Review of Federal Pre-Emption

Many of the blogs I have posted have discussed federal pre-emption. I think it is an appropriate time to review the salient examples of this topic:
1. The state has continued to misinterpret the meaning of spousal refusal (See Post 78).
2. The most egregious example is the state treats the disinheritance of an applicant as a transfer (See Post 60).
3. Of course, the state has denied the planning technique known as reverse half-a-loaf planning (See Post 88) due to another misinterpretation of federal pre-emption.

On the other hand, in two main areas the state has been more lenient. That is, it does not violate federal pre-emption for the state to be more lenient than the federal law. Two key examples of this are:
1. The ninety-day rule (See post 10).
2. The fact the state does not put a lien on a retained life estate.


Disclaimer: This article does not constitute legal advice and each person may have unique facts for which legal consultation may be necessary.
© July 2011, Post 153