March is Developmental Disability Awareness Month. March is also National Kidney Month. We regularly post links to news articles and other resources that might be of interest to our viewers. We focus on general news, health and healthcare news, special needs news, events, government sources, financial and retirement news and legal news. Only headlines are […]
On March 15, 2022, the Georgia Court of Appeals decided Willis v. Cheeley, 363 Ga. App. 341 (2022). There, a contested probate proceeding boiled over into the Superior Court of Gwinnett County where Appellee Joseph E. Cheeley III secured a declaratory judgment against Appellant William Joseph Willis. The Court of Appeals held the declaratory judgment […]
Although we do NOT recommend that you prepare your own Will, an example of a form published by the Southern Judicial Circuit is below: Abraham Lincoln is one of the individuals credited for the saying “A Man Who Is His Own Lawyer Has a Fool for a Client.” USE THIS FORM AT YOUR OWN RISK. See our […]
March is Developmental Disability Awareness Month. March is also National Kidney Month. We regularly post links to news articles and other resources that might be of interest to our viewers. We focus on general news, health and healthcare news, special needs news, events, government sources, financial and retirement news and legal news. Only headlines are […]
In Department of Human Services v. Hobart, the Oregon Court of Appeals ruled, on March 2, 2022, that Oregon’s Medicaid agency could pull a Medicaid recipient’s interest in a marital home back into her estate for purposes of estate recovery. The federal Medicaid law requires States to pursue estate recovery, but some States are more […]
On March 4, 2022, the Georgia Court of Appeals decided In re Estate of Elinor J. Ferrell (A21A1361). There, Alvin Ferrell filed a Petition to Probate his mother’s Will. His siblings filed a caveat (an objection) contesting the Will. The Caveators contested probate of the will asserting that (1) the Decedent was “not of the […]
We regularly post links to news articles and other resources that might be of interest to our viewers. We focus on general news, health and healthcare news, special needs news, events, government sources, financial and retirement news and legal news. Only headlines are listed so you can use this page like a newspaper, reading only […]
Donald Dobson has Medicare. He also has intractable and severe nausea and vomiting, which interfere with his ability to function and threaten other aspects of his medical condition. He was diagnosed with Central Spinal Cord Syndrome and Eagle Syndrome. Nothing worked to improve his condition until his doctors prescribed dronabinol. Unfortunately, the FDA hasn’t approved […]
Every person has a constitutional right to represent himself or herself. However, the right to represent someone else is regulated. Each State regulates the practice of law differently. In Georgia, the practice of law is defined as: (1) Representing litigants in court and preparing pleadings and other papers incident to any action or special proceedings […]
In Walker v. Richmond (Ga. Ct. App. 3/1/2022), a Tennessee probate case crossed into Georgia in the context of a declaratory judgment action, a default judgment and a motion to set aside the default. Alfonso Patton, a Tennessee resident, was under a Tennessee conservatorship. After Patton died in 2013, his only biological child, Patricia Richmond, […]
In Welch v. Oaktree Health and Rehabilitation Center (2/28/2022), the Tennessee Court of Appeals reversed a trial court’s determination that an arbitration agreement could not be enforced. David Welch was a nursing home resident. Prioer to his death, he executed a power of attorney for health care, designating his brother, James Welch, as his health […]
In In re Estate of Tom Cone, Jr., filed February 28, 2022, the Tennessee Court of Appeals affirmed the Probate Court’s decision that a testamentary gift was adeemed by extinction. Tom Cone, Jr., died on November 6, 2015. In his Will, he left his interest in a corporation, Cone Solvents, to his sister, Susan Ligon. […]
In Geyen v. Commissioner of Minnesota Department of Human Services, 964 N.W.2d 639 (2021), Dorothy Geyen’s application for Medicaid was denied. In 2011, Geyen established two substantially identical irrevocable trusts. Each trust provided that the trustee could not make loans to Geyen and could not make gifts to her. Nonetheless, the Department took the position […]
In American National Life Insurance Company v. Breslouf (Mass. Super. 6/3/2021), a Community Spouse named Julius Breslouf purchased a Medicaid annuity as part of the plan to secure Medicaid eligibility for his wife. The annuity named the Commonwealth of Massachusetts as the remainder beneficiary, followed by his daughter, Jennifer Brouslouf. Mr. Breslouf died before the […]
