In Welch v. Oaktree Health and Rehabilitation Center (2/28/2022), the Tennessee Court of Appeals reversed a trial court’s determination that an arbitration agreement could not be enforced. David Welch was a nursing home resident. Prioer to his death, he executed a power of attorney for health care, designating his brother, James Welch, as his health […]
In In re Estate of Tom Cone, Jr., filed February 28, 2022, the Tennessee Court of Appeals affirmed the Probate Court’s decision that a testamentary gift was adeemed by extinction. Tom Cone, Jr., died on November 6, 2015. In his Will, he left his interest in a corporation, Cone Solvents, to his sister, Susan Ligon. […]
In Geyen v. Commissioner of Minnesota Department of Human Services, 964 N.W.2d 639 (2021), Dorothy Geyen’s application for Medicaid was denied. In 2011, Geyen established two substantially identical irrevocable trusts. Each trust provided that the trustee could not make loans to Geyen and could not make gifts to her. Nonetheless, the Department took the position […]
In American National Life Insurance Company v. Breslouf (Mass. Super. 6/3/2021), a Community Spouse named Julius Breslouf purchased a Medicaid annuity as part of the plan to secure Medicaid eligibility for his wife. The annuity named the Commonwealth of Massachusetts as the remainder beneficiary, followed by his daughter, Jennifer Brouslouf. Mr. Breslouf died before the […]
On February 24, 2022, the Georgia Court of Appeals decided In re Estate of Plybon (Appeal No. A21A1740, 2/24/2022). There, executrix Dorothy Johnson appealed from a Douglas County Probate Court order which construed the meaning of a 2013 Superior Court consent order in the context of a Petition for accounting and Final Settlement of Accounts. […]
February is American Heart Month! Read President Biden’s Proclamation on American Healrth Month 2022 We regularly post links to news articles and other resources we believe might be of interest to our viewers. We focus on general news, health and healthcare news, special needs news, events, government sources, financial and retirement news and legal news. […]
On February 11, 2022, the Georgia Court of Appeals affirmed Julia Bell’s conviction for elder exploitation. She was originally indicted 7 counts of elder exploitation; a jury found her guilty of four counts and not guilty of three counts. She appealed her conviction on the remaining accounts alleging, among other claims, that insufficient evidence supported […]
The Georgia Department of Community Health recently announced the 2022 Presumptive Eligibility Medical Assistance Federal Poverty Levels. These new income limits should be used for all PE determinations completed by Qualified Hospitals effective March 1, 2022. Both memos are below:
Poor estate planning (or no planning) can result in unexpected and unintended results. All States have a law similar to O.C.G.A. § 53-2-1(c), idenitfying your heirs when you don’t have a Will, or if your Will doesn’t cover all of your property. Section 53-2-1(c) provides: (c) Except as provided in subsection (d) of this Code section, […]
In In Re Estate of McClendon, 359 Ga. App. 259 (2021), decedent David McLendon’s Will was offered for probate by his widow and brother. McLendon’s children filed a caveat claiming the Will was invalid because it was not executed in accordance with the required formalities. After the Probate Court admitted the Will for probate, McLendon’s […]
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