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Full-Text Articles in Law

Sb 301 - Wills, Trusts, And Administration Of Estates, Morgan S. Ownbey, Paul M. Napolitano Dec 2018

Sb 301 - Wills, Trusts, And Administration Of Estates, Morgan S. Ownbey, Paul M. Napolitano

Georgia State University Law Review

The Act creates the “Revised Uniform Fiduciary Access to Digital Assets Act,” extends fiduciaries’ powers to include managing tangible property and digital assets, and provides conforming cross-references for a conservator.


Hb 121 - Property, Wills, Trusts, And Estates, Colt Burnett, Ben Dell'orto Dec 2018

Hb 121 - Property, Wills, Trusts, And Estates, Colt Burnett, Ben Dell'orto

Georgia State University Law Review

The Act amends several aspects of trust law, including updating the application of the Uniform Statutory Rule Against Perpetuities in Georgia by extending the time within which a nonvested property interest or power of appointment must vest from 90 to 360 years. The Act also allows for modifications of a trust without judicial approval in some cases. Many passages are simplified, including the calculation of compensation for a trustee, which can now be modified through different procedures. Finally, the Act codifies the role of trust directors.


The Gambler Breaks Even: Legal Malpractice In Complicated Estate Planning Cases, Martin Begleiter Dec 2003

The Gambler Breaks Even: Legal Malpractice In Complicated Estate Planning Cases, Martin Begleiter

Georgia State University Law Review

No abstract provided.


Wills Disinterment And Dna Testing: Providing For Court Orders For Disinterment And Dna Testing In Certain Cases Where The Kinship Of Any Party In Interest To A Decedent Is In Controversy, Gregory Todd Jones Sep 2002

Wills Disinterment And Dna Testing: Providing For Court Orders For Disinterment And Dna Testing In Certain Cases Where The Kinship Of Any Party In Interest To A Decedent Is In Controversy, Gregory Todd Jones

Georgia State University Law Review

The Act attempts to clear up confusion and prevent delay in the settlement of estates that had been caused by the lack of provisions in the civil law for an order to disinter for the purposes of DNA testing. The Act explicitly grants this power to Georgia's superior courts upon motion for good cause supported by specifically enumerated affidavits. Additionally, the Act provides for the dissemination of reports of findings resulting from the DNA testing and provides that the costs of testing and the provision of reports shall be borne by the moving party.


Wills, Trusts, And Administration Of Estates Wills: Effect Of A Will Lost Before The Death Of The Testator, Mary Mccall Cash Jan 1992

Wills, Trusts, And Administration Of Estates Wills: Effect Of A Will Lost Before The Death Of The Testator, Mary Mccall Cash

Georgia State University Law Review

The Act ensures that wills lost during the testator's lifetime will be treated in the same manner as wills lost after the testator's death. The Act also conforms the service of process on minors for probate in solemn form to the personal service specified in the Civil Practice Act. Finally, the Act creates a new procedure for choosing an administrator with the will annexed based on a majority in interest of the beneficiaries.


Wills, Trusts And Administration Of Estates Changes In The Law Of Wills, A. Chapar Sep 1989

Wills, Trusts And Administration Of Estates Changes In The Law Of Wills, A. Chapar

Georgia State University Law Review

The Acts provide for changes to the Georgia law of wills. HB 157 provides that the residence of decedents in the care of nursing homes at the time of death shall normally be the county of residence before the entry of the decedent into the facility. HB 257 defines uniform procedures governing appointment of a guardian over an incapacitated adult who owns real property. HB 258 permits lawfully admitted aliens to perform as executors of estates. HB 259 expands the concurrent jurisdiction of probate courts with superior courts to include the acceptance of the resignation of a trustee.