2010 Georgia Code 53-1-10 Case Law
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One Click Case Law for § 53-1-10
O.C.G.A. § 53-1-1 <-- --> O.C.G.A. §53-1-11



2010 Georgia Code

TITLE 53 - WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES

CHAPTER 1 - GENERAL PROVISIONS
ARTICLE 2 - ADVANCEMENTS
§ 53-1-10 - (Revised Probate Code of 1998) Lifetime transfers

O.C.G.A. 53-1-10 (2010)
53-1-10. (Revised Probate Code of 1998) Lifetime transfers


(a) A lifetime transfer to a beneficiary of property that is the subject of a specific testamentary gift is treated as a satisfaction if it is shown pursuant to the provisions of subsection (c) of this Code section that the transfer is intended to satisfy the testamentary gift.

(b) A lifetime transfer of money or other property to a prospective heir or to the beneficiary of a demonstrative, general, or residuary testamentary gift is treated as an advancement if it is shown pursuant to the provisions of subsection (c) of this Code section that the transfer is intended to be a part of the share that the heir would inherit by intestacy or the beneficiary would take under the transferor's will.

(c) The intent to treat a lifetime transfer as a satisfaction or an advancement is shown only if the will provides for the deduction of the lifetime transfer or its value or if the satisfaction or advancement is declared in a writing signed by the transferor within 30 days of making the transfer or acknowledged in a writing signed by the recipient at any time.

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Graham W. Syfert, Esq., P.A.
Phone: 904-383-7448
Fax: 904-638-4726

graham@syfert.com