Not everything goes through someone’s probate estate. That means not everything passes through your Will. If you care how your assets are distributed, then it’s important to coordinate how your probate and non-probate assets pass following your death. Property held as joint tenants with right of survivorship (JTWRS) does not pass through anyone’s Will until […]
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One question we frequently get is what happens to a home mortgage after my relative (usually mom or dad) dies? The Garn-St. Germain Depository Institutions Act of 1982 addresses so-called due on sale clauses. Specifically, at 12 U.S.C. § 1701j–3(d), the Act provides: With respect to a real property loan secured by a lien on […]
Before a guardian or the personal representative of an estate takes office, he or she must take an oath. The form is a standard form and can be found here. The oath is usually made in front of the Probate Judge or a clerk with the probate court, but it can be taken out of […]
In Georgia, when actions are filed in Probate Court, some people must be notified before the case can move forward. These individuals are known as parties in interest. Usually service is acknowledged or waived, but not always. Ordinarily a party in interest who does not acknowledge or waive service is entitled to personal service, but […]
What is Form 1041 used for? If an estate or trust has gross income of $600 or more during a tax year, it must file a tax return. The fiduciary of a domestic decedent’s estate, trust, or bankruptcy estate uses Form 1041 to report: The income, deductions, gains, losses, etc., of the estate or trust; […]
IRS Form 56 is used to notify the IRS of the creation or termination of a fiduciary relationship under section 6903 and provide the qualification for the fiduciary relationship under section 6036. Form 56 cannot be used to update the last known address of the person, business, or entity for whom you are acting. Use […]
In Chambers v. Edwards, 365 Ga. App. 482 (2022), William Chambers sued his sister, Kathy Edwards, alleging tortious interference with inheritance. The trial court granted Edwards’ motion to dismiss (converted to a motion for summary judgment when evidence not in the pleadings was considered). The parties’ father died in 2011, leaving everything to their mother. […]
Everyone should have a Will. If you don’t have a Will then your stuff might go to someone you don’t like when you die. Or it might go to a laughing heir. But if you don’t have your own Will prepared, then the State has a Will for you (and you might not like it). […]
Mavis, who was 77, survived her husband, Jerry. She filed a Petition for Year’s Support and the Probate Court awarded her a life estate in the marital residence. Michael, one of Jerry’s children from a prior marriage, appealed. He argued that the record did not support a finding that Mavis’ economic need justified the award […]
When someone accepts the position of trustee, he (or she or it) must act for the benefit of the trust and its beneficiaries. In Bates v. Howell (Ga. App. 2019), Emily Howell decided that the trustee of her aunt’s trust breached his duties. She then went to court without giving anyone else notice (an ex […]
