Civil Procedure

Nursing home lacks standing to request fair hearing unless it is authorized representative

In Weeks v. DHS, Division of Family and Children Services, Office of State Administrative Hearings, Docket 2117014 (April 28, 2021),…

3 years ago

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

Bank records discoverable in Power of Attorney Dispute

In Bethune v. Bethune (Georgia Court of Appeals A21A1659, March 11, 2022), Donald Bethune was acting as agent for his…

3 years ago

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

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

Summary Judgment Reversed Where Probate Petitioner Offered Contradictory Evidence

In In re Estate of Curvan (Ga. Ct. App. A21A1435 2/16/2022), Sharon Lavant offered a July 31, 2019 Will of…

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

Probate Court May Restrict a Conservator’s Power to Spend Ward’s Income

In In re Estate of Jenkins, 358 Ga. App. 254 (2021), the ward (Shaun Jenkins) sustained profound injuries as an…

3 years ago

Where do I file a case in Georgia? (Venue)

Venue, as a general matter, indicates where (in which court) a legal matter should be filed. It is sometimes confused…

3 years ago