Archive for January, 2008
Craig M. Frankel speaks to probate judges about the Georgia Civil Practice Act
Craig Frankel gave a presentation today to the Probate Court judges of Georgia that summarized and explained how the Georgia Civil Practice Act (i.e., the rules for trials) apply to probate and estate disputes. The following is the power point presentation that he used to explain the rules to the judges. Trouble viewing this presentation?…
Biggers v. Crook – Joint tenancy with right of survivorship
A man and his sister inherited land from their mother. They owned the property as joint tenants with a right of survivorship (meaning that upon the death of one of them the survivor would inherit the other’s interest and thus own the property outright). When the man borrowed money from his sister-in-law, he executed a…
Estate of Christiansen v. Comm’r – Charitable lead trusts and disclaimers (U.S. Tax Court)
In this complex case decided by the United States Tax Court, a woman left her entire estate to her only daughter. The daughter disclaimed (renounced) a portion of the estate assets. The will provided that any disclaimed assets would pass in part to a charitable foundation and in part to a charitable trust that would…
Morrison v. Morrison – Caveat claiming undue influence and revocation
The caveators, sons of the testator, raised claims of undue influence and revocation. The undue influence claim was based on the role the executor, another son, played in selecting the attorney who drafted his father’s 1998 will and his alleged participation in preparing the will. The trial court excluded much evidence the caveators attempted to…
Smith v. Wyatt – Presumption of the probate court’s correctness in the absence of a hearing transcript
The decedent’s sister filed a caveat alleging that the decedent lacked testamentary capacity and had been unduly influenced by the executor. The caveat also claimed that the person named as sole heir was neither the natural nor adopted child of the decedent, thereby making the caveator the decedent’s sole heir-at-law. After a hearing that was…
What is a Will Contest?
A will contest (called a caveat in Georgia) ensues when someone brings a legal challenge to a will filed for probate. When probate is initiated, the probate court allows interested parties an opportunity to object to the will. The challenger (called a caveator in Georgia) seeks to overturn the entire will or one or more…