The Arc of the United States recently posted new videos providing an Overview of Special Needs Trusts and ABLE accounts. English versions of these videos are available on YouTube and are linked below for your convenience. Spanish versions are available at the YouTube link below. Find other Arc Videos here

Registration is open for the 2021 National Conference on Special Needs Planning and Special Needs Trusts, October 13-15, 2021. It will be held at Vinoy Renaissance Resort & Golf Club in St. Petersburg, Florida and virtually online. Always popular, a representative from CMS will join to discuss recent events. This year, Gene Coffey will describe […]

We don’t always give a shout out for symposiums sponsored by others, but we’ll make an exception here. The 2022 Special Needs Planning Symposium looks like an all-star cast for anyone on the west coast who works with special needs individuals (especially if you can’t make it to Stetson). Two sessions look especially interesting: (1) […]

elder law resources

In 2021, the life-time estate and gift tax exemption is $11.7 million per donee (dead person or giftor). The exemption is scheduled to roll back to pre-2018 levels in 2026 unless extended by Congress. IRS Notice IR-2019-189 accompanied final regulations known as Anti-Claw Back regulations. These regulations essentially state that if you make a gift […]

The Rule Against Perpetuities routinely stumps law students and lawyers, and can turn home-made documents into disasters. A deed, trust Will, or other document that violates the Rule Against Perpetuities may be invalid in part or in whole, causing anticipated distributions to be uncertain or preventing them from happening at all.  See Wikipedia: Rule Against […]

Trustee had discretion to assess defense costs to wayward son (Ga. App.) ———————————— Howard McPherson established an irrevocable trust in 1990. At the time, he had four children, Scott, Lisa, Robin, and Eric. An additional son was born to Howard’s second wife after the trust was established. The trust gave the trustee discretion to provide […]

On July 29, 2016, the Elder Law Practice of David L. McGuffey hosted a Special Needs Roundtable in Dalton, Georgia. Our Key Note speaker was Hal Wright, author of the Complete Guide to Creating a Special Needs Life Plan: A Comprehensive Approach Integrating Life, Resource, Financial, and Legal Planning to Ensure a Brighter Future. The […]

Georgia State Medicaid Plan

In Giller v. Slosberg, an elderly father revoked an existing power of attorney, executed a new power of attorney, and made changes to certain financial accounts relating to his estate-planning strategy. Giller and Seidner (sisters) appealed a judment following a jury verdict in favor of their brother, Slosberg. Slosberg believed his sisters exerted undue influence […]

Trust Company Bank was named trustee of a trust created by Nancy Cooper in 1968. The trust provided that the settlor had no right to alter, amend, or revoke the trust. Nonetheless, she attempted to revoke the trust in 1985. The bank filed a declaratory judgment action because it believed the trust was irrevocable. Cooper […]

In 1977, Collins took a judgment against Hunt for $300,000. Collins then sought to enforce the judgment against a Louisiana trust created in 1941; Henderson was the trustee and Hunt was a beneficiary. Both Hunt and Henderson took the position that the trust was not subject to the judgment. The trial court disagreed and ordered […]

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