Separation and divorce have, perhaps obviously, potentially adverse effects on estates and the probate process. Regardless of when it occurred. Both are fraught with emotions and complications that tend to linger for years. Along the line, promises are made, between the exes, with the children, som...

georgia denis leary snickers

This is a serious question that we get a lot: ‘when are estates closed?’ When is it finally done, wrapped up, no longer susceptible to challenges, no longer managing assets? A pretty important question, really, for trustees, beneficiaries, and interested parties on the outside looking in. Wh...

There is, according to the New York Times, a current epidemic of disinheriting across the U.S. It revolves around elder abuse, but not how you’d expect. Not physical abuse, but psychological. It’s been brought to the forefront by the Sumner Redstone case we’ve posted about on Facebook. Redst...

Aggressive Action Against a Silent Executor

What happens when an executor or administrator has gone silent and despite your best efforts will not communicate with you. You've called. You've sent letters. You even tried certified mail. And yet, you receive no response. You begin to get a little suspicious. Why would the executor or administra...

forged will

  There are many types of disputes that could erupt when settling an estate, and one common type of dispute is a will contest. A will contest happens when one party files a will for probate that another party does not agree with. There could be any number of reasons why someone believ...

Last will and testament

In part one of this series, we looked at the implications when the deceased leaves a last will and testament. In this second part, we will discuss the differences when there is no last will and testament. Without a Will When no will is left by the deceased, it will often require more coordination ...

what if heir will not sign form for probate

Today’s probate law question comes from Atlanta, Georgia. Under Georgia probate law, all heirs of the deceased are entitled to receive notice when the probate case is filed with the court. This is the case whether or not there is a will. Typically, the notice happens in one of two ways.First, t...

ownership

Today’s probate law question comes from Atlanta, Georgia. What happens when a business is started by a father and son, the father dies, but the business documents are not clear about whether the son owns any part of the business? To make things more complicated, the father has other children. Does...

Property

What happens when property is owned by two people and one of them dies?  Is the real estate inherited by the family? This is a common question about inheritance in Georgia. The answer depends on what the title to the property says. The relationship between the co-owners (whether married or not mar...

life insurance

I recently received a question from Marietta, Georgia regarding life insurance. In this situation, someone died and that person had named a beneficiary on their life insurance policy. Then, the beneficiary died before the proceeds of the insurance were paid to the beneficiary. What happens to the mo...

Power of Attorney in Georgia

Do you have a durable power of attorney in Georgia? If you answered “no”, then contact our office now.  Yes, now. So, why do I, a probate attorney, care if you have a durable power of attorney?  After all, a power of attorney has nothing to do with probate because it terminates upon death,...

negotiating medicaid estate

What to do when Medicaid is threatening a lien on property? What can Medicaid do? What can you do? What if the estate property is not worth enough to cover the lien? This week’s question for Georgia probate lawyer Erik Broel comes from Marietta, Georgia. First, some background. Medicaid is a st...

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