Finding the Law

Last Updated 11/21/2023

Federal Law
Federal Regulations
U.S. Supreme Court
U.S. Courts of Appeal
U.S. District Courts
Other Federal Courts
Federal Agencies, Departments & Offices
General Resources
Alabama (Eleventh Circuit)
Alaska (Ninth Circuit)
Arizona (Ninth Circuit)
Arkansas (Eighth Circuit)
California (Ninth Circuit)
Colorado (Tenth Circuit)
Connecticut (Second Circuit)
Delaware (Third Circuit)
Florida (Eleventh Circuit)
Georgia (Eleventh Circuit)
Hawaii (Ninth Circuit)
Idaho (Ninth Circuit)
Illinois (Seventh Circuit)
Indiana (Seventh Circuit)
Iowa (Eighth Circuit)
Kansas (Tenth Circuit)
Kentucky (Sixth Circuit)
Louisiana (Fifth Circuit)
Maine (First Circuit)
Maryland (Fourth Circuit)
Massachusetts (First Circuit)
Michigan (Sixth Circuit)
Minnesota (Eighth Circuit)
Mississippi (Fifth Circuit)
Missouri (Eighth Circuit)
Montana (Ninth Circuit)
Nebraska (Eighth Circuit)
Nevada (Ninth Circuit)
New Hampshire (First Circuit)
New Jersey (Third Circuit)
New Mexico (Tenth Circuit)
New York (Second Circuit)
North Carolina (Fourth Circuit)
North Dakota (Eighth Circuit)
Ohio (Sixth Circuit)
Oklahoma (Tenth Circuit)
Oregon (Ninth Circuit)
Pennsylvania (Third Circuit)
Rhode Island (First Circuit)
South Carolina (Fourth Circuit)
South Dakota (Eighth Circuit)
Tennessee (Sixth Circuit)
Texas (Fifth Circuit)
Utah (Tenth Circuit)
Vermont (Second Circuit)
Virginia (Fourth Circuit)
Washington (Ninth Circuit)
West Virginia (Fourth Circuit)
Wisconsin (Seventh Circuit)
Wyoming (Tenth Circuit)
District of Columbia (DC Circuit)
Guam (Ninth Circuit)
Puerto Rico (First Circuit)
U.S. Virgin Islands (Third Circuit)

 

Resources:

BLOG POSTS

Guardianship Evaluation is Admissible Regardless of Stipulation

Guardianship Evaluation In most cases I’ve been involved in, the evaluator’s report is stipulated into evidence or the evaluator is called as a witness. The reason is that the report cannot be cross-examined so the thought was that it’s subject to a hearsay objection. A recent case taught me otherwise (at least in Georgia). In […]

Georgia Court of Appeals Revisits the Preponderance-of-the-Evidence Standard

In White v. Stanley (Georgia Ct. App. 10/3/2023), Rhonda White appealed a jury verdict  in favor of the defendants relating to a motor vehicle collision. White argued that the trial court gave an improper jury instruction regarding the Preponderance-of-the-Evidence Standard. The trial court instructed the jury using the existing pattern jury instructions. However, the law […]

Contacting Insurance Companies after a Policy Holder’s Death

After a policy holder dies, it is important to contact insurance companies to see whether a claim should be paid. Types of claims can include: Life insurance payout Refund of unused premiums Indemnities Typically assets with a beneficiary designation are not probate assets and should be paid to the person named as beneficiary. In some […]

Assisted Living Facility Not Entitled to Summary Judgment Where Cognitively Impaired Resident Filmed Nude

In Jones v. Life Care Centers of America (Tenn .Ct. Appeals 2023), a cognitively impaired resident was assisted in the shower by staff. While doing so, the employee took a call from her incarcerated boyfriend which showed the resident’s nude body. The assisted living facility moved for summary judgment after alleging the resident showed no […]

elder law resources - ABLE Accounts

Handwriting Expert’s Testimony Supported Forgery Claim Regarding Life Insurance Proceeds

In Estate of Hargett v. Brown (Tenn. App. 6/9/2023), the Decedent, Willie Hargett, had separated from his wife, Robbie Hargett. Despite the separation, there was no divorce. After the separation, Mr. Brown entered into a relationship with Charlotte Brown. The Decedent had legal documents prepared after he was diagnosed with lung cancer. He sought to […]

elder law resources - ABLE Accounts

Setting Up a Tax Exempt Organization

There are several steps in setting up a tax exempt organization. We’re reviewing them here. However, this post is not designed to tell you anything other than the set-up process and it is not intended to be tax advice. CIRCULAR 230 NOTICE: To comply with the requirements imposed by the United States Treasury Department, any […]

elder law resources - ABLE Accounts

Opting Out of Arbitration Agreements

Ideally, health care providers do the right thing. Good Care is provided. There is no negligence. But what if they don’t do the right thing? What if they are negligent? Should you have the right to consider your options regarding how to hold them accountable? Over the past two decades, many long-term care providers, especially […]

elder law resources - ABLE Accounts

State May Recoup Medicaid Benefits Incorrectly Paid

In PR v. Division of Medical Assistance and Health Services (NJ. App. Div. 6/8/2023), the State was authorized to recover Medicaid benefits incorrectly paid. It was not, however, authorized to play fast and loose by withdrawing a waiver of a portion of its claim as part of the Commissioner’s review. Peter and Uma, an unmarried […]

elder law resources - ABLE Accounts

Administrative decisions and collateral estoppel

The collateral estoppel (issue preclusion) rule is part of the finality doctrine along with Res Judicata (claim preclusion). It general prevents a party from re-litigating the same issue in a second court. In other words, you don’t get a second bite at the apple in another court simply because you were dissatisfied with the result […]

elder law resources - ABLE Accounts

Settlement of Probate Dispute Enforced As Written

On June 12, 2023, the Tennessee Court of Appeals (Knoxville) upheld a settlement agreement requiring the recipient of funds in an investment account to pay his share of capital gains taxes. The case, In re Hunt, E2022-00649-COA-R3-CV, arose during the probate of Dr. Robert McPhail Hunt, Jr.’s estate. Hunt purportedly married Zulkifli Atim in Canada […]

Finding the Law

Start Here

Enter your name and email address to keep up with what’s new at EZ Elder Law!

  • This field is for validation purposes and should be left unchanged.