On February 24, 2022, the Georgia Court of Appeals decided In re Estate of Plybon (Appeal No. A21A1740, 2/24/2022). There, executrix Dorothy Johnson appealed from a Douglas County Probate Court order which construed the meaning of a 2013 Superior Court consent order in the context of a Petition for accounting and Final Settlement of Accounts. […]
February is American Heart Month! Read President Biden’s Proclamation on American Healrth Month 2022 We regularly post links to news articles and other resources we believe might be of interest to our viewers. We focus on general news, health and healthcare news, special needs news, events, government sources, financial and retirement news and legal news. […]
On February 11, 2022, the Georgia Court of Appeals affirmed Julia Bell’s conviction for elder exploitation. She was originally indicted 7 counts of elder exploitation; a jury found her guilty of four counts and not guilty of three counts. She appealed her conviction on the remaining accounts alleging, among other claims, that insufficient evidence supported […]
The Georgia Department of Community Health recently announced the 2022 Presumptive Eligibility Medical Assistance Federal Poverty Levels. These new income limits should be used for all PE determinations completed by Qualified Hospitals effective March 1, 2022. Both memos are below:
Poor estate planning (or no planning) can result in unexpected and unintended results. All States have a law similar to O.C.G.A. § 53-2-1(c), idenitfying your heirs when you don’t have a Will, or if your Will doesn’t cover all of your property. Section 53-2-1(c) provides: (c) Except as provided in subsection (d) of this Code section, […]
In In Re Estate of McClendon, 359 Ga. App. 259 (2021), decedent David McLendon’s Will was offered for probate by his widow and brother. McLendon’s children filed a caveat claiming the Will was invalid because it was not executed in accordance with the required formalities. After the Probate Court admitted the Will for probate, McLendon’s […]
February 18th is National Caregiver’s Day! General News Sources: Will Social Security run out of money? Here’s what could happen to your benefits if Congress doesn’t act Georgia AG Carr Warns Georgians to Beware of Romance Scams | FBI Warning North Macedonia President Walks Girl With Down’s Syndrome To School After She Was Bullied What […]
In In re Estate of Curvan, 362 Ga. App. 665 (2022), Sharon Lavant offered a July 31, 2019 Will of Randolph Curvan for probate. Cheryl Curvan, Charmaine Curvan and Randolph Curvan filed a caveat. Among their complaints, they alleged the Will was not the valid last will of Decedent, that the signatures on the Will […]
In The Matter of Jerry Boykin (Ga. S22Y0563 2/15/2022), attorney Jerry Bokin had been on disability status since 2018 and was not actively practicing. Nonetheless, in 2020, he filed a petition to probate a Will. After learning that a subsequent Will was filed appointing co-executors, Boykin tried to talk one of the co-executors into renouncing […]
In Georgia, the original Will must be offered for probate if it is available. If the original Will is lost, Section 53-4-46 creates a presumption that the Will was revoked due to its destruction, but that presumption may be overcome by a preponderance of the evidence. Section 53-4-46(b) provides: A copy of a will may […]
On February 10, 2022, the National Consumer Voice for Quality Long-Term Care posted a podcast titled Nursing Home Neglect: Preventing it and Getting Help. Click here to listen to the podcast. Other podcasts by the National Consumer Voice for Quality Long-Term Care are available here. For other information regarding nursing home resident rights, click here. […]
General News Sources: Getting the Most from Social Security (NYT – subscription required) The average retiree spends 30% of their Social Security income on health care Governor Mills of Maine) Releases Historic Elder Justice Roadmap Alzheimer’s Foundation of America offers free virtual memory screenings How car sensors monitor Alzheimer’s disease A document checklist for family […]
In Moore v. Noogle, (N.D. GA Case No. 1:19-CV-3296-TWT, 1/24/2022), the Court heard from James Moore and John Panuska, both of whom were injured in seperate motor vehicle collisions. Each had a special needs trust and each applied for newly approved, but not yet implemented, “skilled nursing hourly” benefit under Georgia Medicaid’s ICWP waiver. Delays […]
