During the 2024 legislative session, HB 1247 morphed into SB 420, which passed both houses and was signed by the governor. The new law creates a new Chapter 17 within Georgia’s Title 44 and authorizes the creation of transfer on death deeds. Previously, these deeds, commonly known as Lady Bird Deeds (although technically LBDs are […]
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In Farmer v. Farmer (decided March 15, 2024), the Georgia Court of Appeals reversed the trial court’s grant of summary judgment in favor of a land owner, finding that his aunt could present her claim to a jury that a life estate was given to her. The ordinary rule is that contracts involving land must […]
There are times when formal “legal” communication is necessary. This post addresses several instances regarding how that can be done. It is not meant to be all inclusive and, in many cases, specific communication rules apply. Beginning a lawsuit: When you begin a lawsuit, a summons must be served on the Defendant(s). Generally, Rule 4 […]
The Rule Against Perpetuities routinely stumps law students and lawyers, and can turn home-made documents into disasters. A deed, trust Will, or other document that violates the Rule Against Perpetuities may be invalid in part or in whole, causing anticipated distributions to be uncertain or preventing them from happening at all. See Wikipedia: Rule Against […]
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 […]
(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: […]
(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 […]
