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 […]
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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 […]
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 […]
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 […]
Warren Buffett The following video clips are from Berkshire Hathaway Annual Meetings where Warren Buffett fielded questions regarding estate planning: 2013 Annual Meeting: 2023 Annual Meeting:
Sometimes you just have to say No “No” isn’t a four-letter word. Saying “no” isn’t necessarily bad and you shouldn’t feel bad when you say it. Part of saying no means taking a stand. It can mean standing up to injustice. For example, our legal system is, for the most part, dependent on people saying […]
Some people want to control others. This reminds me of the Bible story in Genesis 27 where Jacob stole Esau’s blessing. We’re not going to focus on Jacob. Instead, we’re looking at his mother, Rebekah. That’s why this is under the heading of control, not greed. Isaac and Rebekah were unhappy when Esau married two […]
Fear is a powerful motivator. The Bible tells us to fear not. Stonewall Jackson (and others) are attributed as having said “Never take counsel from your fear.” Nonetheless, people act based on fear. In 1 Kings 19, Elijah had executed all of the false profits leading Israel astray. King Ahab whined to his wife, Jezebel. […]
This is the first in a series of posts exploring why people do what they do. In this post, we’re discussing certainty. When I was a young lawyer, I worked on a corporate team where Fortune 500 companies paid tens of thousands of dollars for certainty. When they signed a contract, they wanted to know […]
In Milbourne v. Milbourne, 301 Ga. 111 (2017), The Georgia Supreme Court affirmed a Gwinnett Probate Court Order refusing to grant summary judgment on the issue of undue influence. Milbourne concerned a Will, allegedly procured through the undue influence of the Will-maker’s sister. The Will-maker was Edison Jamal Milbourne. He suffered a work related brain […]
Obviously, if you follow the law, get a license and have the event officiated, you’re married. See O.C.G.A. § 19-3-1 (Requiring parties able to contract, an actual contract and consummation according to law). And with marriage goes the benefits and liabilities. Although not a traditional case, Justice Kennedy concluded Obergfell v. Hodges with the following […]
The following is a mishmash of information on various Elder Law, Special Needs Law, and Estate Planning issues. It also includes anything else we found interesting during the month of June, 2023. We will continue updating from time to time throughout the month. Last updated 6/8/2023. Keep in mind, you are using linked content at […]
The Will must be signed by the testator Under O.C.G.A. § 53-4-20, the testator (who must be at least 14 years old) must sign his or her will. The signature can be a sign, mark, or any name that is intended to authenticate the document as the testator’s will. If the testator is physically unable […]
What is a Will? A Will, also known as a Last Will and Testament, is a document stating how your probate estate is distributed after you die. It has no legal effect until it is probated. In Georgia, Wills are probated in the Probate Court for the county where the decedent resided. What is a […]
Assets are things you own that have value. Assets include all income and all resources. 42 U.S.C. § 1396p(h)(1). They are one-half of a net-worth calculation (the other half being liabilities). Medicaid treats different types of assets differently, with some being countable and others being non-countable (or exempt) during the eligibility determination. Recall that you […]
The dictionary definition of “signature” is “a person’s name written in a distinctive way as a form of identification in authorizing a check or document or concluding a letter.” There are no grades for penmanship when signing legal documents. Your signature is your mark, which is exactly how Georgia law defines it: “Signature” or “subscription” […]
(Last Updated: 9/6/2022) We’ve found the Georgia legal forms linked below from various sources. By linking them here, we are not suggesting that you DIY your legal work. If you care about something enough to protect it, hire a lawyer who knows how to do it right. Abraham Lincoln is one of the individuals credited […]
In Slosberg v. Giller (Georgia Supreme Court 6/30/2022), the Court reversed a Court of Appeals decision we previously reported. David Slosberg created an irrevocable trust in January 2014. After David died, Plaintiff filed a lawsuit alleging, among other things, that Defendants unduly influenced David to create the trust that contained the in terrorem clause, and […]
We regularly post links to news articles and other resources related to Elder Law and Special Needs Law. We focus on general news, health and healthcare news, special needs news, events, government sources, financial and retirement news and legal news. Some cited resources are for professionals, but most are news or other helpful articles we […]
We regularly post links to news articles and other resources that might be of interest to our viewers. We focus on general news, health and healthcare news, special needs news, events, government sources, financial and retirement news and legal news. Only headlines are listed so you can use this page like a newspaper, reading only […]
March is Developmental Disability Awareness Month. March is also National Kidney Month. We regularly post links to news articles and other resources that might be of interest to our viewers. We focus on general news, health and healthcare news, special needs news, events, government sources, financial and retirement news and legal news. Only headlines are […]
