Trust administration requires trustees to act in the best interests of beneficiaries. Unfortunately, some trustees abuse their position for personal gain through self-dealing — transactions where the trustee benefits at the trust's expense. Beneficiaries are wise to...
As financial scams and exploitation increase in Georgia, many older adults and their families want practical ways to stay safe before issues start. Instead of waiting for a crisis that could lead to a court-ordered guardianship or conservatorship, families can use...
Having a loved one leave behind an estate plan gives families a meaningful head start during a difficult time. But even the best-laid plans can hit serious roadblocks. One way this happens is when the person chosen to carry out the will creates more problems than they...
Executors in Georgia face personal risk if they pay heirs before settling the top debts of the estate. An estate is insolvent when the deceased person leaves more debt than assets. When funds run short, state law requires the executor to pay creditors in a strict...
Many adult children assume that caring for an aging parent gives them full control over their parent's money. But Georgia law treats personal care and financial care as two separate things. Mixing the two up can lead to serious legal problems. Thus, understanding how...
When a Georgia resident dies without a will, state law determines who inherits the assets. Administrators often encounter obstacles when known relatives cannot be located, or family trees remain unclear. Resolving these missing heir roadblocks requires a formal,...
Speed and finality are not always the same thing in Georgia probate. Common form probate moves quickly but stays open to challenges for years. Solemn form probate takes more time upfront but produces a binding result that protects everyone involved. When a loved one...
When a loved one passes away, the executor named to manage their estate faces many duties. This process may require significant time and effort, and Georgia law recognizes that executors deserve fair compensation for their work. However, when you see evidence of funds...
Court hearings can be nerve-wracking, especially if you are seeking guardianship of a loved one. Although every case is unique, understanding what a judge will look for can help you decide whether you are ready to present your case. Here are some tips for preparing...
There is one unique statutory provision in Georgia that alters traditional estate administration. This highly powerful legal mechanism is called year's support. Once a person dies with or without a will, they leave behind probate assets, which heirs can expect to...