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 § […]
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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 […]
The first step when filing a deed is to have the deed prepared. Although it is not required, we suggest that you have a lawyer prepare the deed. Where are Deeds Recorded? O.C.G.A. § 44-2-1 provides that Every deed conveying lands shall be recorded in the office of the clerk of the superior court of the […]
The Rule Against Perpetuities routinely stumps law students and lawyers, and can turn home-made documents into disasters. A deed, trust Will, or other document that violates the Rule Against Perpetuities may be invalid in part or in whole, causing anticipated distributions to be uncertain or preventing them from happening at all. See Wikipedia: Rule Against […]
Venue, as a general matter, indicates where (in which court) a legal matter should be filed. It is sometimes confused with subject matter jurisdiction and, because certain venue provisions appear in Georgia’s constitution, venue occasionally becomes a jurisdictional question in Georgia. Usually, though, jurisdiction indicates which court a legal matter should be filed in, such […]
Georgia Counties and Cities with links to Probate Court, Clerk of Superior Court, Legal Organ and other relevant information. General Links: Georgia Chamber of Commerce Georgia Probate Court GeorgiaPublicNotice.com | Search and View Published Legal Notices Georgia Superior Courts Georgia Superior Court Clerks Cooperative Authority | Includes Contact Information for County’s Legal Organ O.C.G.A. § […]
On the Georgia Supreme Court’s Argument Calendar for May 18, 2021 is Clinch Healthcare Center Et. Al. v. Fountain, As Administrator of the Estate of LeRoy Wiggins (S20G1292). The Court’s Summary is as follows: A nursing home and its owners are appealing a Georgia Court of Appeals decision that upheld Cobb County State Court’s denial […]
In Atlanta Oculoplastic Surgery, P.C. v. Nestlehutt, 286 Ga. 731 (2010), the Georgia Supreme Court considered whether arbitrary limits to noneconomic damages in malpractice cases violated Georgia’s Constitution. Those limits were imposed as part of the Tort Reform Act of 2005, and were codified at O.C.G.A. § 53-13-1. In Nestlehutt, Dr. Harvey P. Cole had […]
In Booth v. State, the Georgia Supreme Court considered the appeal of a daughter convicted of killing her mother. Booth took custody of her elderly mother, Cowart, after she was discharged from the hospital in October 2016. Booth cared for Cowart in Booth’s home with the assistance of a registered nurse until early December. Cowart […]
In Giller v. Slosberg, an elderly father revoked an existing power of attorney, executed a new power of attorney, and made changes to certain financial accounts relating to his estate-planning strategy. Giller and Seidner (sisters) appealed a judment following a jury verdict in favor of their brother, Slosberg. Slosberg believed his sisters exerted undue influence […]
