An irrevocable trust funded with the income of an incompetent beneficiary who seeks to qualify for Medicaid in a state with an income cap. • Funding is strictly limited to the beneficiary’s income (from any source). The assets in the trust are not included in the beneficiary’s estate for Medicaid purposes if the trust assets […]
index, n. 1. An alphabetized listing of the topics or other items included in a single book or document, or in a series of volumes, usu. found at the end of the book, document, or series (index of authorities). grantee–grantor index. An index, usu. kept in the county recorder’s office, alphabetically listing by grantee the
fundamental right. 1. A right derived from natural or fundamental law. 2. Constitutional law. A significant component of liberty, encroachments of which are rigorously tested by courts to ascertain the soundness of purported governmental justifications. • A fundamental right triggers strict scrutiny to determine whether the law violates the Due Process Clause or the Equal
block-booking, n. Copyright. In the licensing or use of movies, the practice by film distributors of conditioning the license or use on the acceptance of an entire package or block of films, which typically includes unwanted or inferior films. • In United States v. Loew’s, Inc., 371 U.S. 38, 83 S.Ct. 97 (1962), the U.S.
caretaking functions. Family law. A parent’s or caregiver’s task that either involves interaction with a child or directs others’ interaction with a child. • Some caretaking functions include feeding and bathing a child, guiding the child in language and motor-skills development, caring for a sick child, disciplining the child, being involved in the child’s educational
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to wit (too wit), adv. Archaic. That is to say; namely (the district attorney amended the complaint to include embezzlement, to wit, “stealing money that the company had entrusted to the accused”). — Sometimes spelled to-wit; towit.
A testamentary trust created to take full advantage of the marital deduction; esp., a trust entitling a spouse to lifetime income from the trust and sufficient control over the trust to include the trust property in the spouse’s estate at death. See marital deduction under DEDUCTION. [Cases: Internal Revenue 4169. C.J.S. Internal Revenue § 535.]
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Parliamentary law. A document that defines or organizes an organization, or grants or establishes its authority and governance. • An organization’s governing documents may include a charter, articles of incorporation or association, a constitution, bylaws, and rules. A charter or articles of incorporation or association, if they have been granted or adopted, are an organization’s
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executive employee. An employee whose duties include some form of managerial authority and active participation in the control, supervision, and management of the business. — Often shortened to executive.
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grandparent rights. A grandfather’s or grandmother’s rights in seeking visitation with a grandchild. • By statute in most states, in certain circumstances a grandparent may seek court-ordered visitation with a grandchild. Typically these circumstances include the death of the grandparents’ child (the child’s parent) and the divorce of the child’s parents. But the United States
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