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

5 years ago

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

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

5 years ago

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

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

5 years ago

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

Alexander v. Choate, 469 U.S. 287 (1985)

5 years ago

In Alexander v. Choate, 469 U.S. 287 (1985), the State of Tennessee reduced from 20 to 14 the number of…

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

5 years ago

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

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

5 years ago

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

Medicaid Legal Resources

5 years ago

42 U.S.C. § 1396 et seq. https://www.law.cornell.edu/uscode/text/42/chapter-7/subchapter-XIX 42 U.S.C. § 1396p https://www.law.cornell.edu/uscode/text/42/1396p 42 U.S.C. § 1396r-5 https://www.law.cornell.edu/uscode/text/42/1396r-5 42 C.F.R. Part…

I love coffee cake!

5 years ago

This recipe looks good, but what I really love is remembering the coffee cakes my grandmother and Aunt Mary made…

Parent Support Group at Anna Shaw Children’s Institute

5 years ago

All parents, grandparents, guardians, and other family members of children with special needs are invited to take part in a…

Covid 19 law sparks dialogue on nursing home alternatives

5 years ago

"With the memory of the pandemic’s toll in nursing homes still raw, the COVID-19 relief law is offering states a…

Is the Affordable Care Act Constitutional?

5 years ago

In California v. Texas, 21 Republican attorneys general claimed that Congress’ decision in 2017 as part of its tax cut…

Social Security Report on ABLE Accounts

5 years ago

DATE: Friday, March 26, 2021 MANAGEMENT CHALLENGE: Improve Administration of the Disability Programs REPORT NUMBER:  A-02-18-50357 REPORT TYPE: Audit Report…

In re Valerie R. Pecce Supplemental Needs Trust, 19-P-591 (Mass Ct. App. 2021)

5 years ago

This case presents the question whether a trust created with reference to the Federal Medicaid statutes -- the Valerie R.…

What the Courts have said about the Medicaid Program

5 years ago

Medicaid, just one of the sets of rules applicable to most older adults, is one of the most complex laws…

Alzheimer’s Foundation of America: Educating America Tour: Wyoming April 15 @ 10:00 am – 12:30 pm MDT

5 years ago

Conference Agenda 10 am – 10:15 am MT Welcome & About AFA Charles J.  Fuschillo, Jr. President & CEO, Alzheimer’s…

Anna Shaw Children’s Institute – Social Skills Group

5 years ago

Hamilton Medical Center's Anna Shaw Children's Institute is hosting a 6 week workshop on Social Skills from April 12 through…

What to Expect During Your Annual Physical (Podcast by Hamilton Medical Center)

5 years ago

What to Expect During Your Annual Physical Dr. Holly Lynch Hamilton Physician Group-Murray Campus Click Here to Listen to the…

In re the Estate of: Francis E. Barg, a/k/a Francis Edward Barg, 722 N.W.2d 492; 2006 Minn. App. LEXIS 148 (Ct. App. Minn. October 17, 2006)

5 years ago

The husband died six months after the decedent. The decedent had required nursing home care, and she received Medicaid assistance…

Applicants sought MSJ and Injunction where eligibility was denied due to annuity structure

5 years ago

Plaintiffs were a group of couples with one spouse in the nursing home and other spouse still in the community.…

Penalty is Imposed First Day of Month During or After Assets are Transferred for Less than Fair Market Value

5 years ago

Guardians of two nursing home residents brought suit contending that the State erred by beginning a transfer penalty on the…

No transfer penalty because gift to trust was 36 month look-back applied and it had expired

5 years ago

Hazel Wilson and her husband executed and funded a revocable living trust in 1991. The trust became irrevocable at her…

Norwest Bank N.D. v. Doth, 159 F.3d 328 (8th Cir. 1998)

5 years ago

Sonya Lotzer and Bobbi Lerud were in separate collisions. After settling their negligence claims, they funded special needs trusts without…

Sullivan v. County of Suffolk, 174 F.3d 282 (2nd Cir. 1999)

5 years ago

A tort plaintiff sought to fund his special needs trust without first repaying the Medicaid lien. Citing Norwest, the Court…

Reames v. Oklahoma ex rel. Okla Health Care Authority, 411 F.3d 1164 (10th Cir. 2005)

5 years ago

A 51 year old nursing home resident assigned her Social Security Disability check to a special needs trust. She then…

Bergman v. N.D. Department of Human Services (In re Estate of Bergman), 688 N.W. 2d 187 (N.D. 2004)

5 years ago

Carl Bergman had an annuity account which he transferred to his wife after he was admitted to a nursing home.…

State Dep’t of Human Res. v. Estate of Ullmer, 87 P.3d 1045 (Nev. 2004)

5 years ago

Prior to his death, Harold Ullmer was on Medicaid. At his death, Harold and his wife, Agnes, owned their home…

Hines v. Dep’t of Pub. Aid, 221 Ill. 2d 222 (Ill. 2006)

5 years ago

Beverly Tutinas's husband, Julian, was on Medicaid, but she was not. When Beverly died owning a home valued at $69,641.89…

Stafford v. Idaho Dep’s of Health & Welfare (In re Stafford), 181 P.3d 456 (Id 2008)

5 years ago

Seeking to increase the Community Spouse Resource Allowance (CSRA), the Staffords conveyed their home to a trust. After Mr. Stafford…

James v. Richman, 465 F. Supp. 2d 395 (M.D. Pa. 2006)

5 years ago

Robert and Josephine James were married when Robert went to the nursing home. A resource assessment was done and Medicaid…

Fair Market Value: What is it and what happens when property is given away, sold for less than FMV, or cannot be easily sold?

5 years ago

Answering the question, "what is fair market value," depends on the circumstances. For most purposes, the fair market value of…

O.C.G.A. § 53-1-20. Renouncing property; procedures; relation back; abridgement; fiduciary duties

5 years ago

(a) For purposes of this Code section, the term "property" includes any interest in property and any power over or…

O.C.G.A. § 53-1-5. Right of individual who feloniously and intentionally kills or conspires to kill to inherit

5 years ago

(a) An individual who feloniously and intentionally kills or conspires to kill or procures the killing of another individual forfeits…

Lifetime transfers and Satisfactions

5 years ago

O.C.G.A. § 53-1-10. Lifetime transfers (a) A lifetime transfer to a beneficiary of property that is the subject of a…

O.C.G.A. § 53-7-5. Powers, duties, and liabilities if more than one personal representative; safe deposit boxes or receptacles

5 years ago

(a) If more than one personal representative is qualified and unless the will provides otherwise: (1) The personal representatives must…

Uniform Transfer on Death Security Registration Act, O.C.G.A. § 53-5-60 through § 53-5-71

5 years ago

O.C.G.A. § 53-5-60. Short title his article shall be known and may be cited as the "Uniform Transfer on Death…

O.C.G.A. § 53-5-35. Muniments of title to realty

5 years ago

(a) Wills that are probated or established in another state shall constitute muniments of title for the transfer and conveyance…

Escheat – Reversion of Property to the State

5 years ago

O.C.G.A. § 53-2-50 As used in this article, the term "escheat" is the reversion of property to the state upon…

O.C.G.A. § 53-2-7. Vesting of title to property; right to possession

5 years ago

(a) Upon the death of an intestate decedent who is the owner of any interest in real property, the title…

Definitions in the Georgia Probate Court

5 years ago

O.C.G.A. § 53-1-2. Definitions (1) "Administrator" means any person appointed and qualified to administer an intestate estate, including an intestate…

Rosalynn Carter Institute Caregiving

5 years ago

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