Probate and Administration

Laughing Heirs

Poor estate planning (or no planning) can result in unexpected and unintended results. All States have a law similar to…

3 years ago

Presumption of Validity Applies When Witnesses to Will Do Not Remember

In In Re Estate of McClendon, 359 Ga. App. 259 (2021), decedent David McLendon's Will was offered for probate by…

3 years ago

Summary Judgment Reversed Where Probate Petitioner Offered Contradictory Evidence

In In re Estate of Curvan (Ga. Ct. App. A21A1435 2/16/2022), Sharon Lavant offered a July 31, 2019 Will of…

3 years ago

Don’t Forge Signatures – Just Don’t

In The Matter of Jerry Boykin (Ga. S22Y0563 2/15/2022), attorney Jerry Bokin had been on disability status since 2018 and…

3 years ago

Offering a Lost Will for Probate

In Georgia, the original Will must be offered for probate if it is available. If the original Will is lost,…

3 years ago

Probate Court did not err appointing County Administrator to Administer Will Rather than Named Executor

In Estate of Jeffcoat, 361 Ga. App. 828 (2021), Eleisha Pate filed a Petition to Probate the Will of Rhonda…

3 years ago

Jury Question Remained Where Testator and Witnesses Initialed Each Page But Original Attestation Page was Missing

In Wilbur v. Floyd, 353 Ga. App. 864 (2020), Jeffrey Wilbur, on behalf of himself and as the executor of…

3 years ago

Exemplar Discovery in Contested Petition for Year’s Support

O.C.G.A. ยง 53-3-5 allows a surviving spouse or minor child to file a claim for Year's Support. Although there are…

3 years ago

Form: Petition to Appoint Successor Executor

Sometimes the original executor can no longer serve. The following form may be used to petition the Probate Court for…

3 years ago

Form: Renunciation From Executorship

If the person named as Executor in a Last Will and Testament does not wish to serve, most Probate Court…

3 years ago