Probate and Administration

Probate Court is required to grant Petition for Year’s Support unless a valid objection is filed

In Estate of Sanders, decided on April 8, 2025, Mollie Anne Sanders, surviving spouse of Tony Lee Sanders, filed a…

1 month ago

Unavailability of subscribing witnesses to a Will

There are times, especially when probating older Wills, when you need signatures from the subscribing witnesses, but you can't find…

3 months ago

Wrongful death case dismissed because wrong person filed complaint

In Garner v. Acadia Healthcare Company, Inc., 370 Ga. App. 146 (2023), Appellants alleged that William had been missing since…

4 months ago

Attorney’s fees can be awarded for frivolous claims and defenses in Probate Cases

The general rule is that "an award of attorney fees and expenses of litigation are not available to a prevailing…

4 months ago

Evidence of facts before and after execution of a Will are relevant when determining whether there was undue influence

In In Re Estate of Henry, 366 Ga. App. 638 (2023), Charles Henry executed a new Will in 2017, revoking…

4 months ago

Petitioner has burden of proof in showing the amount necessary for year’s support

In In re Dallas, 369 Ga. App. 553 (2023), the Probate Court denied a Petition for Year's Support. In Georgia,…

4 months ago

Sole Question on Petition to Probate Will in Solemn Form

We previously reported on In re Estate of Curvan, 362 Ga. App. 665 (2022). This case made its way back…

4 months ago

What is Clear and Convincing Evidence?

In many cases in involving the Probate Court, the moving party must present clear and convincing evidence to prevail. But…

4 months ago

Expert Testimony

As an initial proposition, all relevant evidence is admissible. See Federal Rules of Evidence, Rule 402. In 1993, the U.S.…

5 months ago

Are Video Wills Valid?

Video Wills You might wonder whether you can make a video recording of yourself stating who gets your stuff and…

7 months ago