Elder Law

Handwriting Expert’s Testimony Supported Forgery Claim Regarding Life Insurance ProceedsHandwriting Expert’s Testimony Supported Forgery Claim Regarding Life Insurance Proceeds

Handwriting Expert’s Testimony Supported Forgery Claim Regarding Life Insurance Proceeds

In Estate of Hargett v. Brown (Tenn. App. 6/9/2023), the Decedent, Willie Hargett, had separated from his wife, Robbie Hargett.…

2 years ago
Leqembi Approved by FDALeqembi Approved by FDA

Leqembi Approved by FDA

The FDA has approved Leqembi (Lecanemab) for patients with mild dementia and other symptoms caused by early Alzheimer's disease. Approval…

2 years ago

IRS says “Wait a Minute” on Stepping-up Basis for Assets in Irrevocable Trust

Until recently, the IRS has said little (if anything) regarding whether assets the beneficiary of an irrevocable trust receives get…

2 years ago
Opting Out of Arbitration AgreementsOpting Out of Arbitration Agreements

Opting Out of Arbitration Agreements

Ideally, health care providers do the right thing. Good Care is provided. There is no negligence. But what if they…

2 years ago
Relationships and Information OverloadRelationships and Information Overload

Relationships and Information Overload

Here are a few stats: The average shopper sees 4,000 ads in a day. The average person is interrupted once…

2 years ago
Family Acrimony Deemed Sufficient to Disregard Nomination of GuardianFamily Acrimony Deemed Sufficient to Disregard Nomination of Guardian

Family Acrimony Deemed Sufficient to Disregard Nomination of Guardian

In In re Wheeler (Ga. Ct. App. 6/6/2023), the Court of Appeals upheld the Probate Court's decision that (1) there…

2 years ago
State May Recoup Medicaid Benefits Incorrectly PaidState May Recoup Medicaid Benefits Incorrectly Paid

State May Recoup Medicaid Benefits Incorrectly Paid

In PR v. Division of Medical Assistance and Health Services (NJ. App. Div. 6/8/2023), the State was authorized to recover…

2 years ago
Administrative decisions and collateral estoppelAdministrative decisions and collateral estoppel

Administrative decisions and collateral estoppel

The collateral estoppel (issue preclusion) rule is part of the finality doctrine along with Res Judicata (claim preclusion). It general…

2 years ago
Settlement of Probate Dispute Enforced As WrittenSettlement of Probate Dispute Enforced As Written

Settlement of Probate Dispute Enforced As Written

On June 12, 2023, the Tennessee Court of Appeals (Knoxville) upheld a settlement agreement requiring the recipient of funds in…

2 years ago

What is Undue Influence?

In Milbourne v. Milbourne, 301 Ga. 111 (2017), The Georgia Supreme Court affirmed a Gwinnett Probate Court Order refusing to…

2 years ago