Due Process Limits State’s Power to Tax Out of State Trust

1 year ago

In North Carolina Department of Revenue v. The Kimberley Rice Kaestner 1992 Family Trust, the U.S. Supreme Court was asked…

The ARC Fights to Protect Medicaid

1 year ago

Medicaid is critical for individuals with special needs. It pays for things no one else will pay for and it…

Medicare Secondary Payer law

1 year ago

Since 1980, Medicare pays after another responsible entity pays certain health care claims for Medicare beneficiaries. This is known as…

When Should I Take Social Security?

1 year ago

Many people want to know when they should apply for Social Security (assuming it still exists when you need it).…

What is the Social Security Fairness Act?

1 year ago

The Social Security Fairness Act was signed into law on January 5, 2025. Prior to passage of this new law,…

Pat Summitt Documentary

1 year ago

If you follow Women's College Basketball, then you must have heard of Pat Summitt. Coach Summit was a legend in…

New Georgia Law Regarding Notaries

1 year ago

House Bill 1292 (HB 1292) now imposes new duties on Georgia Notaries effective January 1, 2025. The new law is…

Find a Certified Elder Law Attorney

1 year ago

If you are looking for assistance understanding Elder Law, a Certified Elder Law Attorney can help. Before you can sit…

Non-Probate Assets

1 year ago

Not everything goes through someone's probate estate. That means not everything passes through your Will. If you care how your…

Georgia Wills: What’s Required

1 year ago

Georgia law defines a Will as "the legal declaration of an individual's testamentary intention regarding that individual's property or other…

Can a Lender Force You to Pay-up or Refinance a Home Mortgage After Your Relative Dies?

1 year ago

One question we frequently get is what happens to a home mortgage after my relative (usually mom or dad) dies?…

Long Term Care Services for Veterans

1 year ago

The Veteran's Administration (the VA) makes long-term care support available for qualifying veterans in several ways. VA Community Living Centers…

2025 Medicare Part B Premium and Part A Co-Pays

1 year ago

On November 8, Medicare announced the 2025 premiums and Co-Pays. The standard monthly premium for Medicare Part B enrollees will…

Oath for Georgia Guardians and Personal Representatives

1 year ago

Before a guardian or the personal representative of an estate takes office, he or she must take an oath. The…

Form: Affidavit of Diligent Search

1 year ago

In Georgia, when actions are filed in Probate Court, some people must be notified before the case can move forward.…

Income Tax Return for Estates and Trusts – Form 1041

1 year ago

What is Form 1041 used for? If an estate or trust has gross income of $600 or more during a…

Notice Concerning Fiduciary Relationship – IRS Form 56

1 year ago

IRS Form 56 is used to notify the IRS of the creation or termination of a fiduciary relationship under section…

2025 Spousal Impoverishment Standards

1 year ago

On November 15, 2024, the Centers for Medicare and Medicaid Services posted the 2025 spousal impoverishment standards. These are the…

Social Security Disability versus Veteran’s Disability

1 year ago

The word disability doesn't have the same meaning in all contexts. If you have a disability insurance policy, you could…

Getting Organized

2 years ago

Many people think that estate planning is just having documents prepared. They have a lawyer prepare a Will, get it…

Beneficiary who accepted inheritance under Will could not bring action for tortious interference

2 years ago

In Chambers v. Edwards, 365 Ga. App. 482 (2022), William Chambers sued his sister, Kathy Edwards, alleging tortious interference with…

Medicaid’s payment of medical bills does not bar recovery from negligent party

2 years ago

When an injured party sues someone who negligently injured him or her, one form of damages the injured party may…

Market Observations from David Hultstrom

2 years ago

From time to time we re-post David Hultstrom's Financial Foundations. Mr. Hultstrom, who is a co-founder of Financial Architects, had…

Construing the Meaning of a Trust: Settlor’s Intent

2 years ago

If called upon to determine the meaning of a trust, or to resolve some ambiguity, Court look for the intent…

Privacy Laws

2 years ago

There are a number of laws protecting your privacy and the privacy of your information. This page describes several of…

Everyone has a Will (Even if you don’t)

