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When a person dies without a Will, the probate court will appoint a person to administer the estate. This person is known as an administrator. In Georgia, the court will typically appoint an administrator from the following people: the first entitled is the surviving spouse; then an heir selected by the majority of all heirs; any other eligible person; any creditor of the estate; or a county administrator. O.C.G.A. § 53-6-20. Since the probate court appoints the administrator, an heir cannot simply fire her. Similar to an objection to an executor, a beneficiary can object to the administrator if the… Read More

When a person creates a Will, he or she selects a person to manage the estate. This person is known as the Executor of the estate. In some cases this person is referred to as the Personal Representative of the estate. Upon the death of the person, the probate judge will appoint the Executor named in the Will. Although the Executor must act in the best interest of any beneficiary under the Will, the beneficiary does not chose the Executor and therefore cannot fire her. This brings up the question: What can a beneficiary do if they do not agree… Read More

Upon the death of a person, an estate is administered according to the terms of a Will. However, in many cases, the loved one will pass away without leaving a Will. Such a scenario obviously brings up the question about how the loved one’s estate will be distributed. To answer the question, Georgia courts have developed what is called intestacy proceedings. Intestacy proceedings determine (a) what parts of the estate will be distributed and (b) where it will go. The State of Georgia has a specific set of rules for when a loved one dies without a Will. This is… Read More

Upon the death of a person, the assets of an estate are typically distributed according to the terms of a Will. However, a person interested in the distribution of the estate can sometimes challenge the Will on the grounds that it is invalid. Such a challenge is known as a Will caveat. A Will caveat can be filed only under certain circumstances. For instance, an interested party cannot merely argue that a Will is invalid because he or she is unhappy with what they are set to receive under the Will. Rather, Georgia law explains that Will caveats are appropriate… Read More

Drunk driving can lead to disastrous results. To help prevent drunk driving, many states implemented laws called Dram Shop laws. These laws place some responsibility for drunk driving accidents on the shoulders of those who enable the driver to get behind the wheel in an intoxicated state. When someone is injured or killed in a drunk driving accident, it is important to hold liable parties responsible in court. Such liability means that victims can be compensated for their injuries and damages, to defray the costs of medical expenses, property damage and other expensive results. A personal injury and auto accident… Read More

As an attorney, it makes me shudder when someone dies without a will. The deceased passed up a chance to have his or her wishes reflected, missed opportunities to minimize court intervention, and lost the opportunity to avoid any potential estate taxes. For the most part, dying without a will costs more than dying with a will. When a person dies without a will, they are said to be “intestate”. Under the Georgia Code, an intestate person’s estate must be distributed by certain rules. Note, these rules are not flexible and do not into the account what the deceased would… Read More

I am an Atlanta attorney focusing on wills, trusts, and estates issues and this blog will be a way for me to share my thoughts about this practice.