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 If the original Will is lost, Section 53-4-46 creates a presumption that the Will was revoked due to its destruction, but that presumption may be overcome by a preponderance of the evidence.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 […]
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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 […]
Tennessee recently enacted 2021 Tenn. Pub. Acts. 420 (shown below) in an attempt to help Tennessee become a top trust jurisdiction. Among other changes to the trust code, this new law decreases the statute of limitations for creditors filing claims against the trust from two years to 18 months. Articles and Pages: Tennessee Trust Bill […]
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A recent Forbes article by Matthew Erskine, 2022 Transfer Tax Update, suggests that now is the time to make gifts if you’re concerned that you might have a taxable estate. Since no one knows that Congress will do with the estate tax and gift tax, some advisors assume the Trump-era transfer tax cuts will remain […]
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
