Evidence

Conviction of Caregiver for Elder Exploitation Affirmed

On February 11, 2022, the Georgia Court of Appeals affirmed Julia Bell's conviction for elder exploitation. She was originally indicted…

5 years ago

Summary Judgment Reversed Where Probate Petitioner Offered Contradictory Evidence

In In re Estate of Curvan, 362 Ga. App. 665 (2022), Sharon Lavant offered a July 31, 2019 Will of…

5 years ago

Exemplar Discovery in Contested Petition for Year’s Support

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…

5 years ago

Appeal Route From Article 6 Probate Court is to Court of Appeals

Appeal Route From Article 6 Probate Court In Spence v. Dep't of Behavioral Health and Developmental Disabilities, 359 Ga. App.…

5 years ago

Probate Court May Restrict a Conservator’s Power to Spend Ward’s Income

In In re Estate of Jenkins, 358 Ga. App. 254 (2021), the ward (Shaun Jenkins) sustained profound injuries as an…

5 years ago

Questions Asked in a Typical Guardianship Case

(Last updated 8/8/2023) The central and initial issue in every guardianship and conservatorship case is whether the proposed ward has…

5 years ago

Medicaid: Determining Which Property is Exempt Home

Determining Which Property is the Exempt Homeplace; Whether Jointly Owned Second Property was Exempt. Petitioner lived at her residence in…

5 years ago

Admitting Medical Records in Probate Court as an Exception to the Hearsay Rule

Former OCGA § 24-3-18 (now § 24-4-826) provides a hearsay exception for medical reports in civil cases without requiring the…

5 years ago

Testamentary capacity – Murchison v. Smith

Murchison v. Smith, 270 Ga. 169 (1998). Ms. Annie Bell Smith was diagnosed with terminal lung cancer in December 1994.…

5 years ago

Testamentary capacity – Estate of Diaz

In re Estate of Diaz, 271 Ga. 742 (1999). Leanora Diaz (Diaz) died on April 3, 1997. During the year…

5 years ago