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...
When you are a beneficiary of an estate, you place trust in the executor, who is one type of 'personal representative’. This person has a legal "fiduciary duty" to manage the estate's assets honestly and in your best interest. If you suspect an executor is failing...
In Georgia, guardianship occurs when the court appoints a person, known as the guardian, to make decisions for another individual. The individual under the care of the guardian is the ward. A ward is unable to make decisions for themselves. The guardian role carries...
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...
Most people understand that estate administration takes time and effort to complete. Those who agree to act as personal representatives or executors often want to uphold the wishes of the deceased individual or take pressure off their closest surviving family members....
Debilitating medical conditions can affect an individual's ability to live independently, especially in their golden years. People living with physical limitations may require support from loved ones. As people age, their risk of different, significant medical...
When a person creates an estate plan, they need to be of sound mind. All decisions they make should be based solely on their own wishes. If anyone else influences those decisions, there may be undue influence. Undue influence can undermine the integrity of 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...
If you believe someone in your family shouldn’t be making decisions for an elderly or incapacitated loved one, you’re not without options. Georgia law gives you the right to challenge a conservatorship, especially when the proposed conservator has financial red flags,...
Administering an estate involves several responsibilities, one of which is settling the deceased's debts. The individual tasked with administering the estate, called the executor or personal representative, must complete this complex task wisely to avoid legal...