What is a letter of testamentary

Letters testamentary are an important document in a probate case. But, what is a letter of testamentary? And what does a letter of testamentary do?  We're going to answer those questions and more in this article. My name is Erik Broel & I am the founder & CEO of Georgia Probat...

disinheritance

The easy answer to this question would be, yes – A natural born child can be disinherited. Anyone can draft a will leaving their estate to anyone they chose, even pets. However, when dealing with probating an estate the answer is usually never that simple. There are numerous fa...

What does a will do

What does a will do?  When a loved one passes away, the family will often search for a will.  When a will is found, there are often misconceptions about what the will can and can’t do. In this article, we're going to go over the key purposes of a will, so you’ll know what ...

What is probate estate

What is a probate estate?  Does every person who passes away have an estate, or do only those people who have a lot of property have an estate? We'll cover these questions and more in today's article. My name is Erik Broel & I am the founder & CEO of Georgia Probate Law...

estate

What happens when an executor does not probate a will for several years, won’t allow family members to see the will, or tell anyone about the value of the estate? Under Georgia law, any person in possession of an original will of a deceased person has an obligation to deliver th...

What is probate

What Is Probate?

 What is probate? After a loved one passes away, most people usually know they need to do something with probate.  But, what is probate and what does it do?  In this article, we'll go over some basics of probate so you’ll know what to expect. My name is Erik Broel & I a...

When someone passes away there are typically assets that need to be preserved and eventually transferred (including real estate). In order to officially act on behalf of an estate to transfer assets a person needs to be appointed by the appropriate probate court as either the executor (if there is a...

What to do if executor does not follow the will

  What Can You Do If An Executor Does Not Follow The Will? Sometimes you know the executor is not acting in the best interest of the estate. But you may not know what to do if the executor does not follow the will. That can feel very frustrating because you want to make ...

cannot find the will

Sometimes you may believe that your loved one left a will, but you cannot find the will. What do you do? First, have you checked the common locations where a will may be kept? A fire proof box in the home? File cabinets? Safe deposit box at the bank? Any other place where your loved one kept ...

No Contest Clause

What is a No Contest Clause? A no contest clause (also called an in terrorem clause) in a will is something to be taken seriously. A typical no contest clause will state that if the will is challenged, then the person bringing the challenge will be taken out of the will.  In th...

caveat

A caveat, in probate law terms, means to challenge the validity of a will. When someone files a petition to probate a will, that person is asking the probate court to confirm that the will presented to the court is in fact the last will and testament of the deceased. Under Georgia...

Breach of power of attorney

Breach Of Power Of Attorney In our office, we see situations where a person holding a power of attorney sometimes takes advantage of the situation. We call this a breach of power of attorney. A common scenario might look like this: a sibling has power of attorney over an aging parent....

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