Estate Planning

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…

2 years 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…

2 years 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…

2 years 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…

2 years ago

Getting Health Care Directives to Your Doctors FAST

If you are in the midst of a crisis, it's critical for doctors and other health care providers to know…

2 years ago

Approving Settlements for Minors

In April, 2022, we reported that HB 620 altered how settlements for minors can be approved under O.C.G.A. § 29-3-3,…

2 years ago

Marriage, Living in Sin and Common Law Marriage

Obviously, if you follow the law, get a license and have the event officiated, you're married. See O.C.G.A. § 19-3-1…

2 years ago

Elder Law Mishmash June 2023

The following is a mishmash of information on various Elder Law, Special Needs Law, and Estate Planning issues. It also…

2 years ago

Court Cannot Substitute its Judgment for SNT Trustee’s Judgment as long as the Trustee Act Within Proper Limits

In McGee v. State Dep't of Health Care Servs., 2023 Ca. App. LEXIS 409 (Cal. Ct. App., 3d Dist. 5/24/2023),…

2 years ago

Transfer to Trust Subject to Medicaid Transfer Penalty

In Henderson v. Dept. of Health and Human Services (May 18, 2023), a Medicaid applicant transferred significant resources, including the…

2 years ago