According to AARP, approximately 24% of people between the ages of 18 and 24 have a will, 27% of people between 25 and 54 have a will and 45% of people over 55 have a will. Dealing with the loss of a loved one in Georgia can be an emotionally challenging time, and the...
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Probate & Estate Litigation
How to challenge mental capacity in estate litigation
Finding out that your loved one’s estate plan left assets to those you didn’t expect, or that it left less to you than you anticipated, can be shocking. It can also send up red flags that something went horribly wrong during the estate planning process. It could be...
Can beneficiaries sue a trust?
Trustees have a fiduciary duty to the trust’s grantor and beneficiaries. This duty generally means the grantor transfers ownership of certain assets to the trustee so that the latter may manage these assets for the grantor’s intended beneficiaries. If you are a...
What does undue influence mean in a will contest?
Having a will drafted is a responsible choice that can save your family members time and stress after you die. A properly drafted will typically goes through the Georgia probate process without any issues. However, sometimes situations occur when someone wants to...
What does the Georgia probate process look like?
Probate litigation is a legal process that involves challenging or defending the validity of a will, trust or other estate planning document. Probate litigation can arise when there is a dispute among the heirs, beneficiaries, creditors or other parties who have an...
Removing an executor for fraud or conflict of interest
Executors have a fiduciary responsibility toward the beneficiaries of the estate they are administering. If they fail in these duties, the beneficiaries can sue for their removal and replacement. Removal of an executor can only take place in certain circumstances. For...
What can I do if I am left out of a will?
A will is a valuable estate planning tool. A will helps Georgia residents make sure their property is given to the people they want after they die. Most of us assume that there are certain people who will leave us things in their will no matter what, such as our...
Executors who fail in their fiduciary duties can face liability
After you die, an executor selected by you in your will or assigned by the probate court will be tasked with administering your estate. Executors will perform certain duties, such as collecting estate assets, managing these assets for the benefit of estate heirs and...
Do you need to address mental capacity in your probate case?
When a loved one passes away and the details of his or her estate plan are made known, the results can be surprising. You might be taken aback by the fact that you’ve been left with less than what was expected, or that certain assets were left to individuals that you...
Do you know how to spot a breach of the fiduciary duty?
Losing a loved one can cause you and your family a lot of emotional turmoil. But navigating the complexities of their estate can be more challenging than you expected. Even when you think the estate’s administrator has figured out how to distribute assets in...