One goal of many Georgia residents when it comes to estate planning is to limit or eliminate the chances of fighting among surviving family members after they pass away. In many cases, a last will and testament will only get them part of the way to that goal. A revocable living trust could increase the chances of avoiding probate litigation.
Many Georgia residents give to charities, non-profits and other organizations whose work they believe in during their lives. Estate planning also allows them to be just as charitable after death. However, some heirs and beneficiaries might not be happy with or understand those choices, which could lead to probate litigation.
Sources estimate that approximately 50 percent of Americans, including many here in Georgia, die without a will. Few people are comfortable contemplating their own deaths and, as such, fail to create an estate plan in time or fail to update an old one. This lack of planning could result in probate litigation as surviving family members argue over the estate left behind, creditors come calling and tax issues arise.
Even the most carefully crafted estate plan can be challenged after the death of a loved one. Heirs and beneficiaries can say that they understand the decisions a Georgia resident makes when crafting an estate plan, but after that person's death, they might feel differently. When disputes arise regarding the will, probate litigation might be filed in order contest it.
When a person in Georgia dies, there is a legal process that follows in which that person's property is transferred. Known as probate, the laws and customs pertaining to the process may have changed slightly over time, but the basic purpose has nonetheless remained very much the same. People formalize their intentions for the transfer of their property's when they die in a will. The property is then collected, debts -- if any -- are paid from the estate, and, finally, the property is then distributed. Probate litigation occurs when a part of this process is contested.
By now, nearly everyone in Georgia is aware that singer and songwriter Prince died without a will. This is causing a large number of people to come forward either claiming to be related to him or claiming that he promised or owes them money. The probate litigation surrounding his estate could last for a considerable amount of time.
One of the most crucial steps that any Georgia resident can take in planning for his or her financial health is that of estate planning. Estate administration and planning ensures that the individual's final wishes for health care and property are honored. It also ensures that loved ones will be adequately provided for in the individual's absence.
Some families in Georgia may find it difficult to resolve disputes regarding contested wills of deceased loved ones. When a portion or all aspects of a Last Will and Testament are contested, what follows is often an emotionally-charged battle between two or more persons. In many situations, those involved turn to the court through probate litigation, seeking resolutions to problems they have been unable to solve on their own.
Many times, certain provisions, or all, of a last will and testament may be contested by one or more parties. In such cases, the matter may be resolved through probate litigation. There are various grounds on which a will in Georgia can be contested. It is important to seek clarification on the laws and regulations that govern such matters before proceeding to court.
Georgia estate owners and their families may find themselves facing legal challenges even before a benefactor's time of death occurs. In a current ongoing situation, a woman has entered probate litigation regarding her former position as health-care agent to tycoon, Sumner Redstone. She filed the lawsuit after she was thrown out of the media baron's home.