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...
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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...
What kinds of issues lead to probate litigation?
Many probate hearings are technicalities. The personal representative or executor of an estate will attend a hearing with their lawyer and present certain documentation to the courts. The end of the probate process will typically occur after all estate administration...
Who pays the debts for an estate?
When someone passes away, the estate administration and probate process is where their assets get divided among their heirs. Ideally, this person will have created a will or an even more complex estate plan to demonstrate how this has to happen. They can give...
How long does it take to complete the probate process in Georgia?
There are a lot of legal and practical obligations that arise when someone dies. The family will need to locate their estate plan and secure their assets. There will need to be a representative who handles the estate, and they will need to attend hearings in the...