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In Bethune v. Bethune (Georgia Court of Appeals A21A1659, March 11, 2022), Donald Bethune was acting as agent for his 89-year-old mother under a power of attorney executed on November 14, 2019. Richard Bethune, Donald’s brother, filed an action seeking relief under the Georgia Power of Attorney Act, O.C.G.A. § 10-6B-1 et seq. On appeal, […]
In Cavanaugh v. Geballe (2nd. Cir. 3/17/2022), Cavanaugh, a Connecticut resident, was covered by an Affordable Care Act insurance policy. When his grandmother’s Will was administered, the Department asked the probate court to honor their lien on grandmother’s estate. The probate court held a hearing, after which it determined that fifty percent of Cavanaugh’s distributive […]
On March 15, 2022, the Georgia Court of Appeals decided Willis v. Cheeley (A21A1730). There, a contested probate proceeding boiled over into the Superior Court of Gwinnett County where Appellee Joseph E. Cheeley III secured a declaratory judgment against Appellant William Joseph Willis. The Court of Appeals held the declaratory judgment was improperly granted because […]
Although we do NOT recommend that you prepare your own Will, an example of a form published by the Southern Judicial Circuit is below: Abraham Lincoln is one of the individuals credited for the saying “A Man Who Is His Own Lawyer Has a Fool for a Client.” USE THIS FORM AT YOUR OWN RISK. See our […]
In Department of Human Services v. Hobart, the Oregon Court of Appeals ruled, on March 2, 2022, that Oregon’s Medicaid agency could pull a Medicaid recipient’s interest in a marital home back into her estate for purposes of estate recovery. The federal Medicaid law requires States to pursue estate recovery, but some States are more […]
On March 4, 2022, the Georgia Court of Appeals decided In re Estate of Elinor J. Ferrell (A21A1361). There, Alvin Ferrell filed a Petition to Probate his mother’s Will. His siblings filed a caveat (an objection) contesting the Will. The Caveators contested probate of the will asserting that (1) the Decedent was “not of the […]