Elder Law

SNT Payback Provision Enforced

In Agency for Health Care Administration v. Spence (Fla. App. 3rd Dist May 22, 2024) the Court of Appeals reversed…

2 months ago

Claim that Trustee Breached Fiduciary Duty Backfires

When someone accepts the position of trustee, he (or she or it) must act for the benefit of the trust…

2 months ago

Long-Term Care Partnership Policies

Long-Term Care Partnership Policies One example of good planning is purchasing long-term care insurance. The greatest risk to non-taxable estates…

2 months ago

Superior Court Review of Georgia ALJ Decision

In ____ v. Brock, Judge Schwall, Fulton County Superior Court), affirmed an administrative law judge's Final Decision as supported by…

2 months ago

Elder Law Attorney disbarred

On May 14, 2024, the Georgia Supreme Court entered an Order in The Matter of James W. Davis, III, disbarring…

2 months ago

Transfer-on-Death Deeds in Georgia

During the 2024 legislative session, HB 1247 morphed into SB 420, which passed both houses and was signed by the…

2 months ago

Modifying a trust can be a taxable event

On November 28, 2023, the IRS Office of Chief Counsel published a memorandum addressing whether modification of a grantor trust…

2 months ago

Home purchased after nursing home admission was not an exempt homeplace

In a Texas case decided on May 3, 2024, the Texas Supreme Court reversed the Court of Appeals and trial…

2 months ago

Preliminary injunction granted barring state from terminating QI Medicaid

In Parker v. Louisiana Department of Health (April 30, 2024), the U.S. District Court for the Eastern District of Louisiana…

2 months ago

Promise of life estate, based on oral promise, could be enforced

In Farmer v. Farmer (decided March 15, 2024), the Georgia Court of Appeals reversed the trial court's grant of summary…

2 months ago