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...
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Probate & Estate Litigation
What does an executor do if there is a dispute during probate?
Probate is a legal process that ensures the orderly distribution of a deceased person's estate. While there are guidelines in place to make it a smooth and straightforward procedure, disputes can arise. If a dispute does occur, it can cause complications for everyone...
Choosing the right executor for your estate
Deciding to set up an estate plan is a wise choice. Once you have your will and other estate planning documents in place, you must choose an executor. An executor is someone who carries out your wishes according to the terms of your will after you pass away. This is...
Deciding whether to contest a will in Georgia
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...
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...