estate beneficiary

In an estate, a beneficiary has certain rights. To understand them, we must first look a couple different categories of people involved in an estate. When a person passes away leaving a valid last will and testament there are two categories of people that are entitled to certain information about th...

can a parent leave a child out of a will in georgia

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 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...

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...

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...

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...

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...

what if heir dies

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....

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...

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