Estate Planning

Court Cannot Substitute its Judgment for SNT Trustee’s Judgment as long as the Trustee Act Within Proper LimitsCourt Cannot Substitute its Judgment for SNT Trustee’s Judgment as long as the Trustee Act Within Proper Limits

Court Cannot Substitute its Judgment for SNT Trustee’s Judgment as long as the Trustee Act Within Proper Limits

In McGee v. State Dep't of Health Care Servs., 2023 Ca. App. LEXIS 409 (Cal. Ct. App., 3d Dist. 5/24/2023),…

2 years ago
Transfer to Trust Subject to Medicaid Transfer PenaltyTransfer to Trust Subject to Medicaid Transfer Penalty

Transfer to Trust Subject to Medicaid Transfer Penalty

In Henderson v. Dept. of Health and Human Services (May 18, 2023), a Medicaid applicant transferred significant resources, including the…

2 years ago
State’s contigent interest in pooled trust sub-account ends when master trust retains funds, not when it uses themState’s contigent interest in pooled trust sub-account ends when master trust retains funds, not when it uses them

State’s contigent interest in pooled trust sub-account ends when master trust retains funds, not when it uses them

In the Matter of the Medical Assistance Pooled Special Needs Trust of Scott Hewitt (Iowa 2023), the State Medicaid agency…

2 years ago
IRS Notice 2023-30 – Safe Harbor Deed Language in Conservation EasementsIRS Notice 2023-30 – Safe Harbor Deed Language in Conservation Easements

IRS Notice 2023-30 – Safe Harbor Deed Language in Conservation Easements

IRS Notice 2023-30 set forth the safe harbor language for extinguishment and boundary line adjustment clauses required by y §…

2 years ago
Excel File Was Evidence of AdvancementExcel File Was Evidence of Advancement

Excel File Was Evidence of Advancement

Gregory Hall created a trust for his children. He also made gifts to his children prior to his death, including…

2 years ago
Are Pooled Special Needs Trusts Subject to SEC Regulation?Are Pooled Special Needs Trusts Subject to SEC Regulation?

Are Pooled Special Needs Trusts Subject to SEC Regulation?

On March 24, 2023, the United States District Court for the Middle District of Florida ruled in Securities and Exchange…

2 years ago
What’s Constitutes a Completed Gift? Walsh v. Bowen (Ga. App. 2023)What’s Constitutes a Completed Gift? Walsh v. Bowen (Ga. App. 2023)

What’s Constitutes a Completed Gift? Walsh v. Bowen (Ga. App. 2023)

In Walsh v. Bowen (Ga. App. 2023), the Court considered whether an inter vivos gift to a 529 account was…

2 years ago
Understanding Trusts: Keeping it EZUnderstanding Trusts: Keeping it EZ

Understanding Trusts: Keeping it EZ

An easy way to think about trusts is to consider the example of a delivery truck. A delivery truck driver…

2 years ago
Requirements for Execution of Will in GeorgiaRequirements for Execution of Will in Georgia

Requirements for Execution of Will in Georgia

The Will must be signed by the testator Under O.C.G.A. § 53-4-20, the testator (who must be at least 14…

2 years ago
Pooled Trusts Currently Authorized to Provide Trust Services in GeorgiaPooled Trusts Currently Authorized to Provide Trust Services in Georgia

Pooled Trusts Currently Authorized to Provide Trust Services in Georgia

As of this writing, the following pooled trusts are authorized by the Department of Community Health to provide trust services…

2 years ago