Elder Law

What is the Rule Against Perpetuities?

The Rule Against Perpetuities routinely stumps law students and lawyers, and can turn home-made documents into disasters. A deed, trust…

5 years ago

Georgia Counties and Cities

Georgia Counties and Cities with links to Probate Court, Clerk of Superior Court, Legal Organ and other relevant information. General…

5 years ago

Testamentary capacity – Murchison v. Smith

Murchison v. Smith, 270 Ga. 169 (1998). Ms. Annie Bell Smith was diagnosed with terminal lung cancer in December 1994.…

5 years ago

Testamentary capacity – Estate of Diaz

In re Estate of Diaz, 271 Ga. 742 (1999). Leanora Diaz (Diaz) died on April 3, 1997. During the year…

5 years ago

Testamentary capacity – Ashford v. Van Horne

Ashford v. Van Horne, 276 Ga. 636 (2003). Dr. Alexander Ashford and his wife were estranged after marrying in 1968.…

5 years ago

Medicaid: A Joint Federal-State Program

In Wilder v. Virginia Hospital Assn., 496 U.S. 498 (1990), the Supreme Court stated: Medicaid is a cooperative federal-state program…

5 years ago

Medicaid: Standard of Review in Appellate Cases & Interpretation of Statutes, Regulations and Manuals

In Georgia Department of Community Health v. Medders, 292 Ga. App. 439, 2008 Ga. App. LEXIS 804 (2008) the Court…

5 years ago

Tenncare Estate Recovery, New Statute of Limitations

TCA 30-2-310 was amended effective April 7, 2021. Tennessee Code Annotated, Section 30-2-310, is amended by adding the following as…

5 years ago

World Elder Abuse Awareness Day

World Elder Abuse Awareness Day was officially June 15, 2021, but that doesn't mean we shouldn't be aware of it…

5 years ago

Caregiver child exception to penalty on transfer of the home

The general rule under 42 U.S. Code ยง 1396p(c)(1) is that any transfer for less than fair market value results…

5 years ago