Trusts

What is the Rule Against Perpetuities?

The Rule Against Perpetuities routinely stumps law students and lawyers, and can turn home-made documents into disasters. A deed, trust…

3 years ago

Medicaid: Cases

Cooperative federalism is not license to re-write clear federal rules (Co. App.) Ruth Koehler sued the Department after it terminated…

3 years ago

Trusts: Cases

Trustee had discretion to assess defense costs to wayward son (Ga. App.) ------------------------------------ Howard McPherson established an irrevocable trust in…

3 years ago

Special Needs Roundtable

On July 29, 2016, the Elder Law Practice of David L. McGuffey hosted a Special Needs Roundtable in Dalton, Georgia.…

3 years ago

In Terrorem Clause: Giller v. Slosberg (Ga. Ct. App. April 27, 2021)

In Giller v. Slosberg, an elderly father revoked an existing power of attorney, executed a new power of attorney, and…

4 years ago

Cooper v. Trust Company Bank, 257 Ga. 272 (1987)

Trust Company Bank was named trustee of a trust created by Nancy Cooper in 1968. The trust provided that the…

4 years ago

Henderson v. Collins, 245 Ga. 776 (1980)

In 1977, Collins took a judgment against Hunt for $300,000. Collins then sought to enforce the judgment against a Louisiana…

4 years ago

McElrath v. Citizens & Southern Nat’l Bank, 229 Ga. 20 (1972)

A trust sought direction concerning whether it was required to pay for private school tuition. A grandfather established a trust…

4 years ago

Great-West Life & Annuity Ins. Co. v. Knudson, 534 U.S. 204 (2002)

In Great-West Life & Annuity Ins. Co. v. Knudson, 534 U.S. 204 (2002), an ERISA plan bought an action to…

4 years ago

Sereboff v. Mid-Atlantic Medical Services, Inc., 547 U.S. 356 (2006)

In Sereboff v. Mid-Atlantic Medical Services, Inc., 547 U.S. 356 (2006), an ERISA Plan sued the plan beneficiaries when funds…

4 years ago