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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 probate l...

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.  The...

probate real estate

What happens when the deceased was a resident of one state and owned real estate in another state? How do the probate courts handle this situation? When this type of issue occurs, you will usually have to open probate in both states. The reason for this is that there is no probate court with juri...

Does an executor have to show accounting to beneficiaries

Once probate has begun, it is natural for beneficiaries to want to know what is in the estate. But, does an executor have to show an accounting of assets and expenses to the beneficiaries? What can you do if the executor refuses? These situations can be very frustrating and often lead to su...

probate required to receive an inheritance

Wills and trusts are two different ways someone can receive an inheritance. These can be used independently or together. What does Georgia probate law say when the deceased leaves both a will and a trust? Is probate required to receive an inheritance? When a trust is created and funded properly,...

Does the executor have to show you the will

After a loved one passes away, it is common for close family members to want to see a copy of the will. Unfortunately, sometimes the executor may refuse to provide it. That can feel very frustrating. You may want to know what your loved one's wishes are, and you may want to verify that the ...

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 will, o...

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 how...

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....

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