Residents in long-term care facilities have the right to choose their treating physician. This right is supported in federal and state law. See 42 C.F.R. § 483.10(d); O.C.G.A. § 31-8-108(b)(1). As a practical matter, however, most physicians, don’t make house calls to the facility. This mean, by default, most residents are treated by the facility’s […]
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In Estate of Jeffcoat, 361 Ga. App. 828 (2021), Eleisha Pate filed a Petition to Probate the Will of Rhonda Jeffcoat, her mother. Pate was the named Executor. However, evidence in the Probate Court showed that Pate and her half-sister, Shauna Jeffcoat, could not get along. As a result, the Probate Court found Pate was […]
In Wilbur v. Floyd, 353 Ga. App. 864 (2020), Jeffrey Wilbur, on behalf of himself and as the executor of Gwen Wilbur’s estate, appealed summary judgment in favor of his sister, Patricia Floyd. Wilbur argued the trial court (1) erred in concluding that (a) the mother’s will was not valid because the attestation page was […]
Tennessee recently enacted 2021 Tenn. Pub. Acts. 420 (shown below) in an attempt to help Tennessee become a top trust jurisdiction. Among other changes to the trust code, this new law decreases the statute of limitations for creditors filing claims against the trust from two years to 18 months. Articles and Pages: Tennessee Trust Bill […]
(Current as of January 25, 2022) Attorneys are certified as Certified Elder Law Attorneys by the National Elder Law Foundation. NELF lists the criteria for being certified on its website at the following link: Qualifications Summary. The following Florida attorneys have been certified by NELF: Vicki Joiner Bowers Bowers and Associates, PA 6789 Southpoint Pkwy, Ste 300 […]
In 1984, the U.S. Supreme Court decided Chevron v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984). Chevron concerned an EPA environmental regulation. The amended Clean Air Act required these “nonattainment” States to establish a permit program regulating “new or modified major stationary sources” of air pollution. Generally, a permit may not be issued […]
General News Sources: Oldest person in the US reportedly dies at 115 Supreme Court declines to hear case of Delphi retirees over lost pensions Big pensions are nearly 100% funded, the healthiest they’ve been since 2008 financial crisis Pre-tax vs. Roth 401(k): There’s more to consider than you think Widow’s dilemma: When to claim Social […]
Hamilton Medical Center annouced two new podcasts that may be helpful. Dr. Hector Dourron, a board-certified vascular surgeon at Hamilton Vascular Center in Dalton, Georgia and Chatsworth, Georgia, speaks on Detecting and Treating Peripheral Vascular Disease. Dr. Carlos Peñaherrera, a board-certified endocrinologist at Hamilton Diabetes and Endocrinology Center, speaks on Thyroid Cancer Treatment. Listen to […]
O.C.G.A. § 53-3-5 allows a surviving spouse or minor child to file a claim for Year’s Support. Although there are rarely objections, if someone contests the Petition, then the Petitioner must prove entitlement. Georgia appellate courts state the “intent [of year’s support] is to protect the family survivors from a reduction in their standard of […]
A recent Forbes article by Matthew Erskine, 2022 Transfer Tax Update, suggests that now is the time to make gifts if you’re concerned that you might have a taxable estate. Since no one knows that Congress will do with the estate tax and gift tax, some advisors assume the Trump-era transfer tax cuts will remain […]
