What happens to inheritance rights after divorce? There are a few different scenarios to consider to answer this question: Without a will With a will Other, nonprobate property We'll look at each scenario in turn. Without a will. If you get a divorce and...
The easy answer to this question would be, yes – A natural born child can be disinherited. Anyone can draft a will leaving their estate to anyone they chose, even pets. However, when dealing with probating an estate the answer is usually never that simple. There are numerous fa...
What is a probate estate? Does every person who passes away have an estate, or do only those people who have a lot of property have an estate? We'll cover these questions and more in today's article. My name is Erik Broel & I am the founder & CEO of Georgia Probate Law...
What happens when an executor does not probate a will for several years, won’t allow family members to see the will, or tell anyone about the value of the estate? Under Georgia law, any person in possession of an original will of a deceased person has an obligation to deliver th...
When someone passes away there are typically assets that need to be preserved and eventually transferred (including real estate). In order to officially act on behalf of an estate to transfer assets a person needs to be appointed by the appropriate probate court as either the executor (if there is a...
Sometimes you may believe that your loved one left a will, but you cannot find the will. What do you do? First, have you checked the common locations where a will may be kept? A fire proof box in the home? File cabinets? Safe deposit box at the bank? Any other place where your loved one kept ...
What is a No Contest Clause? A no contest clause (also called an in terrorem clause) in a will is something to be taken seriously. A typical no contest clause will state that if the will is challenged, then the person bringing the challenge will be taken out of the will. In th...
Wills and trusts are two different ways someone can receive an inheritance. These can be used independently or together. What does Georgia probate law say when the deceased leaves both a will and a trust? Is probate required to receive an inheritance? When a trust is created and funded prope...
When someone who is an heir or a beneficiary of an estate dies while that estate is still pending, Georgia probate law says that the property that was supposed to go to that person will be inherited that person’s estate instead. For example, let’s assume your spouse’s parent passes away first....
What is a probate inventory? Once you become appointed as executor or administrator of an estate, you may be required to file an initial inventory and ongoing annual returns. This is an area that trips up a lot of personal representatives, and I don’t want you to be one of them. In...
If you’re handling an estate, you may be required to obtain a bond before the probate court will allow you to serve as executor or administrator. But, how does a probate bond work and who pays for a probate bond? At first, the idea of a bond may seem unusual or even scary. In this artic...
Under Georgia probate law, when a person has passed away, there are certain requirements that must be met to properly open an estate for the deceased. The first is to file a petition with the court that has true and correct information. There are several different types of petitions that can be fil...
