Probate and Administration

Oath for Georgia Guardians and Personal Representatives

Before a guardian or the personal representative of an estate takes office, he or she must take an oath. The…

2 days ago

Form: Affidavit of Diligent Search

In Georgia, when actions are filed in Probate Court, some people must be notified before the case can move forward.…

2 days 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…

3 days 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…

3 days 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…

3 months ago

Everyone has a Will (Even if you don’t)

Everyone should have a Will. If you don't have a Will then your stuff might go to someone you don't…

3 months ago

Life Estate Awarded as Year’s Support Upheld

Mavis, who was 77, survived her husband, Jerry. She filed a Petition for Year's Support and the Probate Court awarded…

5 months ago

Claim that Trustee Breached Fiduciary Duty Backfires

When someone accepts the position of trustee, he (or she or it) must act for the benefit of the trust…

7 months ago

Dementia alone does not prevent someone from executing a valid Will

In Creamer v. Manley, decided March 14, 2024, the Court of Appeals affirmed summary judgment upholding the validity of a…

8 months ago

Caveator deprived herself of standing by withdrawing her challenge to Will

On February 21, 2024, the Georgia Court of Appeals decided the case of In Re Estate of Anne Smith Florance.…

8 months ago