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The Elder Law Coach
Todd Whatley is a Certified Elder Law Attorney, practicing attorney and now the Elder Law Coach. His passion is to help attorneys become proficient Elder Law Attorneys. He still practices law with over 22 years of experience with offices in two states. He is the Past President of the National Elder Law Foundation, the ABA accredited certifying organization for the ABA. He LOVES working with new and experienced attorneys to help them have the best job in the world and help a great population. Visit him at www.TheElderLawCoach.com. This podcast was formally known as Elder Law in a Box.
The Elder Law Coach
Epi 14 Minnesota Irrevocable Trust Case - Don't be Afraid of the State
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I talk about this case as encouragement for you Elder Law Attorneys out there helping your clients and the State Medicaid authority says you are doing it wrong. I used to think that "The State" was all knowing and if they said I did something wrong, then I must have been at fault.
I quickly learned that they have an agenda and they may not know the rules a well as you do. If you really know the rules, I'm going to say you know the rules better than most of them. This podcast shows how the State of Minnesota tried to undo Federal Law in a Statute and the Commissioner was called out for trying to make a legitimate Irrevocable Trust that followed Federal Law a countable resource. The Appellate Court called them out on it and it's beautiful. This case should encourage you to fight the fight and not to back down if you know you are right and the State is wrong.
Check out our new website www.TheElderLawCoach.com.