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...
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Probate & Estate Litigation
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...
Did my loved one have the testamentary capacity to make a will?
In Georgia, it is unfortunately common for people to engage in disputes over a loved one’s will. When people claim a will should not be deemed valid, one way they might do so hinges on the capacity of the person who signed the document, also referred to as the...
What role can undue influence play during probate?
Georgia families who have just experienced the loss of a loved one who has been a strong influence in their lives may have mixed feelings when it comes to the reading of the will and where the estate assets will end up. Family members will feel the acute loss of the...
Contesting a will in Georgia
The death of a close friend or loved one is almost always a sad event. Occasionally, the sadness is increased by the unfavorable reaction of one or more potential heirs to one of the terms in the will. Perhaps the deceased person omitted a relative completely from the...
Tony Hsieh’s estate litigation, a masterclass in what not to do
At this point, most have heard of the passing of Tony Hsieh, the founder of internet juggernaut, Zappos. He revolutionized how businesses operate and became the face for Las Vegas’ revitalization efforts. However, unfortunately, he died without an estate plan, and as...