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...

executor de son tort georgia

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 ...

Contest clause in a will

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....

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 ...

Does an executor have to show accounting to beneficiaries in georgia

  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 an...

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 prope...

do heirs have a right to see the will georgia

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 veri...

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...

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