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 […]
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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
When you file a Petition to Probate a Will or for Letters of Administration, you must give notice to the heirs-at-law. Sometimes it’s difficult to determine who is an heir-at-law. The following worksheet can be used when identifying them: Source: Cobb County Probate Court (This form is available on several Probate Court websites) See O.C.G.A. […]
In Georgia, a Will must be self-proved or the witnesses to the Will must either sign written witness interrogatories or provide testimony that they observed the Will’s execution and that requisite formalities were observed. What happens if the witnesses are deceased or cannot be located? The law allows (O.C.G.A. § 53-5-24) someone familiar with the […]
When you file a Petition to Probate a Will or a Petition for Letters of Administration in Georgia, you must give notice to all heirs-at-law. Why? Because those are the persons who have legal standing to file an objection (caveat) to the Will or file an objection to your Petition for Letters of Administration. What […]
In Georgia, anyone in possession of an original Will after the Will-maker’s death, must file it with the appropriate Probate Court. HOWEVER, that does not mean you must file a Petition to Probate the Will. The following form may be used to file the Will for information purposes only. Source: Cobb County Probate Court (modified […]
The following notices are routinely included with other correspondence from Tenncare. Below are Tenncare’s notices regarding: (1) Estate Recovery, (2) Qualified Income Trusts, and (3) Reporting changes to Tenncare.
In In Re Estate of Penland, 357 Ga. App. 369 (2020), the probate court found that James Ray and Eloise Hadaway violated an in terrorem clause in their mother’s Will when they failed to make certain specific distributions required under the Will and ruled they were disinherited under the Will. The Court of Appeals found […]
Estate Planning and Estate Tax News: The simple four step guide for estate planning How to get your affairs in order Making legal plans after dementia diagnosis Opinion: When faced with death, people often change their minds Trust or Will? How to navigate what’s best for your family Basics of Estate Planning and Your Digital […]
Attorney David McGuffey and the Elder Law Practice of David L. McGuffey, LLC recently announced the launch of EZElderlaw.com. DALTON, GEORGIA, UNITED STATES, January 3, 2022 /EINPresswire.com/ — Attorney David McGuffey and the Elder Law Practice of David L. McGuffey, LLC recently announced the launch of EZElderlaw.com. The new site offers information on subjects of interest […]
In In re Estate of Butler, 356 Ga. App. 287 (2020), Anita Butler filed a petition to probate her father’s Will. Other family members filed an objection and caveat. Ultimately the case was settled with Butler agreeing to offer her late father’s will in Vermont in order to transfer a parcel of real estate located […]
Appeal Route From Article 6 Probate Court In Spence v. Dep’t of Behavioral Health and Developmental Disabilities, 359 Ga. App. 603 (2021), Jermaine Spense was involuntarily committed as a hospital inpatient. Spence sought review after the Department sought an order of continued hospitalization of Spence pursuant to OCGA § 37-3-83. On April 18, 2019, the […]
In In re Estate of Brown, 357 Ga. App. 869, 850 S.E.2d 503 (2020), the Fulton County Probate Court appointed Ann Herrera as conservator for Leon Brown in 2011. After Brown died, Herrera filed a petition for letters of administration and Brown’s sister, Linda Glover, objected. Glover argued that Brown was a resident of Henry […]
In 2021 we said goodbye to many well-known celebrities – some famous and some infamous. This list includes many of them: Virgil Abloh Peter Aykroyd Michael Apted Sir David Amess Ed Asner Astro Lisa Banes Ned Beatty Paul Belmondo Lionel Blair Leslie Bricusse Johnny Briggs James Brokenshire Steve Bronski Dieter Brummer Eric Carle John Challis […]
By statute, Georgia law provides that “No common-law marriage shall be entered into in this state on or after January 1, 1997. Otherwise valid common-law marriages entered into prior to January 1, 1997, shall not be affected by this Code section and shall continue to be recognized in this state.” See O.C.G.A. § 19-3-1.1. Still, […]
In In re Estate of Cornett, 357 Ga. App. 310 (2020), Sarah Cornett was appointed successor Executor over the Will of her deceased husband, George Thomas Cornett, Jr. (“Tom”). Tom had five surviving adult children. Sarah appealed after she was removed as Executor and ordered to return certain estate assets and to pay certain funds […]
In addition to a health care advance directive, one way to create evidence regarding your health treatment wishes and end-of0life wishes is to complete a health values questionnaire. One of the issues in Cruzan and Schiavo was the absence of adequate evidence demonstrating what the patient would want if she could speak for herself. Wouldn’t […]
If you want someone to represent you in front of the IRS, you will need to execute Form 2848. The 2021 version is below. Updated versions are available at www.irs.gov.
