Mavis, who was 77, survived her husband, Jerry. She filed a Petition for Year’s Support and the Probate Court awarded her a life estate in the marital residence. Michael, one of Jerry’s children from a prior marriage, appealed. He argued that the record did not support a finding that Mavis’ economic need justified the award […]
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In Farmer v. Farmer (decided March 15, 2024), the Georgia Court of Appeals reversed the trial court’s grant of summary judgment in favor of a land owner, finding that his aunt could present her claim to a jury that a life estate was given to her. The ordinary rule is that contracts involving land must […]
Am I Eligible for Medicaid? Recently we were asked about the following fact pattern. Parent had multiple properties in different counties. More than 60 months ago, parent gave these properties to children reserving a life estate. The question, initially, was whether parent is eligible for nursing home Medicaid. The follow-up question was whether the property […]
Penalty Affirmed After Life Estate Conveyed; Hardship Waiver Unavailable Because No Legal Action was Taken to Recover Property. Petitioner, a divorced individual, acquired a life estate in business property with his ex-wife owning the remainder interest. He entered a nursing home in March 2008 and his Medicaid application was denied after the caseworker valued his […]
Georgia’s Medicaid Manual cannot be enforced when it conflicts with federal law. Applicant resided in an assisted living facility until she went to a nursing home in 2008 and applied for Medicaid. Prior to that time, her vacant home was placed on the market and sold. To accomplish the sale, Petitioner conveyed her life estate […]
Assessment of transfer penalty on sale of life estate affirmed. Conservators sold life estate for $1,500, then sold the applicant’s home for $55,000 after putting $13,397 into repairing the home. A transfer of resource penalty was assessed because the life estate interest was .58914 percent of the home value, which is well below $1,500. On […]
