Q- Received a favorable Order denying a motion in probate court. I expect an appeal. Is it 30 days to the Superior Court or straight to the Court of Appeals? The matter is “over” in probate court as a result of said Order.
Q- 12 out of 13 heirs want to sell several parcels of real property in an estate. 1 heir is being difficult and refusing to agree to sell. What can the executor do to get the sales accomplished?
Q- O.C.G.A. Section 53-6-60(b) says that the administrator is entitled to a “commission on all sums of money received by the personal representative”. Would this commission be on the total amount of a settlement or on the net- money less attorney’s fees and expenses?
Q- Client in August 2012 MVA. Settled this soft tissue case for sub 20k on January 15 2013.
Client dies for totally unrelated reasons Feb 1, 2013 but uninsured w resulting $100k hospital bill. Client NEVER signed release pre MVA but case settled for sure. Client not married and no children. Now mother getting calls from hospital re bills. Question. Concerned if I establish estate to execute release and distribute net Settlement funds the hospital will eat up any recovery from settlement via estate. Is there any way to avoid probate and legally permit mother or other “rep” to sign release? Otherwise doesn’t seem to make sense to establish estate etc.
Q- I have a client who wants to resign her position as executor of estate for health reasons and the burdens of the job. My question is, can she file the petition to discharge at the same time as the petition to resign or does the petition to resign have to be granted first and then she files the discharge? I would appreciate any insight.
Q- I have to file a motion for contempt in probate court. Does anyone have a Go By?
Q- Buy-sell agreement sets forth conditions of purchase of stock both before & after the death of the company’s principal. Agreement also states that it is binding on the heirs & PR of the principal’s estate. If none of the heirs (which group presumably includes the eventual PR) is actually a signatory to the agreement, is it binding on the heirs after the principal’s death?
Q- I have a probate client who is filing for guardianship and conservatorship of her mother (who she says is not mentally capable of making competent decisions on her own behalf) the judge has informed me that he is assigning a Guardian Ad Litem on the case and appointing an attorney for Proposed Ward and my client will have to pay the cost of these two attorneys. My client has an issue with this and is asking what Rule or code Section permits the court to pass this expense to the Petitioner. I have in other counties had my client pay the court fee up front and never challenged it because the information and fees were clear online. This Probate Court does not have the same computer advancements and my client is refusing to pay the court fees. I have looked and the only Code section I found was OCGA §29-9-15 which states:
“Any legal counsel or guardian ad litem who is appointed by the court in a guardianship or conservatorship proceeding shall be awarded reasonable fees commensurate with the tasks performed and time devoted to the proceedings, including any appeals.”
However, this does not address what gives the Judge or Court authority to pass this expense to the Petitioner. If anyone knows of the specific Probate Court Rule or Code Section I would greatly appreciate your assistance. To be honest I just never had any one question the court fees before.
Q- I have a probate case wherein the Defendant filed a de novo appeal to the Superior Court. The Defendant (executor) took a substantial amount of money from the heirs and I wanted to know if there was a motion, I could file requesting the Defendant to post a bond?
Q- Does the CPA apply in probate court?
Q- I have wrongful death case where the funeral home apparently made an error on the death certificate — writing someone’s name as being the father when that person was not the father. It happened in DeKalb County, and I’d like to correct the death certificate. Anyone been down this road before?
Q- I do not ordinarily practice before probate courts in Georgia.
Do these courts provide court reporters? Or, must we arrive at hearing bringing with us our own court reporter? Are the proceeding otherwise recorded?
Q.- why not just probate the Will in Pennsylvania and get your Letters Testamentary from
the court there … I can’t think of anything the executor could not do in GA just because
his\her letters are from another state…
Q- Does anyone have a petition to set up ancillary proceedings here in GA for an estate case? I had to set up an estate in Maine, and now I need to initiate proceedings here in GA for related estate administration matters. Thanks in advance.