Elder Law

IRS says “Wait a Minute” on Stepping-up Basis for Assets in Irrevocable Trust

Until recently, the IRS has said little (if anything) regarding whether assets the beneficiary of an irrevocable trust receives get…

1 year ago

Opting Out of Arbitration Agreements

Ideally, health care providers do the right thing. Good Care is provided. There is no negligence. But what if they…

1 year ago

Relationships and Information Overload

Here are a few stats: The average shopper sees 4,000 ads in a day. The average person is interrupted once…

1 year ago

Family Acrimony Deemed Sufficient to Disregard Nomination of Guardian

In In re Wheeler (Ga. Ct. App. 6/6/2023), the Court of Appeals upheld the Probate Court's decision that (1) there…

1 year ago

State May Recoup Medicaid Benefits Incorrectly Paid

In PR v. Division of Medical Assistance and Health Services (NJ. App. Div. 6/8/2023), the State was authorized to recover…

1 year ago

Administrative decisions and collateral estoppel

The collateral estoppel (issue preclusion) rule is part of the finality doctrine along with Res Judicata (claim preclusion). It general…

1 year ago

Settlement of Probate Dispute Enforced As Written

On June 12, 2023, the Tennessee Court of Appeals (Knoxville) upheld a settlement agreement requiring the recipient of funds in…

1 year ago

What is Undue Influence?

In Milbourne v. Milbourne, 301 Ga. 111 (2017), The Georgia Supreme Court affirmed a Gwinnett Probate Court Order refusing to…

1 year ago

Updated Fact Sheet on Medicare Nursing Home Benefit

Medicare includes a nursing home benefit of up to 100 days following a qualifying hospital stay. The Medicare rehabilitation benefit…

1 year ago

Statute of Limitations on Legal Malpractice Claim Runs from Last Action

On May 26, 2023, the Ohio Court of Appeals for the Sixth Appellate District decided Kaltenbach v. Wasserman. Keith Kaltenbach…

1 year ago