In Wilbur v. Floyd, 353 Ga. App. 864 (2020), Jeffrey Wilbur, on behalf of himself and as the executor of Gwen Wilbur’s estate, appealed summary judgment in favor of his sister, Patricia Floyd. Wilbur argued the trial court (1) erred in concluding that (a) the mother’s will was not valid because the attestation page was […]
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Tennessee recently enacted 2021 Tenn. Pub. Acts. 420 (shown below) in an attempt to help Tennessee become a top trust jurisdiction. Among other changes to the trust code, this new law decreases the statute of limitations for creditors filing claims against the trust from two years to 18 months. Articles and Pages: Tennessee Trust Bill […]
(Current as of January 25, 2022) Attorneys are certified as Certified Elder Law Attorneys by the National Elder Law Foundation. NELF lists the criteria for being certified on its website at the following link: Qualifications Summary. The following Florida attorneys have been certified by NELF: Vicki Joiner Bowers Bowers and Associates, PA 6789 Southpoint Pkwy, Ste 300 […]
General News Sources: Oldest person in the US reportedly dies at 115 Supreme Court declines to hear case of Delphi retirees over lost pensions Big pensions are nearly 100% funded, the healthiest they’ve been since 2008 financial crisis Pre-tax vs. Roth 401(k): There’s more to consider than you think Widow’s dilemma: When to claim Social […]
O.C.G.A. § 53-3-5 allows a surviving spouse or minor child to file a claim for Year’s Support. Although there are rarely objections, if someone contests the Petition, then the Petitioner must prove entitlement. Georgia appellate courts state the “intent [of year’s support] is to protect the family survivors from a reduction in their standard of […]
A recent Forbes article by Matthew Erskine, 2022 Transfer Tax Update, suggests that now is the time to make gifts if you’re concerned that you might have a taxable estate. Since no one knows that Congress will do with the estate tax and gift tax, some advisors assume the Trump-era transfer tax cuts will remain […]
In Merritt v. Ohio Department of Job and Family Services, Case No. CA2021-04-044 (12/27/2021), Jerome Merrit applied for Ohio nursing home Medicaid. His son, Glenn Merritt, arranged for Jerome’s admission to Heritagespring of West Cherster, using his healthcare and general power of attorney. The nursing home applied for Medicaid, but told Glenn that Jerome must […]
Guardians must file a personal status report within sixty (60) days after appointment, and then annually, reporting the ward’s location, condition and any unmet needs. Although these forms tend to vary from court to court, unless the court directs that a different form be used, the following is an example of what guardians must file: […]
Initially, a conservator must file an inventory and asset management plan within 60 days after appointment. Each year a conservator must file an annual return and a final return must be filed when the conservatorship terminates (or when after the ward’s death). Unless the applicable Probate Court directs that a different form be used, the […]
Sometimes the original executor can no longer serve. The following form may be used to petition the Probate Court for appointment of a successor executor. Source: Cobb County Probate Court
