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Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

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Friday, August 29, 2014

Understanding Probate Court Litigation

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A recent case decided by the Georgia Court of Appeals serves as an important reminder that probate court litigation differs procedurally from other types of litigation.  Thus, when confronted with a will contest or other probate proceeding, it is best to consult with someone who specializes in that type of fiduciary litigation. 

In In re Estate of Loyd, an heir of Virginia Childs Loyd, Jack attempted to object to a petition to probate the will on grounds of undue influence.  The trial court dismissed Jack’s caveat as untimely and the appellate court subsequently agreed. 

After the petition to probate the will was filed, the probate court ordered heirs to file any objections to the petition within 13 days.  The executor sought to dismiss Jack’s caveat as untimely and it was dismissed because Jack missed the deadline. 

Although this was a short amount of time to answer, the court was persuaded by Jack’s argument that he was away from his residence and had no actual knowledge of the petition.  He was therefore barred from challenging the will.

See Luke Lantta, In Georgia, The Time to File A Caveat May Be Short And Unforgiving, Brian Cave Litigation, Aug. 27, 2014.

http://lawprofessors.typepad.com/trusts_estates_prof/2014/08/understanding-probate-court-litigation.html

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Comments

The court was persuaded....so he was barred from challenging the will?

Now I have to actually read the case. Thanks.

Posted by: steve | Aug 29, 2014 9:59:49 PM

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