The term “heirs” is frequently used in wills and trusts to define the individuals who will take your property if your named beneficiaries are unable to do so, either due to their failure to survive you, a disclaimer or otherwise. And if you have no will, your probate estate will go to your heirs. But do you know who your heirs are?

As of January 1, 2021, new laws took effect that make sweeping changes to Georgia’s probate and trust codes. For those involved in trust and estate litigation, perhaps the most significant change is the expansion of probate court subject matter jurisdiction in certain counties to include actions concerning trusts, trustees and trust directors, as well as disputes over the exercise of powers of attorney.

When he was a young lawyer in Boston, John Adams, the future second President of the United States, was called upon to defend several of the British soldiers accused of murder for firing on a mob in what became known as the Boston Massacre. Although his sympathies were with the revolution, John Adams won an acquittal for his defendants by convincing a Boston jury that the British soldiers had acted in self-defense and without malice. He told the jury: “Facts are stubborn things, and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence...”

Like everything else, the COVID-19 pandemic has disrupted civil litigation. The Georgia Supreme Court suspended almost all civil case activities beginning March 14, 2020 which continued through July 14, 2020. Although many proceedings are now permitted, with remote or socially distanced procedures, including pleadings, motions, motion hearings, and civil discovery (interrogatories, requests for production of documents and depositions), there is still a prohibition on jury trials. Even when that restriction is lifted, it will take many months for the Courts to work through the backlog of cases, particularly because of the priority given to criminal cases, and the additional courtroom space that will be required to conduct trials safely.