In In re Estate of Burkhalter, 354 Ga. App. 231 (2020), William Burkhalter was executor of the estate of Louise Ray Burkhalter. George Burkhalter and Nancy Ward, beneficiaries of Louise’s estate, filed a petition for declaratory judgment seeking an accounting. William took the position that George and Nancy had violated the Will’s in terrorem clause […]
In In re Estate of Jenkins, 358 Ga. App. 254 (2021), the ward (Shaun Jenkins) sustained profound injuries as an infant due to malpractice. Jenkins received a settlement giving him annual income of $337,000 (or about $28,000 per month). The probate court limited the Conservator’s spending to $17,000. In 2019, the Conservator purchased a disabled-accessible […]
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An Ethical Will is a statement of values you want to pass along to those you leave behind. It is not a replacement for a Last Will & Testament, which distributes your property. However, money isn’t necessarily the most important thing you leave behind when you depart this world. You can use this form (or […]
One gift you can give your family is a guide to what you want (and don’t want) after you die. Many families are grieving when they make choices at the funeral home. Completing a planning guide can help them get it right so they don’t overcompensate when making funeral plans.
The key to successful special needs planning is preparing for the day when parents, grandparents, spouses or others are no longer available to assist the individual with special needs. There are many special needs planning guides out there, but the form below is an example you can use. We also recommend Hal Wright’s book, the […]
In Georgia, a Conservator must file an annual return and a final return. The current form appears below. For the most part, this form requires a check-book type entry, listing all funds coming in and all funds going out. One mistake many conservators make which adds to the book-keeping burden is maintaining multiple accounts. Multiple […]
The Bureau of Consumer Financial Protection issued a new debt collection rule effective November 30, 2021. The final rule revises Regulation F, which implements the Fair Debt Collection Practices Act (12 CFR Part 1006). The new rule requires a validation notice which must include information like: Name and mailing information of the debt collector Name […]
As of December 21, 2021, Georgia has changed its Estate Recovery Program rules under Title 49 O.C.G.A. § 49-4-147.1. This change is effective July as of July 1, 2018.
As of December 15, 2021, Georgia Medicaid renewals have been extended again due to Covid-19.
In Georgia and 26 other states, insurers that sell Medicare supplement insurance must also sell those policies to individuals under 65 who receive Medicare as a result of disability. Specifically, O.C.G.A. § 33-43-3(g) provides: Insurers offering medicare supplement policies in this state to persons 65 years of age or older shall also offer medicare supplement […]
General Sources: Autism Society’s Capital Connection 12-16-2021 (reviewing Build Back Better Act) National Health Care Spending in 2020: Growth Driven by Federal Spending in Response to Covid-19 (Health Affairs) House Advances Build Back Better Act (Health Affairs) Indirect Gift Tax Considerations for 2021 (The Tax Advisor) Smart moves to make with your retirement portfolio before […]
The Arc of the United States has posted more than 40 video programs designed to provide online activities for individuals with disabilities, their families and service providers. Topics include arts, community and life skills, health and wellness, virtual clubs and more. Click here for more information.
