U.S. Supreme Court Denies Hearing for Dermody Case
The United States Supreme Court has denied the Petition for Writ of Certiorari filed by Laurie Dermody on June 17, 2024. The case was filed as an appeal from the Supreme Judicial Court of Massachusetts asking the U.S. Supreme Court to determine whether a Medicaid Compliant Annuity was required to name the state as a remainder beneficiary.
Watch Now: Behind the Case Interview with Petitioner’s Attorney Lisa Neeley
On May 9, 2024, the Solicitor General filed their Brief for the United States as Amicus Curiae as was ordered by the Court in October 2023. In that brief, they recommended denying the Writ of Certiorari because the Massachusetts Supreme Court properly ruled the case and there was not a conflict of law.
The Petitioners filed a Supplemental Brief in response to the Solicitor General’s recommendation for denial hoping to convince the Court that the merits of the case required their consideration.
Ultimately, the Court denied the Writ for Certiorari. The beneficiary requirements for a Medicaid Compliant Annuity remain unchanged and require the state to be named as a remainder beneficiary in order to be compliant with federal and state Medicaid rules.
If you have a client that could benefit from using an MCA or if you would like to discuss a case with our staff, please contact our office today.
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