In The Matter of Jerry Boykin (Ga. S22Y0563 2/15/2022), attorney Jerry Bokin had been on disability status since 2018 and was not actively practicing. Nonetheless, in 2020, he filed a petition to probate a Will. After learning that a subsequent Will was filed appointing co-executors, Boykin tried to talk one of the co-executors into renouncing […]
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 If the original Will is lost, Section 53-4-46 creates a presumption that the Will was revoked due to its destruction, but that presumption may be overcome by a preponderance of the evidence.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 […]
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 […]
O.C.G.A. § 53-3-5 allows a surviving spouse or minor child to file a claim for Year’s Support. Although there are rarely objections, if someone contests the Petition, then the Petitioner must prove entitlement. Georgia appellate courts state the “intent [of year’s support] is to protect the family survivors from a reduction in their standard of […]
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 […]
Unless the applicable Probate Court requires a different form, the following form may be used when preparing an estate inventory (if one is required). Use additional sheets as necessary. The inventory must be delivered to estate beneficiaries if there is a Will and to heirs-at-law if the estate is being administered. In uncontested cases, if […]
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 […]
In Georgia, anyone in possession of an original Will after the Will-maker’s death, must file it with the appropriate Probate Court. HOWEVER, that does not mean you must file a Petition to Probate the Will. The following form may be used to file the Will for information purposes only. Source: Cobb County Probate Court (modified […]
In In Re Estate of Penland, 357 Ga. App. 369 (2020), the probate court found that James Ray and Eloise Hadaway violated an in terrorem clause in their mother’s Will when they failed to make certain specific distributions required under the Will and ruled they were disinherited under the Will. The Court of Appeals found […]
In In re Estate of Butler, 356 Ga. App. 287 (2020), Anita Butler filed a petition to probate her father’s Will. Other family members filed an objection and caveat. Ultimately the case was settled with Butler agreeing to offer her late father’s will in Vermont in order to transfer a parcel of real estate located […]
Appeal Route From Article 6 Probate Court In Spence v. Dep’t of Behavioral Health and Developmental Disabilities, 359 Ga. App. 603 (2021), Jermaine Spense was involuntarily committed as a hospital inpatient. Spence sought review after the Department sought an order of continued hospitalization of Spence pursuant to OCGA § 37-3-83. On April 18, 2019, the […]
In In re Estate of Brown, 357 Ga. App. 869, 850 S.E.2d 503 (2020), the Fulton County Probate Court appointed Ann Herrera as conservator for Leon Brown in 2011. After Brown died, Herrera filed a petition for letters of administration and Brown’s sister, Linda Glover, objected. Glover argued that Brown was a resident of Henry […]
By statute, Georgia law provides that “No common-law marriage shall be entered into in this state on or after January 1, 1997. Otherwise valid common-law marriages entered into prior to January 1, 1997, shall not be affected by this Code section and shall continue to be recognized in this state.” See O.C.G.A. § 19-3-1.1. Still, […]
In In re Estate of Cornett, 357 Ga. App. 310 (2020), Sarah Cornett was appointed successor Executor over the Will of her deceased husband, George Thomas Cornett, Jr. (“Tom”). Tom had five surviving adult children. Sarah appealed after she was removed as Executor and ordered to return certain estate assets and to pay certain funds […]
In In re Estate of Burkhalter, 354 Ga. App. 231 (2020), William Burkhalter was executor of the estate of Louise Ray Burkhalter. George Burkhalter and Nancy Ward, beneficiaries of Louise’s estate, filed a petition for declaratory judgment seeking an accounting. William took the position that George and Nancy had violated the Will’s in terrorem clause […]
In Georgia, a Conservator must file an annual return and a final return. The current form appears below. For the most part, this form requires a check-book type entry, listing all funds coming in and all funds going out. One mistake many conservators make which adds to the book-keeping burden is maintaining multiple accounts. Multiple […]
