Wills are legal documents that outline the distribution of a person's assets. Although the creator of the will, or testator, likely wanted to provide guidance on the process, it is not uncommon for the language to seem unclear. This lack of clarity can result in legal...
Probate disputes are often centered on houses, bank accounts and personal property. These concerns are contested so frequently that setting expectations for the process ahead is relatively straightforward and knowable. Yet, when intellectual property is involved, the...
Probate litigation often arises when disputes occur during the administration of an estate. These legal battles can be emotionally and financially draining but understanding common triggers and resolution strategies can help mitigate their impact. Common issues...
An executor plays a vital role in probate by managing the estate and protecting its value for heirs. Most act in good faith, but when serious concerns arise – like mismanagement or misconduct – Georgia law allows you to ask the probate court to intervene and, if...
When someone dies, their belongings usually go through a process called probate. This means a court helps determine what they own, how much it is worth, and who gets what. Sometimes, family members or others argue during this process. That could lead to probate...
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...
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...
Will contests are relatively rare, but they are an important form of protection for both vulnerable adults and their beneficiaries. Most estates go through probate with a few complications. The testator's documents leave adequate instruction, or the division of...
Beneficiary disputes can arise for many reasons, one of which is if the estate executor doesn't properly handle the tasks and duties that are presented to them. The beneficiaries may feel that the process is unfair or even illegal, and this can lead to a dispute...
Estates wind up going through probate for many reasons, but three are most common. The first would be that someone dies without a last will, requiring the courts to apply intestate succession to the assets someone leaves behind. The second would be that someone did...