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In McAlister v. Clifton (Ga. 4/19/2022), the Georgia Supreme Court heard a case challenging the equitable caregiver statute, O.C.G.A. § 19-7-3.1. There, the trial court awarded Wendi Clifton, McAlister’s domestic partner, visitation rights to McAlister’s adopted daughter, Catherine. McAlister contended the equitable caregiver statute was unconstitutional facially and as applied to Clifton. McAlister also appealed […]

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. […]

“The construction of a contract is a question of law for the court.” O.C.G.A. § 13-2-1. The cardinal rule of construction is to ascertain the intention of the parties. If that intention is clear and it contravenes no rule of law and sufficient words are used to arrive at the intention, it shall be enforced […]

What is filial responsibility? (Wikpedia) Daughter not liable for unpaid nursing home bill (N.Y. Civ. Court) —————————— Hillside Manor Rehabilitation and Extended Care Center sued the daughter of a deceased nursing home resident to recover $6,830.40. The nursing home alleged fraud among other causes of action. Its sole witness was from its accounts receivable department. […]

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