Probate and Administration

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

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 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 Session

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

3 years ago

Deed found to be valid despite allegations of undue influence

In Estate of Bane (Tenn. Ct. App. 3/23/2022), Martha Bane gave her son, John Bane, a power of attorney with…

3 years ago

Declaratory Judgment Vacated Because It Would Have No Immediate Effect on the Parties’ Conduct

On March 15, 2022, the Georgia Court of Appeals decided Willis v. Cheeley (A21A1730). There, a contested probate proceeding boiled…

3 years ago

Oregon’s Expanded Medicaid Estate Recovery Pulls Home Back Into Estate

In Department of Human Services v. Hobart, the Oregon Court of Appeals ruled, on March 2, 2022, that Oregon's Medicaid…

3 years ago