Although we do NOT recommend that you prepare your own Will, an example of a form published by the Southern Judicial Circuit is below: Abraham Lincoln is one of the individuals credited for the saying “A Man Who Is His Own Lawyer Has a Fool for a Client.” USE THIS FORM AT YOUR OWN RISK. See our […]
On March 4, 2022, the Georgia Court of Appeals decided In re Estate of Elinor J. Ferrell (A21A1361). There, Alvin Ferrell filed a Petition to Probate his mother’s Will. His siblings filed a caveat (an objection) contesting the Will. The Caveators contested probate of the will asserting that (1) the Decedent was “not of the […]
We regularly post links to news articles and other resources that might be of interest to our viewers. We focus on general news, health and healthcare news, special needs news, events, government sources, financial and retirement news and legal news. Only headlines are listed so you can use this page like a newspaper, reading only […]
In In re Estate of Tom Cone, Jr., filed February 28, 2022, the Tennessee Court of Appeals affirmed the Probate Court’s decision that a testamentary gift was adeemed by extinction. Tom Cone, Jr., died on November 6, 2015. In his Will, he left his interest in a corporation, Cone Solvents, to his sister, Susan Ligon. […]
On February 24, 2022, the Georgia Court of Appeals decided In re Estate of Plybon (Appeal No. A21A1740, 2/24/2022). There, executrix Dorothy Johnson appealed from a Douglas County Probate Court order which construed the meaning of a 2013 Superior Court consent order in the context of a Petition for accounting and Final Settlement of Accounts. […]
February is American Heart Month! Read President Biden’s Proclamation on American Healrth Month 2022 We regularly post links to news articles and other resources we believe might be of interest to our viewers. We focus on general news, health and healthcare news, special needs news, events, government sources, financial and retirement news and legal news. […]
Poor estate planning (or no planning) can result in unexpected and unintended results. All States have a law similar to O.C.G.A. § 53-2-1(c), idenitfying your heirs when you don’t have a Will, or if your Will doesn’t cover all of your property. Section 53-2-1(c) provides: (c) Except as provided in subsection (d) of this Code section, […]
In In Re Estate of McClendon, 359 Ga. App. 259 (2021), decedent David McLendon’s Will was offered for probate by his widow and brother. McLendon’s children filed a caveat claiming the Will was invalid because it was not executed in accordance with the required formalities. After the Probate Court admitted the Will for probate, McLendon’s […]
In Georgia, the original Will must be offered for probate if it is available. If the original Will is lost, Section 53-4-46 creates a presumption that the Will was revoked due to its destruction, but that presumption may be overcome by a preponderance of the evidence. Section 53-4-46(b) provides: A copy of a will may […]
NOTE: If you have a Georgia corporation or limited liability company, your annual return is due by April 1, 2022. General News Sources: Dog Aging Project is looking for more participants National Black (African American) History Month: February 2022 (Census) Tricare coverage and Medicare explained Growing elder populations require more services, awareness NAIC Comments on […]
In Estate of Jeffcoat, 361 Ga. App. 828 (2021), Eleisha Pate filed a Petition to Probate the Will of Rhonda Jeffcoat, her mother. Pate was the named Executor. However, evidence in the Probate Court showed that Pate and her half-sister, Shauna Jeffcoat, could not get along. As a result, the Probate Court found Pate was […]
In Wilbur v. Floyd, 353 Ga. App. 864 (2020), Jeffrey Wilbur, on behalf of himself and as the executor of Gwen Wilbur’s estate, appealed summary judgment in favor of his sister, Patricia Floyd. Wilbur argued the trial court (1) erred in concluding that (a) the mother’s will was not valid because the attestation page was […]
Sometimes the original executor can no longer serve. The following form may be used to petition the Probate Court for appointment of a successor executor. Source: Cobb County Probate Court
If the person named as Executor in a Last Will and Testament does not wish to serve, most Probate Court require that he or she file a renunciation from executorship (if the named executor is deceased, file a copy of his or her death certificate). The following form is not an official form, but it […]
The following form may be used when seeking authority to open a safety deposit box after a decedent’s death to determine whether the Last Will and Testament is there. If the Will is located, the attached Order authorizes the Petitioner to deliver the Will to the Probate Court. Source: Cobb County Probate Court
When you file a Petition to Probate a Will or for Letters of Administration, you must give notice to the heirs-at-law. Sometimes it’s difficult to determine who is an heir-at-law. The following worksheet can be used when identifying them: Source: Cobb County Probate Court (This form is available on several Probate Court websites) See O.C.G.A. […]
In Georgia, a Will must be self-proved or the witnesses to the Will must either sign written witness interrogatories or provide testimony that they observed the Will’s execution and that requisite formalities were observed. What happens if the witnesses are deceased or cannot be located? The law allows (O.C.G.A. § 53-5-24) someone familiar with the […]
When you file a Petition to Probate a Will or a Petition for Letters of Administration in Georgia, you must give notice to all heirs-at-law. Why? Because those are the persons who have legal standing to file an objection (caveat) to the Will or file an objection to your Petition for Letters of Administration. What […]
