executor of estate

If you are an heir or beneficiary of an estate, and believe the Executor is not fulfilling their responsibilities you may have a right to challenge their actions in probate court. An Executor owes certain duties to the estate. The main responsibilities of an Executor are to act i...

contesting a will in georgia

In today's article, we're going to discuss how to contest a will.  We'll also cover some of the key legal reasons to contest a will and how the caveat process works. So how do will contests work?  First, let’s cover terminology, when you file a legal objection to a w...

petition for discharge of personal representative

A petition for discharge of personal representative is something to take very seriously. This petition asks the court to release the personal representative of his or her duties to the estate. As a result, it can have serious consequences.  Most importantly, the personal representativ...

can you challenge a will

Can you contest a will?  This is a common question in our office.  We're going to talk about some important practical considerations to think about when you are deciding whether you should challenge a will or not.  We'll look at some common misconceptions about will contests ...

petition for administration

Who becomes the administrator? It happens all too often. A family member passes away and after the funeral, thoughts turn to probate and settling the estate. Someone takes charge and decides that they are the right person to be the administrator of the estate. What if you don’t agree? What if yo...

contesting a will

Contesting a Will

How does contesting a will work?  Should you challenge a will? Questions about contesting a will are very common in our office. We’re going to walk through some of the considerations that go into answering those difficult questions. The decision about whether to challenge a will is ...

executor living in estate

What does Georgia probate law have to say about an executor who lived with the deceased prior to death and continues to live in the estate home while administering the estate? What if the administration is delayed as a result? What can you do if you’re a beneficiary watching all of this happen and...

co executor not cooperating in georgia

In many instances, when two people are named co-executor of the estate and required to act together, the co executors disagree about how to manage the estate, and co-executor problems can arise. In some instances, what should be nothing more than simple disagreements turn ugly and one executor may g...

estate open after death

“How long do I have to open an estate after a loved one passes away?” We get asked this a lot at our office. This question can take different forms: “How long do I have to file the will for probate?” "How long do I have to get someone appointed to manage the estate?" "How l...

year's support in georgia

Year’s support in Georgia is a probate petition designed to make sure that a spouse or minor kids do not wind up on the street after the family’s primary breadwinner passes away. It is a very old law and harkens back to a time when the family was primarily supported by the husband, with the wife...

co-executor problems

[youtube https:// Co-executor not cooperating problems can happen when two people are supposed to manage an estate together, but are not working well together for one reason or another. Previously, we reviewed some co-executor basics. If you missed that article, you can read it here.https:...

will

Is a copy of a will valid? Can you file it for probate? It can be a complicated decision when deciding how to proceed with probating an estate, when you either only have a copy of a Will or you believe the copy (or original) Will you are in possession of is not the most recent. I want start off ...

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