A Georgia estate attorney naturally is asked a lot of questions about the obligations of personal representatives. In my previous blog post, I addressed the personal representative’s obligation to file an inventory and annual returns with the probate court, the ability of the heirs or a Will to waive those obligations, and the confusion created by the applicable Georgia statutes. In this part, I explain that, despite waivers in a Will or by the heirs, the personal representative is almost always obligated to report to the heirs at least annually. As I wrote in my previous post, O.C.G.A. § 53-7-68 and 53-7-69 provide for a waiver of the personal representative’s requirement to provide annual returns to either the heirs or the court, or both. I also noted there that similar statutes apply to inventories but may actually waive the inventory obligation entirely. Therefore, it is possible for a personal representative to avoid the obligation of providing any information to the heirs. But as a practical matter, I rarely see a Will waive an executor’s obligation to report to the heirs, and I never see heirs waive the same. The language of a waiver in a Will is almost always restricted… [Read More]
Georgia Estate Dispute: Avoid One with Communication
What should you do when there is trouble brewing in your family regarding an estate matter in Georgia? Should you stay quiet and hope the dispute never erupts? Should you head off a dispute by telling everyone else how things ought to be done. The New York Times recently published a Q&A with Sheila Heen (“Negotiating Conflicts, Part 5: A Tug of Wills“). Ms. Heen is a negotiations and communications expert and faculty member at Harvard Law School, that emphasizes one major theme: communicate your concerns before it is too late. Estates are uncomfortable topics. To most, asking a parent about his estate probably seems cynical and self-serving. Even close siblings often have a difficult time discussing with each other what to do about their parents’ estates (who should do what, who should get what, etc.). However, failing to address valid concerns sooner may cost the family time and money fighting over those concerns later. There are a variety of smart, healthy ways to break the ice on such a difficult topic. If you are concerned about how things will play out in your family, don’t be afraid to let someone know. If you are too uncomfortable to say something… [Read More]
