If the value of the estate covers the deceased person’s debts, the beneficiaries or heirs will still receive some amount of inheritance and you don’t need to worry about lacking funds. However, if it looks as though there is not enough money in the estate to cover the debts, then it is important...
For example, who will inherit the property if the deceased does not have a will, had children from a first marriage, and, many years later, remarries and dies with minor children from the new relationship? Who are the heirs? When someone dies without a will, Georgia probate law determines who wil...
As a personal representative, are you allowed to sell estate property on your own, or do you have to go to the court for permission first? This is an important question with a complicated answer. If you mess up, you could find yourself in hot water with the Georgia probate court. In this art...
Does being the Temporary Administrator of a probate estate give you more power to keep what you want from the estate? A Temporary Administrator is an unusual position under Georgia probate law, and the position is not used for many estates. It is most often used in an emergency situation where some...
If a child is an heir to a Georgia estate, it will make a large difference in how the estate is handled, and how complicated it is. Who is a minor? Before we jump into that, however, I think we should first define who is a minor under Georgia probate law, and when it matters. A minor is anyone w...
How do you handle an estate in Georgia from out of state? Settling an estate is difficult on its own, and those challenges are magnified when you have to manage the estate remotely because you don't live close by. In this article, we're going to discuss some of the unique cha...
Selling a deceased parent's home is never a happy experience. A lot goes into it and for many of our clients, it can be an emotional rollercoaster. Between going through the personal items in the home, handling the legal process, listing the home, and finally attending the closing, i...
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. ...
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 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...
