Attorney News

Wife's Unjust Enrichment Claim Against Deceased Husband's Girlfriend Fails
An Ohio appeals court rules that a surviving spouse cannot recover gifts, paid for by marital assets, that the decedent lavished on his girlfriend prior to his death. Estate of Woodruff v. Istanich (Ohio App., 9th Distr., No. 07CA0023, May 5, 2008).

Opposing Counsel in Will Contest Need Not Testify on Decedent's Capacity
A New York probate court rules that counsel for the party challenging a will should not be compelled to testify regarding the mental capacity of the decedent. Matter of Cavallo (2008 NY Slip Op 28158, April 28, 2008).

Medicaid Recipient's Income Includes SSDI But Not Home Maintenance Costs
A Minnesota court of appeals finds that Medicaid can count a recipient's SSDI benefits as part of his income even though he was injured during a federal disaster, but that home maintenance costs can be deducted from his income because the deduction applies for the first three months after becoming eligible for Medicaid. Fish v. Comm. of the Minnesota Dept. of Human Services (Minn. Ct. App., No. A07-0798, May 6, 2008).