Probate and Administration

In Terrorem Clauses are Strictly Construed

In In Re Estate of Penland, 357 Ga. App. 369 (2020), the probate court found that James Ray and Eloise…

3 years ago

Probate Court erred when it imposed fine of more than $19,000 for contempt

In In re Estate of Butler, 356 Ga. App. 287 (2020), Anita Butler filed a petition to probate her father's…

3 years ago

Appeal Route From Article 6 Probate Court is to Court of Appeals

In Spence v. Dep't of Behavioral Health and Developmental Disabilities, 359 Ga. App. 603 (2021), Jermaine Spense was involuntarily committed…

3 years ago

Conservator/County Administrator appointed ex-officio administrator of ward’s estate

In In re Estate of Brown, 357 Ga. App. 869, 850 S.E.2d 503 (2020), the Fulton County Probate Court appointed…

3 years ago

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