Probate and Administration

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…

4 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…

4 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.…

4 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…

4 years ago

Testamentary capacity – Ashford v. Van Horne

Ashford v. Van Horne, 276 Ga. 636 (2003). Dr. Alexander Ashford and his wife were estranged after marrying in 1968.…

4 years ago

Probate Litigation

Probate heir has no property right in conservatorship estate (Ga.) ------------------------------- Opal Stewart was appointed as her father’s conservator. After…

4 years ago

What to do After a Loved One Dies

After a loved one dies, there are certain things that need to be done. The following is a short checklist.…

4 years ago

Bankruptcy Trustee, not beneficiary, had standing to prosecute breach of fiduciary duty claim

On April 23, 2021, the Tennessee Court of Appeals decided Estate of Shelton D. Ramey, Case No. E2020-00270-COA-R3-CV. The Court's…

4 years ago

Probate Litigation – Horton and Weisbord

A forthcoming article was reviewed in WILLS, TRUSTS, & ESTATES LAW eJOURNAL, Sponsored by The American College of Trust and…

4 years ago

O.C.G.A. § 53-1-20. Renouncing property; procedures; relation back; abridgement; fiduciary duties

(a) For purposes of this Code section, the term "property" includes any interest in property and any power over or…

4 years ago