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 […]
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Tennessee recently enacted 2021 Tenn. Pub. Acts. 420 (shown below) in an attempt to help Tennessee become a top trust jurisdiction. Among other changes to the trust code, this new law decreases the statute of limitations for creditors filing claims against the trust from two years to 18 months. Articles and Pages: Tennessee Trust Bill […]
A recent Forbes article by Matthew Erskine, 2022 Transfer Tax Update, suggests that now is the time to make gifts if you’re concerned that you might have a taxable estate. Since no one knows that Congress will do with the estate tax and gift tax, some advisors assume the Trump-era transfer tax cuts will remain […]
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 […]
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 […]