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 […]
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Not everything goes through someone’s probate estate. That means not everything passes through your Will. If you care how your assets are distributed, then it’s important to coordinate how your probate and non-probate assets pass following your death. Property held as joint tenants with right of survivorship (JTWRS) does not pass through anyone’s Will until […]
Georgia law defines a Will as “the legal declaration of an individual’s testamentary intention regarding that individual’s property or other matters. Will includes the will and all codicils to the will.” O.C.G.A. § 53-1-2(17). A Codicil is “an amendment to or republication of a will.” O.C.G.A. § 53-1-2(4). No particular form is necessary to constitute […]
Many people think that estate planning is just having documents prepared. They have a lawyer prepare a Will, get it signed and they’re done. As Lee Corso says on Game Day, “Not so fast!” The hardest part of stepping into someone else’s shoes, whether its as an agent under a power of attorney, or as […]
In Chambers v. Edwards, 365 Ga. App. 482 (2022), William Chambers sued his sister, Kathy Edwards, alleging tortious interference with inheritance. The trial court granted Edwards’ motion to dismiss (converted to a motion for summary judgment when evidence not in the pleadings was considered). The parties’ father died in 2011, leaving everything to their mother. […]
Everyone should have a Will. If you don’t have a Will then your stuff might go to someone you don’t like when you die. Or it might go to a laughing heir. But if you don’t have your own Will prepared, then the State has a Will for you (and you might not like it). […]
The amounts below are the estate tax exclusion amounts as provided by the IRS. Unless Congress takes action, in 2026, the exclusion amount will revert to the pre-2018 level ($5,490,000, adjusted for inflation) per deceased person. You can, however, use your exemption now. On November 26, 2019, the IRS clarified that individuals taking advantage of […]
Medicaid’s “Any Circumstance” Test for Trusts In case you missed the memo, Medicaid doesn’t like trusts. The rules relating to trusts you create with your money or property are found at 42 U.S.C. § 1396p(d). To put this discussion in context, we’ll begin with the sections relevant to the “any circumstances” test, but the full […]
In Creamer v. Manley, decided March 14, 2024, the Court of Appeals affirmed summary judgment upholding the validity of a Will. In summary, Willifred Thompson executed a Will leaving substantially all of her estate to Mable Manley, her caregiver. Two second cousins, Barbara Creamer and Gordon Lowe, filed a caveat alleging that Thompson lacked testamentary […]
What Constitutes a Valid Will? In Michigan, a jury found that a handwritten document by Aretha Franklin, found in her couch, was a valid Will. Apparently, a notebook containing documents with scribbles and hard-to-read passages emerged in 2019 after a niece scoured the home for records. It was signed by Aretha Franklin with a smiley […]
