Estate Planning

Review of Georgia Cases on Testamentary Capacity

In Georgia, an individual has legal capacity to make a Will "when the testator has a decided and rational desire…

3 weeks ago

Georgia Power of Attorney Act

Last updated 2/28/2025 The Georgia Power of Attorney Act was enacted in 2017 (HB 221) and amended in 2018 (HB…

1 month ago

Due Process Limits State’s Power to Tax Out of State Trust

In North Carolina Department of Revenue v. The Kimberley Rice Kaestner 1992 Family Trust, the U.S. Supreme Court was asked…

1 month ago

Non-Probate Assets

Not everything goes through someone's probate estate. That means not everything passes through your Will. If you care how your…

2 months ago

Georgia Wills: What’s Required

Georgia law defines a Will as "the legal declaration of an individual's testamentary intention regarding that individual's property or other…

2 months ago

Can a Lender Force You to Pay-up or Refinance a Home Mortgage After Your Relative Dies?

One question we frequently get is what happens to a home mortgage after my relative (usually mom or dad) dies?…

2 months ago

Income Tax Return for Estates and Trusts – Form 1041

What is Form 1041 used for? If an estate or trust has gross income of $600 or more during a…

4 months ago

Notice Concerning Fiduciary Relationship – IRS Form 56

IRS Form 56 is used to notify the IRS of the creation or termination of a fiduciary relationship under section…

4 months ago

Getting Organized

Many people think that estate planning is just having documents prepared. They have a lawyer prepare a Will, get it…

6 months ago

Beneficiary who accepted inheritance under Will could not bring action for tortious interference

In Chambers v. Edwards, 365 Ga. App. 482 (2022), William Chambers sued his sister, Kathy Edwards, alleging tortious interference with…

6 months ago