Introduction
In a will, a person or testator expresses, in writing, what he (or she) wants done with his property after he dies. Probate is a court proceeding in which final debts are settled and legal title to property is formally passed from the deceased person to his heirs. If a person dies intestate, meaning without a will, Georgia state law determines how to distribute his property.
Estate planning can help individuals avoid conflict, preserve asset assets and minimize liability. Should conflicts arise over wills, guardianships or other probate and estate planning matters, there are a variety of means to solve such problems.
Recent Georgia Supreme Court Decisions:
- Knox et al. v. Wilson et al. (Ga. 2010) (hiers dispute over former Georgia governor's land containing valuable minerals for mininig) More Information & Full Text
- American Lien Fund LLC v. Dixon et al. (Ga. 2010) (Outlines Georgia law regarding real estate tax sales) More Information & Full Text
- Witcher, Admr. v. Jsd Properties, LLC et al. (also S10a0054) (Ga. 2010) More Information & Full Text
- Montgomery et al. v. Barrow et al. (Ga. 2010) More Information & Full Text
- Michel v. Michel (Ga. 2010) (military retirement benefits subject to equitable division by trial court) More Information & Full Text
- Stamps v. JFB Properties, LLC Et Al. (Ga. 2010) (contest between two claims to life insurance policy) More Information & Full Text
- Hood v. Todd (Ga. 2010) More Information & Full Text
- Simmons, Caveator Et Al. v. Harms, Propounder (Ga. 2010) More Information & Full Text
- Reeves et al. v. Newman et al. (also S10x0887) (Ga. 2010) (supreme court holds it is not an equity case and improperly before court on appeal) More Information & Full Text
- Morgan v. Howard (Ga. 2009) (outlines Georgia law on "virtual adoption") More Information & Full Text
Top Rated Estate Planning and Probate Resources:
Individuals may represent themselves in legal matters. Self-help should be considered when possible adverse consequences are relatively modest.
ADR Options for Estate Planning and Probate:
- Mediation: Mediation is a recommended approach to resolving legal disputes before resorting to adversarial litigation. Mediation FAQ
- Arbitration: Arbitration is generally less expensive and time consuming than traditional litigation. Georgia law authorizes arbitration of a wide range of disputes. Arbitration FAQ
- Hybrid Mediation-Arbitration: Hybrid mediation-arbitration provides parties an opportunity to reach a voluntary settlement of some or all issues in dispute followed by arbitration of issues that the parties are unable to settle voluntarily.
- Case Evaluation: Case evaluation is an alternative dispute resolution method that is useful in the early stages of litigation.
- Discovery Audits or Masters: Discovery auditing service is available for litigated cases to help resolve complex discovery issues effectively.
Find Attorneys:
Use the Center for Legal Solutions Georgia Attorney Directory to locate attorneys with experience in this subject area. See Attorneys listed on the right side of this page.
Additional Resources:
Our legal community-driven guide highlights the most relevant, timely, and useful links available.
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