NOTE: If you have a Georgia corporation or limited liability company, your annual return is due by April 1, 2022. General News Sources: Dog Aging Project is looking for more participants National Black (African American) History Month: February 2022 (Census) Tricare coverage and Medicare explained Growing elder populations require more services, awareness NAIC Comments on […]
Aged, blind, or disabled individual means an individual who— (A) is 65 years of age or older, is blind (as determined under paragraph (2)), or is disabled (as determined under paragraph (3)), and (B) (i) is a resident of the United States, and is either (I) a citizen or (II) an alien lawfully admitted for […]
Medicare covers treatment that is medically reasonable and necessary during a benefit period. Medicare beneficiaries are entitled to 90 days of coverage per benefit period (although each Medicare beneficiary has a 60 day lifetime reserve that can be used to extend coverage). The skilled nursing facility coverage provided through Medicare Part A (following a qualifying […]
General News Sources: Justice Stephen Breyer announces Retirement What Assets Should Be Included in Your Trust? Facebook parent Meta creates powerful AI supercomputer Make a Plan for Your Parents’ Care Family members as caregivers Social Security: How to get your new baby’s social security number School Choice and the Mental Illness Epidemic The 4 Phases […]
The last thing you want is someone in your home that you can’t trust. You might want to run a background check on potential caregivers before allowing them into your home. Here are a few resources: National Sex Offender Public Website Specific Sex Offender Websites (FBI) Georgia Department of Corrections (Includes Inmate Search) Department of […]
Federal regulations (42 C.F.R. § 483.60) provides that each resident receives and the facility must provide: Food prepared by methods that conserve nutritive value, flavor, and appearance; Food and drink that is palatable, attractive, and at a safe and appetizing temperature; Food prepared in a form designed to meet individual needs; Food that accommodates resident […]
Residents in long-term care facilities have the right to choose their treating physician. This right is supported in federal and state law. See 42 C.F.R. § 483.10(d); O.C.G.A. § 31-8-108(b)(1). As a practical matter, however, most physicians, don’t make house calls to the facility. This mean, by default, most residents are treated by the facility’s […]
In Estate of Jeffcoat, 361 Ga. App. 828 (2021), Eleisha Pate filed a Petition to Probate the Will of Rhonda Jeffcoat, her mother. Pate was the named Executor. However, evidence in the Probate Court showed that Pate and her half-sister, Shauna Jeffcoat, could not get along. As a result, the Probate Court found Pate was […]
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 […]
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 […]
In 1984, the U.S. Supreme Court decided Chevron v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984). Chevron concerned an EPA environmental regulation. The amended Clean Air Act required these “nonattainment” States to establish a permit program regulating “new or modified major stationary sources” of air pollution. Generally, a permit may not be issued […]
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 […]
Hamilton Medical Center annouced two new podcasts that may be helpful. Dr. Hector Dourron, a board-certified vascular surgeon at Hamilton Vascular Center in Dalton, Georgia and Chatsworth, Georgia, speaks on Detecting and Treating Peripheral Vascular Disease. Dr. Carlos Peñaherrera, a board-certified endocrinologist at Hamilton Diabetes and Endocrinology Center, speaks on Thyroid Cancer Treatment. Listen to […]
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
If the person named as Executor in a Last Will and Testament does not wish to serve, most Probate Court require that he or she file a renunciation from executorship (if the named executor is deceased, file a copy of his or her death certificate). The following form is not an official form, but it […]
Unless the applicable Probate Court requires a different form, the following form may be used when preparing an estate inventory (if one is required). Use additional sheets as necessary. The inventory must be delivered to estate beneficiaries if there is a Will and to heirs-at-law if the estate is being administered. In uncontested cases, if […]
The following form may be used when seeking authority to open a safety deposit box after a decedent’s death to determine whether the Last Will and Testament is there. If the Will is located, the attached Order authorizes the Petitioner to deliver the Will to the Probate Court. Source: Cobb County Probate Court
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