MEMBERSHIP
Altanta Bar CLE : A Conversation with Probate Judges ___________________________________________________________
DEBORAH S . EBEL Ebel Family Law LLC debel @ ebelfamilylaw . com
The Estate Planning and Probate Section (“ Probate Section ”) of the Atlanta Bar Association (“ ABA ”) assists attorneys who specialize in estate planning , probate , guardianships , and conservatorships . As part of this effort , on April 27 , 2023 , the Atlanta Bar hosted a webinar , titled “ A Conversation with Probate Judges ,” at which six Probate Judges from various Atlanta metropolitan Courts fielded a wide variety of questions , largely from members of the Probate Section . The Judges present were Hon . Kenya Johnson ( Chief Judge , Fulton County Probate Court ); Hon . Angela Langaard ( Associate Judge , Fayette County Probate Court ); Hon . Daisy Weeks-Marisko ( Forsyth County Probate Court ); Hon . Kelli Wolk ( Cobb County Probate Court ); Hon . Christopher Ballar ( Gwinnett County Probate Court ); and Hon . Keith Wood ( Cherokee County Probate Court ).
The moderators for this webinar were Robert C . Port ( Gaslowitz Frankel LLC ) and Kevin T . O ’ Sullivan ( Cohen Pollock Merlin Turner PC ).
Questions for the panel of Probate Court Judges were prepared and asked largely by members of the Probate Section . A sampling of the questions asked is as follows :
• How do the Probate Judges inform themselves regarding the cases pending ?
• How do the Probate Judges deal with the party or client calling the Probate Court directly , as opposed to letting their lawyers make those calls ?
• Which of the Probate Courts in the Atlanta metropolitan area require e-filing , or allow e-filing , and what happens with the documents like wills , codicils , and surety bonds , originals of which must be produced when these are probated ?
• Is there any effort to have uniform rules on e-filing for all Probate Courts in Georgia ?
• How do the various filing fees in the various Courts impact the ability , or lack thereof , to offer e-filing , since often the number of pages affects the fees assessed ?
• If a Probate Court does not use e-filing , how does a probate lawyer or pro se client expedite the case if necessary , such as if a foreclosure is imminent or an emergency guardianship is needed ?
• When should probate lawyers bring their clients to court with them ?
• What are the common errors in pleadings that are filed , such as failing to attach exhibits , having contradictions between the will and the death certificate , use of qualifiers as opposed to definitive statements , etc .?
• What are the practicing probate lawyers doing right ?
• Do the Probate Judges need more Guardians ad Litem ?
• When do the Probate Judges utilize remote versus in-person proceedings ?
• Which Probate Judges require mediation , and what types of matters are best suited to mediation in Probate Court ?
• What is each Probate Judge ’ s favorite part of being a Probate Judge ?
The panel of judges was lively , very candid with the lawyers in attendance , and provided encouraging news about technological advances that are on the horizon for probate courts in the Atlanta metropolitan area .
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