In Carpenter v. Carpenter, 276 Ga. 746 (2003), Gloria and Steven Carpenter appealed an order dismissing their Caveat to the Will of Everett “Leroy” Carpenter. The Probate Court had referred the case to Superior Court where the dismissal occurred. In reversing the decision below, the Georgia Supreme Court held “Probate courts have the exclusive jurisdiction over the probate of wills. OCGA § 53-5-1(a).”
The procedure to be followed where a probate court judge is disqualified or unable to act on the probate of a will is set forth in OCGA § 15-9-13, as implemented by Uniform Probate Court Rule 3. That procedure was not followed. If it had been followed then the Superior Court judge would have been authorized to sit over the probate of Leroy’s Will. Since it wasn’t followed, because a superior court lacks subject matter jurisdiction to hear the probate of a will, it follows that the judgment rendered by the superior court here was a nullity and void.
After Medicaid eligibility is established, 42 C.F.R. § 435.725 addresses how income is treated. For…
In Harrison v. Young (5th Cir. June 6, 2024), the Fifth Circuit considered Ms. Barbara…
From time to time federal regulations covering nursing home quality of care are updated. Thus…
Nursing homes that accept Medicare or Medicaid are required to comply with quality of care…
On June 11, 2024, the Gerontologist published an article on Medicaid enrollment and Intergenerational transfers…
Dementia affects more than 50 million people worldwide. The Virtual Dementia Tour is designed to…