News Sources: Elder Law Attorney Daniel Tully has 9 questions you should ask before you or a loved one goes into a nursing home Elder Law Attorney Janet Colliton answers “Where is home when you have more than one?” Social Security proposal would raise revenue and temporarily enhance benefits Nursing homes can now lift most […]
Robert C. Port is a business litigation attorney practicing with Gaslowitz Frankel, LLC. He is author of Georgia Business Litigation and has a blog covering diverse subjects such as “Why You Shouldn’t Wait Until the Divorce is Finalized to Update Your Estate Plan,” “Investing 101: Things to Consider and Questions to Ask,” and “How Long […]
Former OCGA § 24-3-18 (now § 24-4-826) provides a hearsay exception for medical reports in civil cases without requiring the doctor to testify at trial. Bell v. Austin, 278 Ga. 844, 845 (1) (a) (607 SE2d 569) (2005). See Owensby v. Williams, 355 Ga. App. 695 (2020) (Stating in footnote 2 that former OCGA § […]
After a loved one dies, it is sometimes necessary to open an estate to access accounts or other property owned by the deceased individual. If so, the first step is to determine whether the deceased person had a Will. Although Georgia does not require that you hire a lawyer to represent you, we strongly advise […]
Murchison v. Smith, 270 Ga. 169 (1998). Ms. Annie Bell Smith was diagnosed with terminal lung cancer in December 1994. On January 31, 1995, she executed a will leaving the bulk of her estate to her brother-in-law, Caesar Smith and his wife Lois Smith, who were assisting Ms. Smith and providing her with care. Ms. […]
In re Estate of Diaz, 271 Ga. 742 (1999). Leanora Diaz (Diaz) died on April 3, 1997. During the year leading up to her death, her estranged husband served divorce papers on her. Her children begged her to get medical help and, after she refused, they tried to have her involuntarily committed. Following a hospital […]
Ashford v. Van Horne, 276 Ga. 636 (2003). Dr. Alexander Ashford and his wife were estranged after marrying in 1968. Mrs. Ashford filed for divorce in 1999 after a lengthy separation. Dr. Ashford died in 2001 during the divorce proceedings. In 1988, Dr. Ashford’s sister drove him to see an attorney. There, Dr. Ashford produced […]
Probate heir has no property right in conservatorship estate (Ga.) ——————————- Opal Stewart was appointed as her father’s conservator. After her father died, she was also his personal representative. Under Georgia law, a conservatorship terminates upon the death of the ward, but the conservator must still petition for discharge. Where the conservator also serves as […]
After a loved one dies, there are certain things that need to be done. The following is a short checklist. 1. Burial/Funeral Arrangements Obtain the decedent’s burial and/or funeral instructions, if any. It may be most appropriate to contact the family members or have a family meeting to determine the decedent’s burial wishes. Also, a […]
On April 23, 2021, the Tennessee Court of Appeals decided Estate of Shelton D. Ramey, Case No. E2020-00270-COA-R3-CV. The Court’s syllabus is as follows: This appeal concerns a residual beneficiary’s objection to an estate administrator receiving any fees based upon the latter’s alleged breach of fiduciary duty. David Ramey (“Ramey”) is a beneficiary under his […]
A forthcoming article was reviewed in WILLS, TRUSTS, & ESTATES LAW eJOURNAL, Sponsored by The American College of Trust and Estate Counsel (ACTEC) Foundation, Vol. 17, No. 10: Apr 29, 2021. The article recognizes that much in the field of Wills is obsessed with pre-determining the outcome of potential litigation. It centers on an empirical […]
(a) For purposes of this Code section, the term “property” includes any interest in property and any power over or right with respect to the property. (b) Any person to whom an interest in property is transferred or who succeeds to property by contract or by operation of law may renounce the property in whole […]
(a) An individual who feloniously and intentionally kills or conspires to kill or procures the killing of another individual forfeits the right to take an interest from the decedent’s estate and to serve as a personal representative or trustee of the decedent’s estate or any trust created by the decedent. For purposes of this Code […]
