Honeycutt v. Honeycutt - Effect of a divorce on a will and codicil
Posted: August 21st, 2008 by Gaslowitz Frankel LLCIn 1988, a man executed a will leaving his estate to his wife and also naming her executor. They divorced in 1995. Eight years later, the man executed a codicil (amendment) to his will, stating that each of his surviving children would receive $500, and that otherwise the will remained in force. After the man died, his former wife probated the will, but one of the children filed a caveat (a challenge to the will) contending that the divorce revoked all provisions for the former wife in the will, and that the codicil did not revive those provisions. The probate court agreed, ruling that under Georgia law a divorced spouse is treated as if she predeceased the testator, and thus the estate should be divided equally among the man’s surviving children.
After legal proceedings in superior court, the Georgia Supreme Court reversed the probate court, holding that the divorce had no effect on the will. Though the codicil did not use specific words like “republish” or “revive” or “reaffirm” regarding the will, it unequivocally identified the will, and so there was a presumption that at the time he executed the codicil, the man knew and understood the provisions of his will. The language of the codicil made it plain that the will leaving the estate to his former wife was to be given effect.
2008 WL 2563507 (Ga. 2008)
| Related News | Codicil, Revocation, Will Disputes, Will and Estate Disputes |
Luther v. Luther - Revocation of power of attorney
Posted: August 21st, 2008 by Gaslowitz Frankel LLCIn 2003, a mother named one of her daughters to act on her behalf under both a Durable Power of Attorney and a Durable Power of Attorney for Health Care. By early 2006, when the mother was suffering from Alzheimer’s, the daughter arranged for in-home care. Later that year, the mother’s three other children forcibly took her from her home, arranged for her to sign a “Revocation of Power of Attorney,” took her to the bank to close her accounts, and then transported her out of state. At an emergency hearing that included testimony from doctors about the mother’s incompetence, the trial court ordered the other children to return the mother to her home in Georgia. Later the trial court issued a final order ruling that the other children may not interfere with the mother’s care and declaring that the revocation was void. The other children appealed. The Court of Appeals ruled1 that refusing to allow the mother to testify at a later hearing was justified, given the evidence of her incapacity; it upheld the trial court’s decision not to appoint a guardian ad litem, since the mother’s interests were fully protected by her daughter; and it upheld the trial court rulings on issues of equitable relief and parties in interest. The Court of Appeals also found that the trial court’s order prohibiting the children from interfering in any of the financial and personal affairs of the mother was warranted, given their earlier actions.
1 2008 WL 256986 (Ga. App. 2008)
| Related News | Civil Appeals, Power of Attorney (POA), Revocation |
Squire Sanders Sues Lawyer’s Estate for Loan Repayment • Law.com
Posted: August 13th, 2008 by Gaslowitz Frankel LLCFrom Law.com:
Squire Sanders Sues Lawyer’s Estate for Loan Repayment
| Related News | Will and Estate Disputes |
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