal refusal has been rejected. This is a major triumph for our client and all who contributed to the effort.