Probate and Administration

Common Law Marriage: Court finds Wife was not a “Wife”

By statute, Georgia law provides that "No common-law marriage shall be entered into in this state on or after January…

3 years ago

Executor Is Subject to Probate Court’s Authority While Serving

In In re Estate of Cornett, 357 Ga. App. 310 (2020), Sarah Cornett was appointed successor Executor over the Will…

3 years ago

Petition for Accounting Does Not Trigger In Terrorem Clause

In In re Estate of Burkhalter, 354 Ga. App. 231 (2020), William Burkhalter was executor of the estate of Louise…

3 years ago

Form: Georgia Conservator’s Return

In Georgia, a Conservator must file an annual return and a final return. The current form appears below. For the…

3 years ago

News Roundup – November 21, 2021

News Sources: Elder Law Attorney Daniel Tully has 9 questions you should ask before you or a loved one goes…

3 years ago

Robert C. Port, Super Lawyer – Selecting An Investment Advisor

Robert C. Port is a business litigation attorney practicing with Gaslowitz Frankel, LLC. He is author of Georgia Business Litigation…

3 years ago

Admitting Medical Records in Probate Court as an Exception to the Hearsay Rule

Former OCGA § 24-3-18 (now § 24-4-826) provides a hearsay exception for medical reports in civil cases without requiring the…

3 years ago

How Do I Open an Estate In Georgia?

After a loved one dies, it is sometimes necessary to open an estate to access accounts or other property owned…

3 years ago

Testamentary capacity – Murchison v. Smith

Murchison v. Smith, 270 Ga. 169 (1998). Ms. Annie Bell Smith was diagnosed with terminal lung cancer in December 1994.…

3 years ago

Testamentary capacity – Estate of Diaz

In re Estate of Diaz, 271 Ga. 742 (1999). Leanora Diaz (Diaz) died on April 3, 1997. During the year…

3 years ago