Does an Executor Have to Follow the Will? What Happens If He Doesn’t?
Georgia Probate Law Group Blog
by Erik J. Broel
3w ago
A will is one of the core documents of a deceased person’s estate—it allows everyone to know the decedent’s last and final wishes. Basically, the executor has the legal obligation to ensure that those wishes are fulfilled according to the law, being responsible for taking care of the late person’s remaining legal and financial obligations. At the same time, the executor must be aware of what happens if a will is not followed. Generally, a properly drafted document will leave specific instructions for the executor to follow to settle the estate. Unfortunately, not all personal repres ..read more
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Should You Sign an Acknowledgement of Service and Assent to Probate Instanter?
Georgia Probate Law Group Blog
by Erik J. Broel
1M ago
For so many people, the loss of a loved one or a family member is a moment characterized by complex emotions, and the idea of probate becomes a daunting thought. Did the deceased leave a will where he clearly mentions who the beneficiaries of his inheritance are and names an executor to fulfil his last wishes? Should I call a lawyer? Do I have specific deadlines that I must respect in the probate process? What is “Acknowledgement of Service and Assent to Probate Instanter”? Do I need one? And what are the next steps? In this post, we’ll help you understand what instanter means, when the Ackno ..read more
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Executor of Will Powers. What an Executor Cannot Do?
Georgia Probate Law Group Blog
by Erik J. Broel
1M ago
In the complex probate process, an executor plays a vital and nuanced role. The personal representative appointed by the deceased person is responsible for paying the decedent’s debts and distributing inheritances to the beneficiaries as stated in the late person’s will, ensuring that the assets are distributed correctly and by state laws. But maybe you will ask yourself, “What power does an executor of a will have?” And what cannot he do? Can an executor decide who gets what? In this article, we aim to provide a good understanding of the role of an executor of a will, the powers th ..read more
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If a Parent Dies Without a Will, Who Gets the House in Georgia?
Georgia Probate Law Group Blog
by Erik J. Broel
3M ago
The death of a parent can be emotionally devastating. If the parent passes away without a testament to establish how to distribute his possessions clearly, the confusion and trauma can be even more profound. One of the most frequently asked questions we receive is, “What is a child entitled to when a parent dies without a will in Georgia”? A testament appoints an executor to manage and distribute the assets of a deceased person to beneficiaries and helps prevent disputes between them. But if a parent dies without a will, or the testament is invalid, the rules of the state’s intestate successi ..read more
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What Power Does a Personal Representative Have? And What to Do If They Mismanage the Estate
Georgia Probate Law Group Blog
by Erik J. Broel
3M ago
Disputes happen during probate when the person entrusted with the decedent’s estate — the personal representative — is suspected of mishandling the estate. If you’re one of the beneficiaries, you may think the personal representative is unfit for the role or acting in their best interests. Or worse, you may have discovered they deliberately withheld information or lied about transactions. In any of these cases, it is best to seek assistance from an experienced probate attorney to help you settle matters professionally. In this article, we’ll talk about the duties of a personal repre ..read more
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What Is the Difference Between an Executor, Administrator, and Personal Representative?
Georgia Probate Law Group Blog
by Erik J. Broel
3M ago
After the death of a loved one, you will always hear words like executors, personal representatives, and administrators. If you are in the position of managing the deceased person’s assets, you may be wondering what each of these three terms means. What are the duties of a personal representative vs executor? Or what is the difference between an executor and an administrator? Probate law has many unusual terms that are unique to this area of legislation. All the titles mentioned above essentially refer to a person appointed by the court to administer the deceased’s estate. In this article, we ..read more
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How Are Beneficiaries Paid from a Will? When Does the Executor Pay Them?
Georgia Probate Law Group Blog
by Erik J. Broel
4M ago
Often, the heirs of a deceased person wonder how long does the executor have to pay the beneficiaries. However, you should know that several factors – such as the complexity of the estate, the deceased’s debts, estate taxes, and any legal issues – influence the timing of the distribution of assets. What are the duties of an executor? What steps need to be completed before receiving your share of an inheritance? And how long does the whole estate administration process take? These are just some of the questions we answer in this article. The Main Responsibilities of An Executor in Georgia If y ..read more
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