[caption id="attachment_1544" align="alignright" width="357"]  [/caption] The OKC Thunder’s season isn’t over, it’s just moved to another court – Probate. Fresh off their almost historic playoff run – beating the historically good Spurs, taking the historically great Warriors to a sevent...

An Undue Influence estate case could easily be the next big FX show, picking up right where The People vs. OJ Simpson left off. Or, I can easily envision a weekly show – CSI-like – where a team of intrepid investigators are brought in by disinherited families to prove undue influence. The defin...

We deal with probating poorly written wills and trusts fairly often; we deal with disinherited heirs even more. It’s interesting, rewarding work, but it never occurred to us that it was interesting enough for a movie plot. Until someone reminded us of this: Ned Racine was a nice guy, very much la...

A Codicil Too Far

Paul Getty was not shy about letting the world know he was its richest man. He was also renown as a miser. In the Ebenezer Scrooge way. He reveled in the fact that the guest rooms in his English estate had payphones. When his grandson was kidnapped in Italy in the early 70’s Getty first refused to...

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...

Will contest

  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 believes a w...

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 ...

last will and testament

After the funeral for a loved one, thoughts often turn to settling the estate. One of the first questions that comes up is "is there a last will and testament?". The answer to this question will have a number of implications for how the estate is handled.When the deceased leaves a valid will, we re...

georgia estate

Many times, when a family starts the process of settling a Georgia estate, there is a lot of confusion about what needs to happen, when it needs to happen, and how it needs to happen.  One way we help our clients with these issues is by showing them a framework for breaking down the entire estate p...

estate is opened by a Georgia probate court

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, the...

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...

real estate

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 marr...

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