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Georgia Superior Court Could Not Sanction Probate Court Conduct

February 28, 2018

Authors

Luke Lantta

Georgia Superior Court Could Not Sanction Probate Court Conduct

February 28, 2018

by: Luke Lantta

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. 

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Former N.H. Trust Beneficiaries Not Entitled To Jury Trial

May 31, 2012

Authors

Luke Lantta

Former N.H. Trust Beneficiaries Not Entitled To Jury Trial

May 31, 2012

by: Luke Lantta

Probate court jurisdiction seems to give practitioners fits (see here and here).  The limited or specialized jurisdiction of probate courts certainly spills over into trust disputes.  In some jurisdictions, this can have far-reaching implications, such as whether a party has a right to a jury trial.

For example, in DiGaetano v. DiGaetano, the New Hampshire Supreme Court determined that several former trust beneficiaries appealing the judgment of a probate court were not entitled to a jury trial in superior court on their appeal.  It all came down to the nature of the relief sought and the jurisdiction of the original court in which the action was brought.

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The Very Limited Objections To A Petition For Year’s Support

March 12, 2012

Authors

Luke Lantta

The Very Limited Objections To A Petition For Year’s Support

March 12, 2012

by: Luke Lantta

It seems like the Georgia appellate courts are on a little bit of a run when it comes to addressing the limited jurisdiction of Georgia’s probate courts.  Interestingly enough, the latest opinion on limited probate court jurisdiction also involves a petition for year’s support.

In In re Mahmoodzadeh, the Georgia Court of Appeals explained how a probate court should handle an award of year’s support when title to the subject property is disputed.  The case highlights that when it comes to petitions for year’s support, the available objections are extremely limited.

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