A well-crafted estate plan seeks to avoid litigation. Yet not everything is within the control of the individual who created the estate plan. After all, asset distribution and trust management are left to those named to positions by these estate plans or appointed by...
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Probate & Estate Litigation
How does the probate process address debts owed by the deceased?
When someone passes away in Georgia, their debts don’t automatically disappear. The probate process ensures that creditors receive payment from the deceased’s estate before the remaining assets are distributed to beneficiaries. This structured approach provides...
Look out for these signs of undue influence
Previously on the blog we discussed undue influence and how it can serve as a basis upon which to attack an estate plan’s validity. This can be a powerful way to protect your and your loved one’s interests, ensuring that your loved one’s property isn’t dispersed in a...
How can heirs challenge the validity of a will?
Heirs may challenge a will’s validity under a few different circumstances. If a will doesn't reflect the true intentions of the deceased, heirs can take legal action to contest its validity in court. Proving undue influence Undue influence occurs when someone...
How much does it cost to get a will in Georgia?
Creating a will is an important step in planning for the future. In Georgia, the cost of drafting a will can vary. The expenses depend on factors like the complexity of your estate and how you choose to create your will. If you’re planning your estate, it is important...
Can you challenge an Alzheimer’s sufferer’s estate?
It’s tough to watch a loved one go through cognitive decline. They might lose meaningful memories of time you’ve spent together, and it might become difficult for them to carry on a conversation with you. They might even struggle to live a normal life on a day-to-day...
What to do if an executor doesn’t distribute assets correctly
Dealing with an estate can be challenging, especially when the executor doesn't distribute the assets correctly. If you find yourself in this situation in Georgia, you have several options to address the issue and ensure the proper handling of your loved one's estate....
Understanding estate litigation in regards to digital assets
As the digital world expands, more people are accumulating valuable digital assets, such as cryptocurrencies and online businesses. These assets can make estate planning more complex, especially when it comes to ensuring they are properly included in an estate plan...
How do breaches of fiduciary duty happen?
Probate is the process of sorting out a dead person's affairs and personal items. These include actions such as paying debts and dividing their assets among heirs. Sometimes, the executors who are in charge of these tasks do not do their job correctly, causing a...
Undue influence and other issues could impact a will’s validity
People who create a will do so with the intention of leaving their property to their chosen beneficiaries. When the time comes for probate and the will is finally revealed, some would-be beneficiaries might be unhappy with the testator’s choices. Often, there is...