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When Military Wills Do Not Contemplate Future-Born Children

Estate planning probably isn’t high on the priority list for many 20-year-olds, even if they are 20-year-olds serving in uniform. While the Armed Forces may make it easy for those serving our country to get a will, these...more

If It’s Not In The Will, Does It Matter What The Testator Wants?

If you want someone to get your money or property when you die, why don’t you just say so? The case reporters are thick with stories of testators who left money or property to one person with the supposed ‘understanding’ or...more

Need Another Reason To Avoid Mixing Family & Finances?

You have a big heart and a little bit of money. You want to help out a cash-strapped family member, and – “because you’re family” – you don’t put down how much you’ll loan or how it’ll be paid back. ...more

Transferring Property To A Trust: It’s Not What You Meant, It’s What You Said

When we put pen to paper, sometimes the words don’t come out right. If that happens, hopefully there’s an opportunity to explain what we meant. For example, we have seen how scrivenor’s errors can be explained. But, for the...more

Guardians Should Guard Against Claims Of Undue Influence

A guardian‘s job requires that the guardian be involved in the affairs of the ward. In turn, the ward likely is going to be dependent on and trust the guardian. Chances are – because Georgia sets an order of preference for...more

Beware The Constructive Trust When Relying On ‘Informal’ Estate Distributions

We like when families can work out their estate disputes outside of the courtroom. Georgia, for one, embraces the “family settlement doctrine,” where heirs at law can agree to distribute or divide property devised under a...more

House Held In Trust Lost Marital Asset Status

In the afterglow of a wedding, the spouses probably don’t immediately start thinking how the bliss they feel may end spectacularly and expensively. Chances are they may even start estate planning, thinking how they can...more

Giving Away What You Don’t Know You Have

Under Georgia law, the standard for testamentary capacity requires that a testator remember generally what property is subject to the will’s disposition. You don’t have to know every dollar, where it is, or all your personal...more

Filing Trust Modification As Public Record Started Statute Of Limitations

Fiduciaries should always be thinking of ways to get the statute of limitations started. Why have a claim hanging over your head for many years, when you can take actions that shorten the time in which a claim may be brought...more

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