Elder Law

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…

6 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.…

6 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…

6 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…

7 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.…

7 months ago

Probate Court Reversed for Ordering Conservatorship Accounting Before Determining Identity of Estate’s Personal Representative

The Georgia Court of Appeals decided the case of In re Bessie Mae Blake on February 20, 2024. Willis Blake…

7 months ago

Social Security Revises Policy on Recoverying Overpayments

The Social Security Administration pays various benefits including retirement benefits, disability benefits and Supplemental Security Income. An overpayment occurs when…

7 months ago

Updated Georgia Penalty Divisor Effective April 1, 2024

Effective April 1, 2024, the statewide averaged nursing facility private pay rate used in determining the penalty period for institutionalized…

7 months ago

New Form Approving Special Needs Trust Accounting

Recently we received a document we haven't seen before which informs Medicaid recipients that their special needs trust accounting was…

7 months ago

SSI to Remove Food as In-Kind Support and Maintenance

On March 27, 2024, the Social Security Administration published a final rule in the Federal Register which changes its calculation…

7 months ago