Tag: 3.3.15.3 Revocable trusts

MDV 137218 (02/07/2012)
Failure to claim spousal share from revocable trust was divestment

Tags: , , , , , , , , , , , , , , ,

DHA Case No. MDV 137218 (Wis. Div. Hearings and Appeals Feb. 7, 2012) (DHS) ↓ Download PDF When an institutionalized person fails to claim his or her share of a deceased spouse’s estate, it is generally a divestment. In this case, the petitioner’s wife created a revocable trust after his enrollment that included no share […] Read more

MDV 45/55210 (2003)
Transfer from RLT to family trust at first spouse’s death was a divestment

Tags: , , , , , , , , ,

DHA Case No. MDV 45/55210 (Wis. Div. Hearings and Appeals, 2003) (DHS) ↓ Download PDF It is generally a divestment for a community spouse to transfer assets for less than fair market value to anyone other than the institutionalized spouse. In this case, the community spouse’s interest in marital property was transferred by his revocable […] Read more