Probate and Administration

Frivolous Objection to Will Triggers Attorney’s Fees

On March 4, 2022, the Georgia Court of Appeals decided In re Estate of Elinor J. Ferrell (A21A1361). There, Alvin…

3 years ago

Declaratory Judgment Denying All Future Claims by Non-Parties Exceeded Court’s Authority

In Walker v. Richmond (Ga. Ct. App. 3/1/2022), a Tennessee probate case crossed into Georgia in the context of a…

3 years ago

Testamentary Gift Adeemed by Extinction

In In re Estate of Tom Cone, Jr., filed February 28, 2022, the Tennessee Court of Appeals affirmed the Probate…

3 years ago

Probate Court had jurisdiction to construe consent order in the context of Petition to Settle Accounts

On February 24, 2022, the Georgia Court of Appeals decided In re Estate of Plybon (Appeal No. A21A1740, 2/24/2022). There,…

3 years ago

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