real estate

Real property is often an issue in a probate estate, and it can be titled in various ways. How real estate is titled can greatly affect the way it is transferred after a person’s passing. For example, if there is only one owner the property will transfer to whoever is designated in the wil...

How long can an executor take to settle an estate

[youtube https:// Waiting on an estate to settle can sometimes require a lot of patience.  But what do you do when you feel like the executor is intentionally drawing out the process, or just not handling the estate business in a timely fashion? Some delays in an estate are to be expected, but h...

heir dies while an estate is still in probate

When someone who is an heir or a beneficiary of an estate dies while that estate is still pending, Georgia probate law says that the property that was supposed to go to that person will be inherited that person’s estate instead. For example, let’s assume your spouse’s parent passes away first....

What are the powers of the executor of a will

What are the powers of the executor of a will? This is a common question we get asked at our office. The default rule in Georgia is that the executor or administrator will have limited powers. However, when an executor or administrator has been granted expanded probate powers by...

estate challenges

When a loved one passes away, estate challenges can happen very quickly. What can you do about it? It is not uncommon for one or more family members to attempt to take over the estate, and gain a larger share of the deceased’s property.   Many times, the best response is to become ...

What powers does an executor of an estate have

What powers does an executor of an estate have? Probate powers are one of the least understood but most important topics for an executor or administrator to understand. The reason for this is that the level of powers the administrator or executor has been granted by the probate court w...

What is probate inventory

What is a probate inventory? Once you become appointed as executor or administrator of an estate, you may be required to file an initial inventory and ongoing annual returns.  This is an area that trips up a lot of personal representatives, and I don’t want you to be one of them. In...

How does probate bond work

If you’re handling an estate, you may be required to obtain a bond before the probate court will allow you to serve as executor or administrator.  But, how does a probate bond work? At first, the idea of a bond may seem unusual or even scary.  In this article, we'll look at what a probate...

nonprobate assets

Identifying nonprobate assets can be a tricky issue that the executor or administrator must sort through.  The default rule in Georgia is that all assets are probate assets unless there is an exception.  As a result, the personal representative must understand what those exceptions a...

estate property

Many times, situations where you suspect that the person holding a power of attorney has acted improperly wind up being handled after a death has occurred. Many people are not aware of this, but the power of attorney terminates upon death. From that point forward, the only way to deal with the decea...

Hospital Bills Of a Spouse

What happens if you have a spouse that dies in the hospital? Does Georgia probate law say that you are responsible for the bills? This is a common question our office receives, and is often a concern on the minds of family members. The short answer is that, generally speaking, Georgia probate...

What assets go through probate

If you are an executor or administrator, getting clear on what assets go through probate is an important task because you have a responsibility to gather and protect all of the estate's assets.  If you are not clear on what those assets are, you will not know when you are doing your job well...

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