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2018 Georgia Code 53-1-11 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 53-1-11 Case Law from Google Scholar Amendments to OCGA 53-1-11

TITLE 53 WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES

Section 1. General Provisions, 53-1-1 through 53-1-20.

ARTICLE 2 ADVANCEMENTS

53-1-11. Value.

Every advancement shall be valued without interest at its value at the time of the transfer unless a value or an interest rate is specified in writing at the time of acceptance or in the transferor's will.

(Code 1981, §53-1-11, enacted by Ga. L. 1996, p. 504, § 10.)

Law reviews.

- For article, "The Time Gap in Wills: Shifting Assets and Shrinking Estates - Obsolescence and Testamentary Planning in Georgia," see 6 Ga. L. Rev. 649 (1972). For article discussing concept of advancements, see 10 Ga. L. Rev. 447 (1976).

COMMENT

This section replaces former 53-4-54. Under this section, an advancement will be valued at its value on the date of the transfer unless a different value is agreed upon in writing at the time the transfer is accepted or in the will of the transferor.

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Code 1868, § 2542, former Code 1873, § 2583, former Civil Code 1910, § 4056, and former Code 1933, § 113-1017, are included in the annotations for this Code section.

Cited in Sims v. Sims, 39 Ga. 108 (1869); Garrard v. Cody, 51 Ga. 555 (1874); Holder v. Webb, 25 Ga. App. 258, 103 S.E. 98 (1920); Barron v. Barron, 181 Ga. 505, 182 S.E. 851 (1935); Treadwell v. Everett, 185 Ga. 454, 195 S.E. 762 (1938); Cassedy v. Bland, 99 Ga. App. 34, 107 S.E.2d 697 (1959).

RESEARCH REFERENCES

Am. Jur. 2d.

- 3 Am. Jur. 2d, Advancements, § 55 et seq.

C.J.S.

- 26B C.J.S., Descent and Distribution, § 106.

ALR.

- Valuation of property for purposes of advancement, 26 A.L.R. 1178.

Items in form of account as advancements, 49 A.L.R. 574.

Will charging distributee's share with advancement to or debt owing by him as invoking doctrine of hotchpot, 165 A.L.R. 899.

Cases Citing Georgia Code 53-1-11 From Courtlistener.com

Total Results: 2

Deering v. Keever

Court: Supreme Court of Georgia | Date Filed: 2007-06-11

Citation: 646 S.E.2d 262, 282 Ga. 161, 2007 Fulton County D. Rep. 1813, 2007 Ga. LEXIS 435

Snippet: Practice Act. See OCGA §§ 9-11-1; 9-11-8; and 53-11-1; see also Skelton v. Skelton, 251 Ga. 631, 308

Fiumefreddo v. Scudder

Court: Supreme Court of Georgia | Date Filed: 1984-03-14

Citation: 313 S.E.2d 683, 252 Ga. 279

Snippet: on the Simultaneous Death Act (the Act). OCGA § 53-11-1 et seq. (Code Ann. § 113-2901 et seq.). On December