O.C.G.A. § 53-1-10. Lifetime transfers (a) A lifetime transfer to a beneficiary of property that is the subject of a specific testamentary gift is treated as a satisfaction if it is shown pursuant to the provisions of subsection (c) of this Code section that the transfer is intended to satisfy the testamentary gift. (b) A […]
(a) If more than one personal representative is qualified and unless the will provides otherwise: (1) The personal representatives must act by their unanimous action; provided, however, that while a personal representative is unable to act because of inaccessibility, illness, or other incapacity, or when a vacancy occurs for any other reason, the remaining personal […]
O.C.G.A. § 53-5-60. Short title his article shall be known and may be cited as the “Uniform Transfer on Death Security Registration Act.” O.C.G.A. § 53-5-61. Definitions As used in this article, the term: (1) “Beneficiary form” means a registration of a security which indicates the present owner of the security and the intention of […]
(a) Wills that are probated or established in another state shall constitute muniments of title for the transfer and conveyance of real property in this state to the beneficiaries named in the will and such will shall be admitted in evidence in this state as muniments of title without being probated in this state when: […]
O.C.G.A. § 53-2-50 As used in this article, the term “escheat” is the reversion of property to the state upon a failure of heirs of a decedent to appear and make claim for or against property owned by the decedent at death for which no other disposition was provided either by will or otherwise. O.C.G.A. […]
(a) Upon the death of an intestate decedent who is the owner of any interest in real property, the title to any such interest which survives the intestate decedent shall vest immediately in the decedent’s heirs at law, subject to divestment by the appointment of an administrator of the estate. (b) The title to all […]
O.C.G.A. § 53-1-2. Definitions (1) “Administrator” means any person appointed and qualified to administer an intestate estate, including an intestate estate already partially administered by an administrator and from any cause unrepresented. (2) “Administrator with the will annexed” means any person, other than an executor, appointed and qualified to administer a testate estate, including a […]
Corrine Barber died on June 22, 2005. Her Will left the bulk of her estate to her youngest child, Alecia Holmes (fathered by Adams). When Alecia offered the Will for probate, Corrine’s four older children (fathered by Barber) filed a caveat. They contended the Will was invalid due to undue influence. The probate court granted […]
Margretta K. Brice died leaving two children, Janice B. Stout and Stephen Curtice Brice. After Margretta died in 2005, Stephen filed a petition to probate her Will in solemn form. Stephen and Janice were the only beneficiaries. With the petition, Stephen filed an acknowledgment of service and assent to probate instanter executed by Janice. The […]
n 2003, Frankie Walker created an irrevocable trust. After her death, her husband, Van Anda, sought to set aside the trust and transfers into the trust, arguing they were the product of undue influence. The trust, as drafted had the effect of leaving virtually all of Frankie’s estate to her sister, Mollie Lewis. Frankie, then […]
Porter Morrison Ryan was survived by her daughter, Mary Frances Tuttle and other relatives. After Porter died in 2003, Tuttle asked the court to probate a Will executed in 1956. The other relatives objected, contending that the 1956 Will was revoked when Porter executed a new Will in 1999. Tuttle responded arguing that Porter was […]
Prior to filing suit, Plaintiff opened an estate for resident in Tallahatchie County. After the suit was filed, Defendants filed a motion to render appointment of the administrator void ab initio, contending the estate should have been filed in Leflore county. Plaintiffs then filed a petition for the appointment of an administrator in Leflore county […]
Effective January 1, 2021, Georgia HB 865 (Act 508), amended the Georgia Probate code. Now, if you prepare a written statement or list disposing of tangible personal property (a “who gets what” list), it can be incorporated into your will by reference. That means that if there is a dispute concerning tangible personal property, the […]
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