Two New Georgia In Terrorem Provisions Help Explain the Concept
We have written about Georgia in terrorem provisions before. Almost exactly three years ago, we described a then-recent court case in which two estate beneficiaries asked for authority to file a future action challenging the administration of a probate estate. The personal representative, pointing to the “no contest” (in terrorem) provision in the will, argued that […]
I’ve Decided to Put My Accounts in Joint Tenancy to Avoid Probate
We’ve written about this issue before. Don’t put your property in joint tenancy with your child (or children) as a means of avoiding probate. It’s a mistake. Talk to a lawyer. Why don’t people believe us? Though we write impassioned pieces about the problems with joint tenancy, a funny thing happens when we look at […]
Contestants Seek Declaratory Judgment on No-Contest Clause
It is hardly uncommon for family members to disagree about the validity or meaning of a will. Even when they disagree, though, few people actually go to the trouble and expense to file a formal contest. A recent will contest case in Georgia provided a different wrinkle that invites further explanation: the will contests filed […]
Young Man’s Father Secures Guardianship After Summer Visit
OCTOBER 3, 2016 VOLUME 23 NUMBER 37 Sometimes a legal proceeding in another state can help illustrate the procedures in your own state — because they are different. A guardianship case in Georgia last week is a good example. Melvin Peters (not his real name) is twenty-one years old, and he lives with his father […]