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...
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...
Few things are more heartbreaking than a young child losing their parent. Parents who took the time to plan for this tragic possibility may have a guardianship in place. These documents are meant to help better ensure a trusted individual or family steps in and raises...
Financial obligations can quickly become a complicating factor during estate administration. Personal representatives overseeing estate administration often need to be careful about how they manage resources, as they could be personally liable for debts and financial...
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...
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...