How the Phrase “Other Obligations” Made Special Needs Trust Invalid Christopher W. G was denied Supplemental Security Income when his conservator initially filed an application on January 25, 2022. Reconsideration was denied on August 17, 2022. The conservator requested a hearing which was conducted on June 6, 2023. After the hearing, “the ALJ issued an […]
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Can I help my parent create a Will? The answer is yes and no. Yes, you can help to the extent your help is requested. No, you cannot substitute your desires and goals for those of the person executing the Will. You cannot execute a Will for someone else. However, you can assist your parent […]
The ultimate test in determining who should be appointed as guardian is “who will best serve the interest of the adult.” There is, however, a priority list. Certain persons, if they seek to be appointed, may only be disregarding “upon good cause shown.” Since most guardianship hearings are audio recorded, caseful counsel will want to […]
There are times, especially when probating older Wills, when you need signatures from the subscribing witnesses, but you can’t find them. Maybe they’ve died or they moved away. Maybe the signatures were illegible, and you don’t have good contact information. In cases like this O.C.G.A. § 53-5-24 provides for a workaround. Specifically, it provides: When […]
In In Re Estate of Henry, 366 Ga. App. 638 (2023), Charles Henry executed a new Will in 2017, revoking his Will from 2007. Charles had divorced his previous wife, leaving substantially all of his estate to his two children, Tenika and LaRon. In 2011, Charles married Shirley. An antenuptial agreement was executed, although the […]
We previously reported on In re Estate of Curvan, 362 Ga. App. 665 (2022). This case made its way back to the Court of Appeals in 2025 in a pro se appeal. The first lesson from this case is “hire a lawyer” before filing an appeal. No transcript was submited and the appellant failed to […]
In In Re Estate of Kurtzman, 366 Ga. App. 725 (2023), Bette Kurtzman, 85 years old, had dementia and was residing in an assisted living facility. In December of 2020, Kurtzman’s daughter, Amy, and brother, Myron, filed a Petition for Guardianship and Conservatorship. Bette Kurtzman objected to the petition, alleging she had nominated her son, […]
Video Wills You might wonder whether you can make a video recording of yourself stating who gets your stuff and use the video as your Will. Well, as Jesse Beck’s family found out, that probably doesn’t work. At least not yet. In Estate of Beck, 557 P.3d 1255 (Mont. 2024), Jesse made a recording on […]
In Georgia, an individual has legal capacity to make a Will “when the testator has a decided and rational desire as to the disposition of property.” O.C.G.A. § 53-4-11(a). Georgia also recognizes that capacity is fluid and the testator may be able to make a Will even when he or she is unable to enter […]
