We represent individuals and entities in Estate and Trust disputes, including heirs, beneficiaries, personal representatives and trustees. We are committed to achieving the clients’ goals with an eye to efficiency and economy, while maintaining quality representation.

The law in Georgia sets a high standard of conduct for executors of wills, administrators of estates, trustees of trusts and guardians or conservators. Failure to live up to this standard can lead to claims for breach of fiduciary, breach of trust, negligence and subject the fiduciary to significant penalties, including removal from office by the court, forfeiture of compensation, as well as payment of damages, including attorneys’ fees or punitive damages.

The law requires any fiduciary, whether executor, administrator, trustee or conservator, to maintain accurate and complete records of receipts and disbursements, and transactions performed in their fiduciary capacity.

Disputes can arise where a testator of a Will or grantor of a Trust make suspicious changes to their testamentary plans or instructions for post death asset management. These disputes may warrant investigation, particularly where there is evidence of lack of capacity, or the testator or grantor is subject to exercise of fraud and undue influence by someone seeking to benefit from the Estate of Trust.

Georgia Law provides for guardianships and conservators for minors as well as for incapacitated adults. The purpose of guardianship and conservatorship is to provide for the personal care and financial management of someone unable to do so in their own right, whether a minor child, or an adult suffering from incapacity.

Litigation is often the result when the disputed assets of an Estate or Trust are significant, or there is strong emotional tension in the family. The scenarios leading to litigation are many, but include disputes among siblings, between parents and children, or children of a prior marriage in conflict with a parent’s second spouse.