Probate and Estate Disputes

When a person dies, he or she leaves behind property and assets that need to be managed and distributed for the benefit of the decedent’s family and beneficiaries. If the decedent left a written document setting out his or her intentions, called a last will and testament, that document controls how his or her assets will be distributed. If the decedent does not leave behind a last will and testament, there are state laws that control the distribution of his or her assets. In either case, a lawyer is needed to assist in the probating of the will and administering the estate, including the filing or appropriate documents in the Probate Court and the preparation of tax returns. Gaslowitz Frankel LLC has extensive experience in probate and estate administration and in recognizing and solving the problems that often arise during the process.

Legal News & Firm Updates

Land v. Burkhalter - Witnesses to a will

Posted: April 3rd, 2009 by Gaslowitz Frankel LLC



Three persons attempted to witness a will.  One of them, a notary, signed on a line that was reserved for witnesses and also signed as a notary.  The notary signed in the presence of the testator (the person who made the will); the second witness also signed in the testator’s presence; the third witness, however, signed the will in another room.  Georgia law requires that a will be attested by two witnesses in the presence of the testator.  A notary may not sign as both a notary and a witness, but since the will did not need to be notarized, the notary’s signature was valid as a witness signature, and the Supreme Court held that the will was executed properly. 

283 Ga. 54 (2008) 

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