In the complex proceedings of guardianship cases in Georgia, a crucial figure often emerges—the Guardian ad Litem. Understanding the role and responsibilities of a Guardian ad Litem can help you better understand and navigate guardianship cases. What is a Guardian ad...
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What does it mean to “breach fiduciary duty” to an estate?
A fiduciary duty is one of the highest legal responsibilities, requiring an individual to act in the best interests of another party. In the context of an estate, fiduciary duty typically applies to an executor, trustee or administrator who is responsible for managing...
Gaining guardianship of an adult with disabilities
A child with disabilities may struggle to care for themselves once they become an adult. Adults with disabilities may not know how to make crucial decisions for themselves, especially when it comes to medical and financial matters. A guardian can be appointed to make...
What happens to debt during the probate process?
Dealing with the estate of someone who passes away can be a complex and emotional process. This is especially true if they leave behind debts. What happens to these responsibilities during the probate process? Paying the debts that someone leaves behind is part of the...
Why do estate beneficiaries sometimes take issue with an estate?
Sometimes, the family members of a person who has recently died file lawsuits in probate court. They may do so because they question the validity of documents. In cases where people have credible suspicions of fraud, undue influence or a lack of capacity on the part...
3 of the most important obligations of an estate representative
There are numerous responsibilities that become the obligation of a personal representative or executor once they assume their role. The party overseeing estate administration must fulfill their obligations or risk lawsuits and possibly removal from their position....
Safeguarding older parents from financial exploitation in nursing homes
As your parents age, the possibility of needing nursing home care can arise. While nursing homes provide essential support and services, a sad reality too often occurs in these facilities — financial exploitation of residents. This can be a devastating blow to a...
What fiduciary duty means for the representative of an estate
The personal representative of a Georgia estate has numerous responsibilities. They need to attend probate hearings and locate estate planning paperwork. They send notice to creditors, file tax returns and secure the assets that belonged to the decedent. Eventually,...
What is the difference between conservatorship and guardianship?
Sometimes, older adults reach a point where they can no longer act in their own best interests. Issues with their cognition or overall health prevent them from attending medical appointments, managing their household and even meeting their own basic daily needs. Even...
2 top reasons people take legal action against Georgia executors
The beneficiaries of an estate rely on the executor or personal representative to properly handle assets and distribute them according to someone's wishes. Typically, that is exactly what happens during the probate process. Someone who accepts responsibility for...