Skip to contentHave you ever known families engaged in will contests because (a) the will is believed to be a forgery; (b) the testator of the will was not of sound mind at the time he executed it; or (c) the testator was unduly influenced or coerced into signing the will? Or perhaps the will was not …
Read More Family Settlement Agreements
Our firm has seen an increase in the frequency of complaints about a fiduciary (an executor of an estate or a trustee of a trust) self-dealing in the estate or trust property. For example, this may occur when such fiduciary purchases property belonging to the estate or trust at less than fair market value. The …
Read More Voiding A Self-Dealing Transaction By An Executor Or Trustee
To validly execute a will, a testator must possess what is referred to as “testamentary capacity.” Generally speaking, testamentary capacity is the legal and mental ability to make or alter a valid will. What constitutes testamentary capacity differs from state to state. In Georgia, pursuant to O.C.G.A. § 53-4-10(a), any individual 14 and older may …
Read More What is testamentary capacity?
Probate is the legal process by which a will is proven in court as a valid public document that is the last testament of the decedent. To begin the process of probate, the will must first be “offered” to the court by a party with the power to do so. Under O.C.G.A. § 53-5-2, the …
Read More Who can offer a will for probate in Georgia?
