Elder Law

Elder Law Attorney disbarred

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

7 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…

7 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 an irrevocable grantor…

7 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…

8 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…

8 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…

8 months ago

SSI Decisions finding no penalty where beneficiary over 65 funds a pooled trust sub-account

The federal Medicaid statute authorizes the use of individual self-settled special needs trusts for individuals under the age of 65.…

8 months ago

Example of Georgia Medicaid Lien Inquiry

If someone is receiving Medicaid and was injured through the negligence of others, Medicaid asserts a third-party claim against any…

8 months ago

Dementia alone does not prevent someone from executing a valid Will

In Creamer v. Manley, decided March 14, 2024, the Court of Appeals affirmed summary judgment upholding the validity of a…

8 months ago

Caveator deprived herself of standing by withdrawing her challenge to Will

On February 21, 2024, the Georgia Court of Appeals decided the case of In Re Estate of Anne Smith Florance.…

8 months ago