Elder Law

Reames v. Oklahoma ex rel. Okla Health Care Authority, 411 F.3d 1164 (10th Cir. 2005)

A 51 year old nursing home resident assigned her Social Security Disability check to a special needs trust. She then…

5 years ago

Bergman v. N.D. Department of Human Services (In re Estate of Bergman), 688 N.W. 2d 187 (N.D. 2004)

Carl Bergman had an annuity account which he transferred to his wife after he was admitted to a nursing home.…

5 years ago

State Dep’t of Human Res. v. Estate of Ullmer, 87 P.3d 1045 (Nev. 2004)

Prior to his death, Harold Ullmer was on Medicaid. At his death, Harold and his wife, Agnes, owned their home…

5 years ago

Hines v. Dep’t of Pub. Aid, 221 Ill. 2d 222 (Ill. 2006)

Beverly Tutinas's husband, Julian, was on Medicaid, but she was not. When Beverly died owning a home valued at $69,641.89…

5 years ago

Stafford v. Idaho Dep’s of Health & Welfare (In re Stafford), 181 P.3d 456 (Id 2008)

Seeking to increase the Community Spouse Resource Allowance (CSRA), the Staffords conveyed their home to a trust. After Mr. Stafford…

5 years ago

James v. Richman, 465 F. Supp. 2d 395 (M.D. Pa. 2006)

Robert and Josephine James were married when Robert went to the nursing home. A resource assessment was done and Medicaid…

5 years ago

O.C.G.A. § 53-1-20. Renouncing property; procedures; relation back; abridgement; fiduciary duties

(a) For purposes of this Code section, the term "property" includes any interest in property and any power over or…

5 years ago

O.C.G.A. § 53-1-5. Right of individual who feloniously and intentionally kills or conspires to kill to inherit

(a) An individual who feloniously and intentionally kills or conspires to kill or procures the killing of another individual forfeits…

5 years ago

Lifetime transfers and Satisfactions

O.C.G.A. § 53-1-10. Lifetime transfers (a) A lifetime transfer to a beneficiary of property that is the subject of a…

5 years ago

O.C.G.A. § 53-7-5. Powers, duties, and liabilities if more than one personal representative; safe deposit boxes or receptacles

(a) If more than one personal representative is qualified and unless the will provides otherwise: (1) The personal representatives must…

5 years ago