Trust BCLP

Trust BCLP

ARCHIVE

Main Content

Georgia Superior Court Could Not Sanction Probate Court Conduct

February 28, 2018

Authored by:

Categories

Probate court practice can be quirky, fraught with procedural peculiarities and appellate traps for those who do not regularly practice there.  Appeals from a Georgia county probate court to that county’s superior court – an appellate process that does not apply to every probate court in Georgia but only to those in certain counties – is one arena in which these quirks frequently arise.  Often, the issues relate to jurisdiction between the two courts.  In McNair v. McNair, the Georgia Court of Appeals addressed a superior court’s authority to impose sanctions for conduct that occurred in probate court proceedings in the same case but prior to the appeal to superior court.

The short answer?  It can’t.

Estate disputes are among the most hotly contested disputes for myriad reasons, not the least of which is they often involve family.  So, it’s not

Chambers Global 2018

Chambers Global 2018

February 15, 2018

Authored by: Tiffany McKenzie

Chambers & Partners has recognized London Partner, Dyke Arboneaux,  in the Chambers Global 2018 guide.

Arboneaux is ranked globally in Band 3 for her international private client work. She also is recognized as a foreign expert based in the UK for her work in the USA Tax section of the guide. The publication notes that one source praised Arboneaux’s “broad expertise and experience.”

For more information about Chambers and Partners, visit their website at www.chambersandpartners.com.

Howard and Glosier Accepted into STEP

February 7, 2018

Categories

Associates, Brent Howard, Atlanta,  and Linsey Glosier, Denver/St.Louis, were accepted into the Society of Trust and Estate Practitioners (STEP). STEP is a global professional association for practitioners who specialize in family inheritance and succession planning.

When Military Wills Do Not Contemplate Future-Born Children

February 7, 2018

Authored by:

Categories

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 testators may need to be reminded to update those wills they executed as certain life events occur, like getting married or having children.  So it was in Hobbs v. Winfield, where the Georgia Supreme Court determined that the military will executed by a 20-year-old did not contemplate the birth of future children and, therefore, the birth of those children revoked his will.

At 20-years-old, while serving in the military, the testator executed a will.  The will named the testator’s mother as his sole beneficiary and personal representative, and, if his mother predeceased him, his ‘grandmother’ was the successor beneficiary and personal representative.  The testator then had the first

The attorneys of Bryan Cave LLP make this site available to you only for the educational purposes of imparting general information and a general understanding of the law. This site does not offer specific legal advice. Your use of this site does not create an attorney-client relationship between you and Bryan Cave LLP or any of its attorneys. Do not use this site as a substitute for specific legal advice from a licensed attorney. Much of the information on this site is based upon preliminary discussions in the absence of definitive advice or policy statements and therefore may change as soon as more definitive advice is available. Please review our full disclaimer.