On March 24, 2023, the United States District Court for the Middle District of Florida ruled in Securities and Exchange Commission v. Synergy Settlement Services, Inc., et al., Case No. 6:22-cv-820-WWB-DCI. The motion before the Court was to dismiss the action. The motion was denied with the Court indicating it should at least move tot […]

In Walsh v. Bowen (Ga. App. 2023), the Court considered whether an inter vivos gift to a 529 account was a completed gift. Rick Walsh made transfers during his lifetime to a 529 account his wife, Alice Walsh, owned for the benefit of her grandchildren. Although there was evidence Mr. Walsh contemplated the gift earlier, […]

An easy way to think about trusts is to consider the example of a delivery truck. A delivery truck driver has no control over how a package is addressed by the sender. The truck driver has no control (other than his delivery schedule) over who receives the package. The driver transports the package as directed. […]

One of the most fundamental, but often overlooked issues when planning for – or evaluating – Medicaid eligibility is this: Medicaid does not alter property rights, contract rights or other legal rights with value. Medicaid simply measures those rights to determine whether they cause an applicant to be eligible or ineligible. In other words, if […]

On April 5, 2023, the VA posted (presumably to remind everyone) regarding its comprensive assistance for family caregivers. The VA said “Support for caregivers means making sure you’re informed about the programs, resources, and services available to you. The Caregiver Support Program (CSP) provides clinical services to caregivers of Veterans who are enrolled in the […]

The Will must be signed by the testator Under O.C.G.A. § 53-4-20, the testator (who must be at least 14 years old) must sign his or her will. The signature can be a sign, mark, or any name that is intended to authenticate the document as the testator’s will. If the testator is physically unable […]

The new Aid and Attendance enhanced pension rates for 2023 are: Surviving Spouse $1,432 Monthly / $17,184 per year Single Veteran $2,229 Monthly / $26,748 per year Married Veteran $2,642 Monthly / $31,704 per year Two Vets Married $3,536 Monthly / $42,432 per year If you qualify for these benefits, the VA will base your […]

In Knick v. Township of Scott, Mary Knick owned 90 acres of land in Scott Township, Pennsylvania. She lived in a family home on the property and used the rest of the property as grazing land for her horses and farm animals. There was a small graveyard on the property where her ancestors were allegedly […]

Other than using extreme diligence, there is no way to completely avoid identity theft. However, freezing your credit is a very good way to minimize it. To do this, you need to call or access online at least one of the major credit reporting agencies. A security freeze blocks most companies from accessing your credit […]

There are many types of “Plaintiff’s cases.” This article focuses on injury cases. Injury cases can be as simple as a car wreck or as complex as a medical malpractice case. Regardless, they generally require four essential elements: duty, breach of duty, causation, and damages. See Calhoun First Nat’l Bank v. Dickens, 264 Ga. 285 […]

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