Probate and Administration

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
Deed found to be valid despite allegations of undue influenceDeed found to be valid despite allegations of undue influence

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

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

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
Frivolous Objection to Will Triggers Attorney’s FeesFrivolous Objection to Will Triggers Attorney’s Fees

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

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 ExtinctionTestamentary Gift Adeemed by Extinction

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

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 HeirsLaughing Heirs

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 RememberPresumption of Validity Applies When Witnesses to Will Do Not Remember

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