Contested Estates & Caveats
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Estate Issues Often Contested In Probate Courts:
Validity of a Will
Appointment of Administrator
An objection to a Petition for Year’s Support typically brings into question (1) whether the petitioner is in fact the spouse or child of the decedent, and (2) whether the amount requested is in excess of that to which the petitioner is entitled under the law.
Objections in the Georgia probate courts, called “caveats,” can be difficult to prosecute or defend against. Georgia law prescribes timeframes and deadlines for certain caveats; if such caveats are not properly filed with the court before the deadline, the objection could be forever waived. A caveat can slow an estate proceeding and require that the parties participate in the process of exchanging evidence, called discovery. Discovery may include requesting and producing documents or depositions of witnesses. Some caveats are intensely factual in nature and may require extensive evidence to prove, or defend against, the grounds of the objection. Caveats may cause the necessity of other motions and proceedings to take place before the caveats reach a final hearing before the judge.
If you believe that an objection needs to be made in an estate proceeding, consult with our attorneys to discuss your rights and the procedure for properly asserting your objection.