Probate and Administration

Handwriting Expert’s Testimony Supported Forgery Claim Regarding Life Insurance Proceeds

In Estate of Hargett v. Brown (Tenn. App. 6/9/2023), the Decedent, Willie Hargett, had separated from his wife, Robbie Hargett.…

1 year ago

Settlement of Probate Dispute Enforced As Written

On June 12, 2023, the Tennessee Court of Appeals (Knoxville) upheld a settlement agreement requiring the recipient of funds in…

1 year ago

What is Undue Influence?

In Milbourne v. Milbourne, 301 Ga. 111 (2017), The Georgia Supreme Court affirmed a Gwinnett Probate Court Order refusing to…

1 year ago

Uniform Partition of Heirs Property Act

The Uniform Partition of Heirs Property Act ("UPHPA") has been enacted in 21 States. It is designed to preserve family…

2 years ago

Priority of claims against a decedent’s estate

In Georgia, O.C.G.A. 53-7-40 provides that claims are paid in the following order: Unless otherwise provided by law, all property…

2 years ago

Elder Law and Special Needs Law News Roundup – 9-9-2022

We regularly post links to news articles and other resources related to Elder Law and Special Needs Law. We focus…

2 years ago

Evidence in Medicaid Hearings

Same rules as non-jury civil cases The rules of evidence applicable in civil nonjury trials apply in administrative hearings. O.C.G.A.…

2 years ago

Form: Consent to Criminal Background Check

Below is an exemplar consent to a criminal background check. These are required in most guardianship cases and some probate…

2 years ago

Georgia Probate Courts have Exclusive Jurisdiction Over The Probate of Wills

In Carpenter v. Carpenter, 276 Ga. 746 (2003), Gloria and Steven Carpenter appealed an order dismissing their Caveat to the…

2 years ago

How to Communicate with Courts, Parties in Litigation and Others

There are times when formal "legal" communication is necessary. This post addresses several instances regarding how that can be done.…

2 years ago