2 years ago

Everyone should have a Will. If you don't have a Will then your stuff might go to someone you don't…

Sample Trust Language Appointing Trustee

2 years ago

The following sample language comes from a trust that was drafted years ago, however it remains useful in understanding issues…

Selecting the Trustee

2 years ago

One of the most important tasks when creating a trust is selecting the trustee. You can have the best trust…

Promissory Notes

2 years ago

When the Deficit Reduction Act of 2005 changed 42 U.S.C. § 1396p, new restrictions were imposed on promissory notes. Subsection…

Refusal to Answer Medicaid’s Questions Justified Denial of Eligibility

2 years ago

In Lamle ex rel. Lamle v. Shropshire (W.D. Oklahoma 5/29/2024), a United States District Court upheld a denial of benefits…

How much protection does a Medicaid Asset Protection Trust really provide?

2 years ago

In Hammerberg v. Department of Human Servs. (Minn. Ct. App. 4/22/2024), the State made an estate recovery claim against what…

Service Animals and the ADA

2 years ago

Service animals used by individuals with a disability can only be excluded from public places if they cannot be controlled…

Americans with Disabilities Act of 1990: The Basics

2 years ago

On July 26, 1990, President George H.W. Bush signed into law the Americans with Disabilities Act of 1990 ("ADA"), a…

TennCare’s Medicaid Renewal Process was Illegal and Flawed

2 years ago

The Tennessee Justice Center and its legal partners brought a class action in the U.S. District Court for the Middle…

Am I required to register my business with FinCEN?

2 years ago

*Note: On December 3, 2024, the US District Court for the Eastern District of Texas granted a nationwide preliminary injunction…

Proposed Legislation would turn estate planning on its head

2 years ago

The American Housing and Economic Mobility Act of 2021 (now "of 2024") may have taken on new life recently as…

Protecting your private Information

2 years ago

Review Account Statements and Notify Law Enforcement of Suspicious Activity As a precautionary measure, remain vigilant by reviewing all of…

IRS publishes regulations relating to required minimum distributions from qualified plans

2 years ago

On July 19, 2024, the IRS published final regulations regarding required minimum distributions (RMDs) from qualified plans. Required Minimum Distributions…

Georgia Medicaid Waiver Programs

2 years ago

Section 1115 of the Medicaid statute allows sates to test new or existing ways to deliver and pay for health…

Free Webinar on Medicare: August 13, 2024

2 years ago

On August 13, 2024, from 3pm to 4pm ET, the Center for Medicare Advocacy is hosting a free webinar titled:…

Georgia now permits child support for disabled children over 18

2 years ago

Child Support for Disabled Children Over 18 Between 1993 and June 30, 2024, Georgia Courts could only award child support…

Award of Custody to Grandparent Overturned

2 years ago

Award of Custody to Grandparent Overturned In Geiger v. Allmond, 371 Ga. App. 641 (May 23, 2024), the Court of…

Can Homeless Individuals with Mental Illness be Arrested for Sleeping Outdoors?

2 years ago

In City of Grants Pass, Oregon v. Johnson (U.S. 6/28/2024), the U.S. Supreme Court held that enforcement of generally applicable…

Life Estate Awarded as Year’s Support Upheld

2 years ago

Mavis, who was 77, survived her husband, Jerry. She filed a Petition for Year's Support and the Probate Court awarded…

Stetson Law School Announces Tax Certificate Program for Elder Law Attorneys

2 years ago

Stetson's College of Law announced that it will offer a graduate certificate program for Elder Law Attorneys who need tax…

Estate and Gift Tax Exclusion Amounts

2 years ago

The amounts below are the estate tax exclusion amounts as provided by the IRS. Unless Congress takes action, in 2026,…

Locating Medicaid Law

2 years ago

Sometimes finding Medicaid law is tough, but we hope to give you resources here. Federal and state statutes, regulations and…

Medicaid Estate Recovery is Required

2 years ago

At common law there is no obligation to reimburse the government for financial support and services received while impoverished. When…

Structure of the Medicaid Program

2 years ago

“Each participating State develops a plan containing reasonable standards . . . for determining eligibility for and the extent of…