Typically, if an estate owes you money, you are considered an estate creditor. There are different types of estate creditors. When and how an estate creditor is paid depends on which category they fit into. For example, many claims that are not secured by real estate or vehicles are considered to be...
What happens when you find evidence of estate fraud years after the estate was settled? For example, what if you discover a deed that is clearly wrong? Perhaps you were led to believe that a parent died without a last will and testament, and then you later find an executor’s dee...
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. ...
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 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...
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...
If you are an heir or beneficiary of an estate, and believe the Executor is not fulfilling their responsibilities you may have a right to challenge their actions in probate court. An Executor owes certain duties to the estate. The main responsibilities of an Executor are to act i...
Who becomes the administrator? It happens all too often. A family member passes away and after the funeral, thoughts turn to probate and settling the estate. Someone takes charge and decides that they are the right person to be the administrator of the estate. What if you don’t agree? What if yo...
What does Georgia probate law have to say about an executor who lived with the deceased prior to death and continues to live in the estate home while administering the estate? What if the administration is delayed as a result? What can you do if you’re a beneficiary watching all of this happen and...
In many instances, when two people are named co-executor of the estate and required to act together, the co executors disagree about how to manage the estate, and co-executor problems can arise. In some instances, what should be nothing more than simple disagreements turn ugly and one executor may g...
