What is Form 1041 used for? If an estate or trust has gross income of $600 or more during a tax year, it must file a tax return. The fiduciary of a domestic decedent’s estate, trust, or bankruptcy estate uses Form 1041 to report: The income, deductions, gains, losses, etc., of the estate or trust; […]
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IRS Form 56 is used to notify the IRS of the creation or termination of a fiduciary relationship under section 6903 and provide the qualification for the fiduciary relationship under section 6036. Form 56 cannot be used to update the last known address of the person, business, or entity for whom you are acting. Use […]
On November 15, 2024, the Centers for Medicare and Medicaid Services posted the 2025 spousal impoverishment standards. These are the standards used to determine how the amount of income and resources that can be diverted to or retained by a Community Spouse. They also tell us the SSI rate and the Medicaid income cap. In […]
Many people think that estate planning is just having documents prepared. They have a lawyer prepare a Will, get it signed and they’re done. As Lee Corso says on Game Day, “Not so fast!” The hardest part of stepping into someone else’s shoes, whether its as an agent under a power of attorney, or as […]
In Chambers v. Edwards, 365 Ga. App. 482 (2022), William Chambers sued his sister, Kathy Edwards, alleging tortious interference with inheritance. The trial court granted Edwards’ motion to dismiss (converted to a motion for summary judgment when evidence not in the pleadings was considered). The parties’ father died in 2011, leaving everything to their mother. […]
When an injured party sues someone who negligently injured him or her, one form of damages the injured party may recover are medical expenses. However, can those expenses be recovered when they have been paid by someone else? In Bennett v. Haley, 132 Ga. App. 512 (1974), the Court said they can be recovered. The […]
If called upon to determine the meaning of a trust, or to resolve some ambiguity, Court look for the intent of the Settlor. As stated in Strange v. Towns, “The cardinal rule in construing a trust instrument is to discern the intent of the settlor and to effectuate that intent within the language used and […]
There are a number of laws protecting your privacy and the privacy of your information. This page describes several of them, but it is not meant to be comprehensive. If you have specific questions regarding privacy laws, you should consult with an attorney. Georgia does not have any specific “state” privacy laws. Still, in Georgia, […]