If the value of the estate covers the deceased person’s debts, the beneficiaries or heirs will still receive some amount of inheritance and you don’t need to worry about lacking funds. However, if it looks as though there is not enough money in the estate to cover the debts, then it is important...
Who will inherit the property in mixed family situation? For example, who will inherit the property if the deceased does not have a will, had children from a first marriage, and, many years later, remarries and dies with minor children from the new relationship? Who are the heirs? When someone d...
As a personal representative, are you allowed to sell estate property on your own, or do you have to go to the court for permission first? This is an important question with a complicated answer. If you mess up, you could find yourself in hot water with the Georgia probate court. In this art...
Sometimes when a loved one has passed away, it is difficult for the family to start the process to properly handle the deceased’s final affairs. Some families will put off the probate of a loved one’s estate for many years and for many different reasons. So the question arises, is it ever too la...
What can you do when you are concerned that the Personal Representative may be mishandling the estate? How can you tell the difference between real danger and something else? In this article, we're going to give you some simple tips to help you better evaluate and handle these situatio...
Typically, if an estate owes you money, you are considered an estate creditor. There are different types of estate creditors. When and how an estate creditor is paid depends on which category they fit into. For example, many claims that are not secured by real estate or vehicles are considered to be...
What should you do when you receive a probate notice from the Probate Court? What happens if you do nothing? These are common questions we hear from heirs. We'll answer each one in turn in this article. My name is Erik Broel & I am the founder & CEO of Georgia Probate L...
Does being the Temporary Administrator of a probate estate give you more power to keep what you want from the estate? A Temporary Administrator is an unusual position under Georgia probate law, and the position is not used for many estates. It is most often used in an emergency situation where some...
What is an Acknowledgement of Service & Assent to Probate Instanter? Should you sign one? What happens if you do? These are common questions we hear in our office. We're going to answer them in this article. My name is Erik Broel & I am the founder & CEO of Georgia Probate...
If a child is an heir to a Georgia estate, it will make a large difference in how the estate is handled, and how complicated it is. Who is a minor? Before we jump into that, however, I think we should first define who is a minor under Georgia probate law, and when it matters. A minor is anyone w...
What is the difference between an executor, an administrator, and a personal representative? Probate law has many uncommon terms that are unique to this area of law. In this article, we're going to review three of the most common of these terms, define what they mean, and identify when...
Trustees owe a certain level of care and responsibility to trust beneficiaries. There are many different classifications of the type of “duty” that is owed to beneficiaries. Since discussing each of these in depth would take a lot more space than we have for today’s topic, I will some of the k...
