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  • In Re Estate of McLendon

    Publication Date: 2021-04-23
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: William Tiku, (Tiku & Associates PC), Marietta, for appellant.
    for defendant: John Neville, (Neville & Cunat, LLP), Cumming, for appellee. Harold McLendon, Temple, Carrie Trotter, (Attorney at Law), Cartersville, for other party.
    Case Number: A21A0325

    Court Upholds Probate Court's Conclusion That Testimony of Witnesses to the Will Did Not Overcome Presumption of Validity

  • Houston et al. v. James

    Publication Date: 2021-03-25
    Practice Area: Real Estate | Trusts and Estates
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Julie Liberman, (Julie A. Liberman, LLC), Decatur, James Tramel, Elaine Nietmann, (Attorney at Law), Lilburn, Brunswick, for appellant.
    for defendant: Michael Cummings, (Michael H. Cummings II, LLC), Clayton, for appellee.
    Case Number: A20A1689

    Court reverses summary judgment order, finding that questions of fact existed as to whether a son had prescriptive title to a deceased father's property

  • Bowen et al. v. Savoy et al.

    Publication Date: 2021-03-01
    Practice Area: Civil Procedure | Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Patrick McKee, (Law Office of Patrick W. McKee, LLC), Newnan, for appellant.
    for defendant: Robert Carlson, Lauren Miller, (Caldwell, Carlson, Elliott & DeLoach LLP), Atlanta, for appellee.
    Case Number: A18A1001

    Court reverses denial of a motion to set aside default after concluding that defendants established a meritorious defense to the plaintiff's allegations

  • In Re Estate of Leon Brown

    Publication Date: 2020-12-30
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: Linda Glover, Griffin, for appellant.
    for defendant: Ann Herrera, (Russell & Herrera, P.C.), Decatur, for appellee.
    Case Number: A20A1976

    Probate Court Had Jurisdiction to Appoint Administrator of Estate of Decedent/Conservatee Who Resided in Different County

  • In Re Estate of Leon Brown

    Publication Date: 2020-12-28
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: Linda Glover, Griffin, for appellant.
    for defendant: Ann Herrera, (Russell & Herrera, P.C.), Decatur, for appellee.
    Case Number: A20A1976

    Court affirms appointment of decedent's guardian as administrator of his estate over jurisdictional challenge from decedent's heirs

  • Law Journal Press | Digital Book

    Library of Pennsylvania Family Law Forms, Fourth Edition

    Authors: Joseph S. Britton

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  • Cynthia S. Barry v. Thomas S. Barry, III et al.

    Publication Date: 2020-12-11
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: James Blitch, (Blitch Law, PC), Atlanta, Edward Tolley, (Attorney at Law), Athens, Devin Smith, Edward Tolley, (Cook & Tolley LLP), Athens, for appellant.
    for defendant: Eddy Corn, (E A Corn, LLC), Hiawassee, James Tittle, (Attorney at Law), West Palm Beach, Daniel Duello, (Law Office of Daniel R. Duello), Blairsville, William Mercer, (William K. Mercer Jr PC), Blairsville, for appellee.
    Case Number: A20A0839

    Court affirms ruling that an heir forfeited her beneficial interests in a will and trust pursuant to in terrorem clauses as a result of her bad faith efforts to prevent probate

  • Morton v. Pitts, et al.

    Publication Date: 2020-12-10
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: Lisa Taylor, (Durham Taylor LLC), Statham, Alexander Hart, (Hall Williamson & Hart, PC), Albany, for appellant.
    for defendant: Jesse Bowles, (Attorney at Law), Cuthbert, for appellee.
    Case Number: A20A1241

    Trial Court Failed its Statutory Duty to Order Property Appraisal in Partition Action

  • In Re Estate of Jewel H. Penland

    Publication Date: 2020-12-07
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Timothy King, Christina Cason, (Hodges, McEachern & King), Peachtree City, for appellant.
    for defendant: Cater Thompson, (Jones Cork & Miller), Macon, for appellee. F. Wilson, (Attorney at Law), Macon, for other party.
    Case Number: A20A0998

    Probate Court Erred in Ruling That Estate Beneficiary/Co-Executor Violated In Terrorem Clause in His Mother's Will by Failing to Make Certain Required Distributions

  • Cates v. Brown

    Publication Date: 2020-11-25
    Practice Area: Civil Appeals | Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Reese
    Attorneys: For plaintiff: Alan Perry, (Page Perry), Atlanta, for appellant.
    for defendant: Gregory Lancaster, (Attorney at Law), Buford, for appellee.
    Case Number: A20A1088

    Court affirms jury verdict and judgment on an unjust enrichment claim over challenges from estate administrator involving unmarried status of claimant

  • In Re Estate of George Thomas Cornett, Jr.

    Publication Date: 2020-11-24
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Reese
    Attorneys: For plaintiff: Daniel Diffley, Marguerite Miller, (Alston & Bird, LLP), Atlanta, for appellant.
    for defendant: Theodore Welch, Theodore Welch, (Stillman Welch LLC), Atlanta, Spence Johnson, (Johnson Marlowe LLP), Athens, for appellee.
    Case Number: A20A0856

    Court affirms removal of successor executor of an estate following probate court findings of mismanagement and dissipation of estate assets