Trusts

Trusts: Cases

Trustee had discretion to assess defense costs to wayward son (Ga. App.) ------------------------------------ Howard McPherson established an irrevocable trust in…

3 years ago

Special Needs Roundtable

On July 29, 2016, the Elder Law Practice of David L. McGuffey hosted a Special Needs Roundtable in Dalton, Georgia.…

3 years ago

In Terrorem Clause: Giller v. Slosberg (Ga. Ct. App. April 27, 2021)

In Giller v. Slosberg, an elderly father revoked an existing power of attorney, executed a new power of attorney, and…

3 years ago

Cooper v. Trust Company Bank, 257 Ga. 272 (1987)

Trust Company Bank was named trustee of a trust created by Nancy Cooper in 1968. The trust provided that the…

3 years ago

Henderson v. Collins, 245 Ga. 776 (1980)

In 1977, Collins took a judgment against Hunt for $300,000. Collins then sought to enforce the judgment against a Louisiana…

3 years ago

McElrath v. Citizens & Southern Nat’l Bank, 229 Ga. 20 (1972)

A trust sought direction concerning whether it was required to pay for private school tuition. A grandfather established a trust…

3 years ago

Great-West Life & Annuity Ins. Co. v. Knudson, 534 U.S. 204 (2002)

In Great-West Life & Annuity Ins. Co. v. Knudson, 534 U.S. 204 (2002), an ERISA plan bought an action to…

3 years ago

Sereboff v. Mid-Atlantic Medical Services, Inc., 547 U.S. 356 (2006)

In Sereboff v. Mid-Atlantic Medical Services, Inc., 547 U.S. 356 (2006), an ERISA Plan sued the plan beneficiaries when funds…

3 years ago

In re Valerie R. Pecce Supplemental Needs Trust, 19-P-591 (Mass Ct. App. 2021)

This case presents the question whether a trust created with reference to the Federal Medicaid statutes -- the Valerie R.…

3 years ago

Norwest Bank N.D. v. Doth, 159 F.3d 328 (8th Cir. 1998)

Sonya Lotzer and Bobbi Lerud were in separate collisions. After settling their negligence claims, they funded special needs trusts without…

3 years ago