demand letter to executor of real estate

After a loved one's death, you may suspect that the executor is not handling the estate properly. Below are some common examples of executor misconduct and what can be done to avoid such situations. Questions like these might have crossed your mind: How do I find out if the executor is mishand...

Should-You-Sign-an-Acknowledgement-of-Service-and-Assent-to-Probate-Instanter

For so many people, the loss of a loved one or a family member is a moment characterized by complex emotions, and the idea of probate becomes a daunting thought. Did the deceased leave a will where he clearly mentions who the beneficiaries of his inheritance are and names an executor to fulfil his l...

estate challenges

When a loved one passes away, estate challenges can happen very quickly. What can you do about it? It is not uncommon for one or more family members to attempt to take over the estate, and gain a larger share of the deceased’s property.   Many times, the best response is to become ...

can an heir living on the property

Sometimes family members are less than cooperative in helping to settle the estate. Other times, they are downright hostile. So, what happens when an heir seizes control of the estate home and won’t leave? What do you do? This can be a challenging issue, and our Georgia probate attorneys have some...

objection to petition for support

Filing an objection to a petition for year's support can put the brakes on one of the most powerful petitions under Georgia probate law. But what is an objection to a petition for year's support and why would you file one?  We're going to answer those questions in this article. ...

executor de son tort georgia

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...

Contest clause in a will

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...

heirs determination

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...

forged will

  There are many types of disputes that could erupt when settling an estate, and one common type of dispute is a will contest. A will contest happens when one party files a will for probate that another party does not agree with. There could be any number of reasons why someone believ...