Elder Law

Danger of DIY Legal Work

Sometime people want to avoid the expense of paying an attorney and they try DIY (do it yourself) fixes. Recently…

12 months ago

Medicaid’s “any circumstance” test for trusts

Medicaid's "Any Circumstance" Test for Trusts In case you missed the memo, Medicaid doesn't like trusts. The rules relating to…

1 year ago

SNT Trustee Ordered to Reimburse Some Conservator Expenses

SNT Trustee Ordered to Reimburse Some Conservator Expenses In Weidner v. Stevenson (Cal. App. 2nd Dist. May 13, 2024), Roberta…

1 year ago

SNT Payback Provision Enforced

In Agency for Health Care Administration v. Spence (Fla. App. 3rd Dist May 22, 2024) the Court of Appeals reversed…

1 year ago

Claim that Trustee Breached Fiduciary Duty Backfires

When someone accepts the position of trustee, he (or she or it) must act for the benefit of the trust…

1 year ago

Long-Term Care Partnership Policies

Long-Term Care Partnership Policies One example of good planning is purchasing long-term care insurance. The greatest risk to non-taxable estates…

1 year ago

Superior Court Review of Georgia ALJ Decision

In ____ v. Brock, Judge Schwall, Fulton County Superior Court), affirmed an administrative law judge's Final Decision as supported by…

1 year ago

Elder Law Attorney disbarred

On May 14, 2024, the Georgia Supreme Court entered an Order in The Matter of James W. Davis, III, disbarring…

1 year ago

Transfer-on-Death Deeds in Georgia

During the 2024 legislative session, HB 1247 morphed into SB 420, which passed both houses and was signed by the…

1 year ago

Modifying a trust can be a taxable event

On November 28, 2023, the IRS Office of Chief Counsel published a memorandum addressing whether modification of an irrevocable grantor…

1 year ago