There are specific requirements that wills must meet to be valid in the state of Georgia. One of those requirements is that the individual who drafts and executes the will has testamentary capacity. Testamentary capacity focuses on an individual's ability to...
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Probate & Estate Litigation
Will an unequal estate plan hold up in court?
The standard advice for creating a will is to split everything equally between beneficiaries, assuming the beneficiaries are the deceased’s children. Failure to do so might cause animosity between the siblings and destroy family relationships. However, a growing...
Who is a part of the probate process?
When a loved one dies and his or her estate goes into probate, there are a few key people who will be a part of the process. Each of these people has an important role to play. Understanding these roles can help you to better work through probate and have an idea of...
Does your mom’s estate plan make little sense to you?
As your mother went through the final stages of life, you may have become even closer to her. In fact, prior to her death, you may have believed you knew everything about your mom's end-of-life wishes and estate plan. After reading through her will, though, you may...
Do I need a probate lawyer?
If somebody has died and this person named you in his or her estate, you may be looking at a lengthy probate process. One of the most common questions for persons in this position is whether or not they need to hire a probate lawyer. Strictly speaking, there is no...
Isolation may be a sign of undue influence
If you have an elderly relative, you may want to inquire whether he or she has a will. After all, an alarming number of Americans have neglected even simple estate planning. If your loved one has already drafted a will, you should also be certain the document reflects...
Are no-contest clauses enforceable in Georgia?
The common school of thought amongst many people in Georgia may be that if and when you are fortunate enough to be part of a person's estate plans, you should respect their wishes as outlined in their estate planning documents (even if you have a reason to disagree...
What is a messy estate?
The probate process can often pass quickly if you make the right decisions before you die. Often times, the slow down during probate is a direct result of a messy estate. According to Forbes, your estate may be messy if it is going to be difficult to finalize. There...
Can you prevent adult children from fighting over a will?
No one wants to think about their loved ones or children fighting after they die. This is possible when you do not have a clear will or an estate plan. Sibling fights after a parent dies can be brutal. AARP has some advice on how to prevent a will contest. Have an...
Do you have grounds to challenge a will?
In Georgia, laws dictate who has the ability to challenge a will. Many estates go through the probate process without a will challenge. But this is not always possible. Sometimes, a person has legitimate reasons to challenge the will in question. Today we will look...