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Forgiveness May Be Available For An Untimely Caveat

January 20, 2017

Authors

Luke Lantta

Forgiveness May Be Available For An Untimely Caveat

January 20, 2017

by: Luke Lantta

It’s a new year and with it comes many resolutions. Each year, a popular resolution is to be more forgiving or to forgive someone who wronged you.  Apparently, trying to get a head start on its resolutions, on December 30, the Georgia Court of Appeals entered its opinion in In re: Estate of James Lynn Hill.  What does this have to do with forgiveness?  Remember that time we said that “in Georgia, the time to file a caveat may be short and unforgiving?”  Well, some forgiveness may be available.

An executrix filed a petition to probate a will.  Notice was sent to an heir informing him of the deadline to object.  The heir filed a caveat, but did so over a month late.  Under Read More

In Georgia, The Time To File A Caveat May Be Short And Unforgiving

August 27, 2014

Authors

Luke Lantta

In Georgia, The Time To File A Caveat May Be Short And Unforgiving

August 27, 2014

by: Luke Lantta

A recent case decided by the Georgia Court of Appeals serves as a reminder that probate court litigation often differs procedurally from other types of litigation.  So, when faced with a will contest or other probate proceeding, it’s often best to consult with someone who specializes in that type of fiduciary litigation.

In In re: Estate of Loyd, one of the heirs of Virginia Childs Loyd, Jack, tried to object to a petition to probate the will on the grounds of undue influence.  The trial court dismissed Jack’s caveat as untimely and the appellate court agreed.

After the petition to probate the will was filed, the probate court entered an order requiring certain of the heirs, including Jack, to file any objections to

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