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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 syllabus is as follows: This appeal concerns a residual beneficiary’s objection to an estate administrator receiving any fees based upon the latter’s alleged breach of fiduciary duty. David Ramey (“Ramey”) is a beneficiary under his […]

A forthcoming article was reviewed in WILLS, TRUSTS, & ESTATES LAW eJOURNAL, Sponsored by The American College of Trust and Estate Counsel (ACTEC) Foundation, Vol. 17, No. 10: Apr 29, 2021. The article recognizes that much in the field of Wills is obsessed with pre-determining the outcome of potential litigation. It centers on an empirical […]

(a) For purposes of this Code section, the term “property” includes any interest in property and any power over or right with respect to the property. (b) Any person to whom an interest in property is transferred or who succeeds to property by contract or by operation of law may renounce the property in whole […]

(a) An individual who feloniously and intentionally kills or conspires to kill or procures the killing of another individual forfeits the right to take an interest from the decedent’s estate and to serve as a personal representative or trustee of the decedent’s estate or any trust created by the decedent. For purposes of this Code […]

O.C.G.A. § 53-1-10. Lifetime transfers (a) A lifetime transfer to a beneficiary of property that is the subject of a specific testamentary gift is treated as a satisfaction if it is shown pursuant to the provisions of subsection (c) of this Code section that the transfer is intended to satisfy the testamentary gift. (b) A […]

(a) If more than one personal representative is qualified and unless the will provides otherwise: (1) The personal representatives must act by their unanimous action; provided, however, that while a personal representative is unable to act because of inaccessibility, illness, or other incapacity, or when a vacancy occurs for any other reason, the remaining personal […]

O.C.G.A. § 53-5-60. Short title his article shall be known and may be cited as the “Uniform Transfer on Death Security Registration Act.” O.C.G.A. § 53-5-61. Definitions As used in this article, the term: (1) “Beneficiary form” means a registration of a security which indicates the present owner of the security and the intention of […]

elder law resources - ABLE Accounts - Additional Guidance - Trust Beneficiaries

(a) Wills that are probated or established in another state shall constitute muniments of title for the transfer and conveyance of real property in this state to the beneficiaries named in the will and such will shall be admitted in evidence in this state as muniments of title without being probated in this state when: […]

O.C.G.A. § 53-2-50 As used in this article, the term “escheat” is the reversion of property to the state upon a failure of heirs of a decedent to appear and make claim for or against property owned by the decedent at death for which no other disposition was provided either by will or otherwise. O.C.G.A. […]

(a) Upon the death of an intestate decedent who is the owner of any interest in real property, the title to any such interest which survives the intestate decedent shall vest immediately in the decedent’s heirs at law, subject to divestment by the appointment of an administrator of the estate. (b) The title to all […]

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