Medicaid is critical for individuals with special needs. It pays for things no one else will pay for and it has recently come under fire. The Arc is working to protect Medicaid for its constituents. It is activating advocates to protect services for the disability community. It is also seeking donations to further its efforts. […]
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Since 1980, Medicare pays after another responsible entity pays certain health care claims for Medicare beneficiaries. This is known as Medicare Secondary Payer (MSP). Although the issue arises in other contexts, for Elder Law Attorneys, it usually comes up when an injury claim or a worker’s compensation claim is resolved. For that reason, this post […]
If you follow Women’s College Basketball, then you must have heard of Pat Summitt. Coach Summit was a legend in NCAA women’s basketball prior to leaving the game due to early-onset Alzheimer’s disease. Now, there is a rumored new documentary on Netflix that recounts her journey from player to becoming a legend at the University […]
House Bill 1292 (HB 1292) now imposes new duties on Georgia Notaries effective January 1, 2025. The new law is designed to ensure that deeds, mortgages, liens, maps, plats and state executions are properly authenticated. O.C.G.A. Section 44-2-2 defines “self-filers” as any person who is not exempt. Exempt persons are insurance agents, attorneys, banks, lenders, […]
If you are looking for assistance understanding Elder Law, a Certified Elder Law Attorney can help. Before you can sit for the exam, which (last time we checked) has a forty percent pass rate, Certified Elder Law Attorneys (CELAs) must meet the following criteria: Licensed Attorney: You must be a licensed attorney and an active […]
Not everything goes through someone’s probate estate. That means not everything passes through your Will. If you care how your assets are distributed, then it’s important to coordinate how your probate and non-probate assets pass following your death. Property held as joint tenants with right of survivorship (JTWRS) does not pass through anyone’s Will until […]
Georgia law defines a Will as “the legal declaration of an individual’s testamentary intention regarding that individual’s property or other matters. Will includes the will and all codicils to the will.” O.C.G.A. § 53-1-2(17). A Codicil is “an amendment to or republication of a will.” O.C.G.A. § 53-1-2(4). No particular form is necessary to constitute […]
One question we frequently get is what happens to a home mortgage after my relative (usually mom or dad) dies? The Garn-St. Germain Depository Institutions Act of 1982 addresses so-called due on sale clauses. Specifically, at 12 U.S.C. § 1701j–3(d), the Act provides: With respect to a real property loan secured by a lien on […]
