Probate and Administration

Uniform Partition of Heirs Property ActUniform Partition of Heirs Property Act

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 estatePriority of claims against a decedent’s estate

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

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…

3 years ago
Evidence in Medicaid HearingsEvidence in Medicaid Hearings

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.…

3 years ago
Form: Consent to Criminal Background CheckForm: Consent to Criminal Background Check

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…

3 years ago
Georgia Probate Courts have Exclusive Jurisdiction Over The Probate of WillsGeorgia Probate Courts have Exclusive Jurisdiction Over The Probate of Wills

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…

3 years ago
How to Communicate with Courts, Parties in Litigation and OthersHow to Communicate with Courts, Parties in Litigation and Others

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.…

3 years ago
Slosberg RevisitedSlosberg Revisited

Slosberg Revisited

In Slosberg v. Giller (Georgia Supreme Court 6/30/2022), the Court reversed a Court of Appeals decision we previously reported. David…

3 years ago
Form: Georgia Notice to Debtors and CreditorsForm: Georgia Notice to Debtors and Creditors

Form: Georgia Notice to Debtors and Creditors

O.C.G.A. § 53-7-41 states: “…Every personal representative shall, within 60 days from the date of qualification, publish a notice directed…

3 years ago
New Georgia Laws from 2022 Legislative SessionNew Georgia Laws from 2022 Legislative Session

New Georgia Laws from 2022 Legislative Session

The following bills are among those that passed both houses of the Georgia legislature during the 2022 legislative session. Assuming…

3 years ago