The standards for the 2022 Community Spouse Resource Allowance and Community Spouse Monthly Income Allowance have been updated in the document below:
General News Sources: NAELA member Janet Colliton, CELA, wrote Eligible Charity Distribution can reduce taxes Lack of special ed teachers keeps some autistic students ill-prepared for college Bob Dole remembered as champion for people with disabilities If you have a child with special needs, here’s how to plan for their life after you pass What […]
The HIPAA privacy rule is not absolute. It recognizes that certain disclosures are beneficial, such as those where information must be shared to ensure that a patient receives the best treatment. Section 164.510 provides that a covered entity may use or disclose protected health information, provided that the individual is informed in advance of the […]
The Olmstead case was brought by two Georgia women whose disabilities include mental retardation and mental illness. At the time the suit was filed, both plaintiffs lived in State-run institutions, despite the fact that their treatment professionals had determined that they could be appropriately served in a community setting. The plaintiffs asserted that continued institutionalization […]
A parent or a guardian (each a “designated individual”) may appoint a standby guardian of a minor. O.C.G.A. § 29-2-10. Upon determination that the designating individual is unable to care for the minor, the standby guardian, without judicial intervention, may assume all rights, duties and responsibilities of guardianship of the minor. The standby guardian must […]
A new Medicaid lien case is pending in the U.S. Supreme Court. The question presented is “[w]hether the federal Medicaid Act provides for a state Medicaid program to recover reimbursement for Medicaid’s payment of a beneficiary’s past medical expenses by taking funds from the portion of the beneficiary’s tort recovery that compensates for future medical […]
The cases discussed here make clear the importance of making health decisions in advance and communicating them. Too often, decisions are put off, sometimes because people fear an advance directive is a license to kill; if individuals took time to examine the document, they would find that its simply an expression of individual values, whether […]
A POLST form is a legally sufficient medical order that health care providers and health care facilities may use in accordance with their policies and procedures regarding end of life care. A POLST order remains effective unless the order is revoked by the attending physician upon the consent of the patient or the patient’s authorized […]
Georgia law (O.C.G.A. § 31-39-1 et seq.) defines a candidate for non-resuscitation as a patient who, based on a determination to a reasonable degree of medical certainty by an attending physician with the concurrence of another physician: (A) Has a medical condition which can reasonably be expected to result in the imminent death of the […]
Nursing home residents and their personal representatives have a right to stay informed regarding their condition and their care. 42 CFR § 483.10(g) provides: (1) The resident has the right to be informed of his or her rights and of all rules and regulations governing resident conduct and responsibilities during his or her stay in […]
The worksheet below is not intended as a substitute for legal advice. It requires an understanding of the Medicaid budgeting process in the State where the applicant is applying for Medicaid. However, if the user knows how that process works, then this worksheet is designed to provide a “quick and dirty” estimate of the patient […]
The Build Back Better Act passed the U.S. House of Representatives on Friday, November 19, 2021 on a mostly party-line vote. The White House describes the key provisions as: It lowers your costs to save you money on things like prescription drugs and health care and housing. It gets Americans back to work by providing […]
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 Tennessee attorneys have been certified by NELF. Amelia G. Crotwell 903 N Hall Of Fame Dr., Knoxville, Tennessee 37917-6748 (865) 951-2541 Website Henry D. Fincher […]
The U.S. Department of Housing and Urban Development (HUD) administers a number of programs to assist low-income families, older adults and individuals with special needs to secure safe and affordable housing. One of those programs is the Section 8 Rental Certificate Program. The Section 8 Rental Certificate program increases affordable housing choices for very low-income […]
The procedure commonly referred to as a “1013” is governed by O.C.G.A. Title 37, Chapter 3 (§ 37-3-41 et seq).* The procedure applies to individuals who present a substantial risk of imminent harm to himself, herself or others, as manifested by either recent overt acts or recent expressed threats of violence which present a probability […]
An attending physician, treating physician, or other physician licensed according to the laws of the State of Georgia, after having personally examined an adult, may certify in the adult’s medical records the following: (1) The adult is unable to consent for himself or herself; and (2) It is the physician’s belief that it is in […]
Gifting is usually a last resort when creating a Medicaid Plan. The reason is gifts trigger a transfer of resources penalty. The Medicaid Transfer Penalty Worksheet can be used to calculate the penalty, but an additional worksheet is helpful when calculating the amount of income a Medicaid applicant must generate to private pay through the […]
