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The Hughes Law

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Breach of fiduciary duty in probate: What heirs and beneficiaries should know

Personal representatives of an estate have important responsibilities. As fiduciaries, they must act in the best interests of the estate and its beneficiaries, not their own. They must uphold various fiduciary duties under Georgia law. But what happens when they don’t? Here’s what you need...
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When do you need to hire a probate lawyer in Georgia?

While Georgia law allows individuals to handle probate themselves, in many cases, hiring a probate lawyer is the smartest move you can make. This is especially true if the estate is complex, contested, or involves significant assets. A probate attorney can help you avoid costly...
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Mental incapacity

Mental incapacity and undue influence in Georgia will contests

In Georgia, a will may be invalidated if the testator didn’t have the mental capacity to understand the nature of their decisions or was unduly influenced by another person to the extent that their free will was overridden. These two legal grounds – mental incapacity...
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Essential Probate Documents

Georgia probate checklist: Documents you need for a successful case

The probate court in Georgia requires careful preparation, including correctly filing specific forms and supporting documents. These documents will differ depending on the nature of the case and whether it’s contested or uncontested. This checklist outlines documents you may need to file, ideally with the...
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Probate Dispute

Addressing heirship and inheritance disputes during probate

Probate can be tough. It gets even tougher when there’s no will, or when family members disagree about who’s related to the deceased. These disputes often revolve around heirship – the legal term for family relationships. When someone dies without a will, Georgia law determines...
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Probate

What Goes Through Probate?

Probate is an essential legal process. While it might seem complex and daunting, understanding what goes through probate can significantly aid in planning to protect your assets and provide clarity for your loved ones. Understanding probate Probate is a court-supervised process. It verifies the validity...
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