Trusts

McElrath v. Citizens & Southern Nat’l Bank, 229 Ga. 20 (1972)

A trust sought direction concerning whether it was required to pay for private school tuition. A grandfather established a trust for the support, maintenance and education of his minor grandchildren. Later, when his son divorced, the son asked the trust to pay his children’s tuition. The former wife responded on behalf of the children, contending the trust should not be diminished when the son had a legal obligation to pay support. The Supreme Court found otherwise. A support trust is available for support. Not only could it pay tuition, its existence is a factor that could be considered in reducing child support obligations. The court also found that the parent who had paid child support was entitled to reimbursement. The availability of the trust in McElrath, where public policy usually requires payment of child support, suggests that any support trust would be within a creditor’s reach.

Published by
David McGuffey

Recent Posts

CMS Announces Nursing Home Minimum Staffing Rule

On April 22, 2024, the Centers for Medicare and Medicaid Services announced a new final…

1 week ago

Dementia alone does not prevent someone from executing a valid Will

In Creamer v. Manley, decided March 14, 2024, the Court of Appeals affirmed summary judgment…

2 weeks ago

Caveator deprived herself of standing by withdrawing her challenge to Will

On February 21, 2024, the Georgia Court of Appeals decided the case of In Re…

2 weeks ago

Social Security Revises Policy on Recoverying Overpayments

The Social Security Administration pays various benefits including retirement benefits, disability benefits and Supplemental Security…

2 weeks ago

Updated Georgia Penalty Divisor Effective April 1, 2024

Effective April 1, 2024, the statewide averaged nursing facility private pay rate used in determining…

2 weeks ago