Under Georgia probate law, when a person has passed away, there are certain requirements that must be met to properly open an estate for the deceased. The first is to file a petition with the court that has true and correct information. There are several different types of petitions that can be fil...
Determining what assets are included in an estate after someone passes away, is a key issue. All property that the deceased owned must be put into one of two categories: it is either a probate asset or a nonprobate asset. The property is handled differently depending on which category tha...
The idea that a probate creditor could seek payment from family members is a common fear in probate situations. This is made even worse when a probate creditor pops up demanding payment after an estate has been closed and the funds distributed to the family. Who has to pay them? Fortunately, ...
“Can a will be contested?” This is a question we see a lot at our office. To answer the can a will be contested question, we're going to discuss 7 common scenarios where a will is challenged. If you find one or more of these situations apply in your case, a will contest may be a go...
If you are an heir or beneficiary of an estate, and believe the Executor is not fulfilling their responsibilities you may have a right to challenge their actions in probate court. An Executor owes certain duties to the estate. The main responsibilities of an Executor are to act i...
In today's article, we're going to discuss how to contest a will. We'll also cover some of the key legal reasons to contest a will and how the caveat process works. So how do will contests work? First, let’s cover terminology, when you file a legal objection to a w...
A petition for discharge of personal representative is something to take very seriously. This petition asks the court to release the personal representative of his or her duties to the estate. As a result, it can have serious consequences. Most importantly, the personal representativ...
Can you contest a will? This is a common question in our office. We're going to talk about some important practical considerations to think about when you are deciding whether you should challenge a will or not. We'll look at some common misconceptions about will contests ...
Who becomes the administrator? It happens all too often. A family member passes away and after the funeral, thoughts turn to probate and settling the estate. Someone takes charge and decides that they are the right person to be the administrator of the estate. What if you don’t agree? What if yo...
How does contesting a will work? Should you challenge a will? Questions about contesting a will are very common in our office. We’re going to walk through some of the considerations that go into answering those difficult questions. The decision about whether to challenge a will is ...
What does Georgia probate law have to say about an executor who lived with the deceased prior to death and continues to live in the estate home while administering the estate? What if the administration is delayed as a result? What can you do if you’re a beneficiary watching all of this happen and...
“How long does probate take in Georgia?” This is a common question we get asked every day at our office. On average, the time to settle an estate in Georgia is 12 to 18 months. This might surprise you. 12 to 18 months may seem like a long time. That’s why I want to walk you throu...
