Atlanta Estate Planning Lawyer Blog

As an Atlanta probate attorney, I often see Georgia probate estate administrators and executors turn into dishonest persons once they become administrator or executor of the probate estate. Upon qualification by the Georgia Probate Court, any administrator or executor is put into a position of power and trust over heirs, beneficiaries and others involved in the Georgia estate administration process and the assets of the Georgia probate estate. It is normal, but not wise, for heirs and beneficiaries to be trusting of the Georgia estate administrator or executor. This is especially true given the tough times are going through in this economic era and that it is wholly true that everyone could use an extra few dollars. Oftentimes, matters are made worse because many Georgia estate administrators or executors are family members, friends of family members or long trusted family friends.

In my practice as a Georgia Probate litigation and dispute lawyer, I see good people turn bad when they gain control of estate assets and have easy access to money that is not theirs. I have found this to be especially true when these estate assets include easily maneuverable items such as liquid cash, stocks, bonds, cars, jewelry, real estate and other items of great monetary value. This is especially true because these estate assets seem to be just arm lengths away from a “dip into the pot” without anyone noticing or any harm done at all. This is a common misperception of the untrustworthy administrator or executor and nothing could be further from the truth. As an Atlanta estate litigation attorney, I see and know all too well the tricks and deceptive actions of these dishonest and conniving persons. Fortunately, under Georgia probate law, these administrators and executors must adhere to and act within the scope of their fiduciary duty. Such administrators and executors are bound by the this duty almost regardless of what rights you may have been told you have signed away to them.

An administrator or executor (known as a fiduciary) has the following legal duties and obligations:

§ 53-7-1. General powers and duties of personal representative; additional powers
A personal representative is a fiduciary who, in addition to the specific duties imposed by law, is under a general duty to settle the estate as expeditiously and with as little sacrifice of value as is reasonable under all of the circumstances. The personal representative shall use the authority and powers conferred by law, by the terms of any will under which the personal representative is acting, by any order of court in proceedings to which the personal representative is a party, and by the rules generally applicable to fiduciaries to act in the best interests of all persons who are interested in the estate and with due regard for their respective rights.

Continue reading " GEORGIA ADMINISTRATORS AND EXECUTORS – YOU AND YOUR GEORGIA PROBATE ATTORNEY SHOULD SAFEGUARD AGAINST ESTATE ASSET MISMANAGEMENT AND BREACH OF FIDUCIARY DUTY " »

As a Georgia probate litigation lawyer who has represented clients in countless court and legal proceedings concerning Georgia estate disputes in probate court, I am seeing more and more breaches by executors, administrators, and agents for powers of attorney, of their fiduciary duties.

"Fiduciary Duty" Defined: A fiduciary duty is a legal relationship of confidence or trust between two or more parties. In a fiduciary relationship, confidence and trust is put into another, whose good faith, advice and protection are sought after and required by law.

The term fiduciary frequently is becomes issues in the management of Georgia probate estates by untrustworthy or self-dealing executors or administrators. In fact, it is more and more often, I am coming across breach of fiduciary duty cases and they have become quite common issues concerning executors and administrators in Georgia probate estate administration. My thoughts are that since we have fallen on tough times with respect to our economy, these Georgia executors and administrators are taking liberties with their fiduciary duties imposed by Georgia probate law.

If you feel parties will act in a manner inconsistent with fairness or engaging in self-dealing, please know The Adams Law Offices represents administrators, executors, heirs, beneficiaries, estates, and personal representatives in all stages of Georgia estate administration and Georgia probate matters. Our Firm has extensive experience in Georgia probate guidance; Georgia probate disputes; Georgia probate litigation matters; and, estate mediation. Please feel free to contact us (404) 467-8611 or 1-877-412-3267 to see how we can assist you. Please also feel free to send us a confidential e-mail Web Site contact us form. The Adams Law Offices is conveniently located in the Buckhead section of Atlanta, GA near the intersection of Piedmont and Roswell Roads.

As an Atlanta, Georgia probate dispute lawyer, I know a personal representative who “steals” or “defrauds” an estate, or otherwise behaves dishonestly, is a nightmare for a grieving family, the beneficiaries, and heirs. Unfortunately, I have seen in my Atlanta probate law firm practice, this occurs more than you might think. Inexperience with the legal and financial duties of a personal representative can lead to mistakes that have very bad results for the estate and its heirs or beneficiaries. In other cases, because executors and administrators are frequently family members or close friends of the person who died (decedent), they may have emotional or financial reasons for not being completely genuine. Or, they may have fallen on tough times and just think nobody is watching and no real harm will be done by “stealing” a “little bit” here and there.

Fortunately, Georgia fiduciary law allows you several ways to deal with a personal representative who is not meeting his or her duties, being dishonest or otherwise engaging in self-dealing. If you know ahead of time that the personal representative is not trustworthy, you may file a caveat -- a probate law term for a formal objection -- to that person's role as personal representative. As a Georgia probate litigation lawyer engaged in will contests and probate disputes, I vastly prefer to take steps long before this stage, to minimize the costs to my client from both fraud and legal fees. Nevertheless, it is often not until the probate process is underway that heirs and beneficiaries realize that there are problems.

For that reason, the law also allows them to formally sue a dishonest personal representative for breach of fiduciary duty -- that is, breach of the duty to act wisely and legally with another person's money. In fact, you can file this type of claim when the personal representative has merely threatened to breach that duty, as well as when you have positive evidence that he or she has breached it. If you can prove your claim, you can ask a court to order one or more of the following remedies:

• Stop a threatened breach of fiduciary duty
• Remove the personal representative
• Replace the personal representative
• Compel the personal representative to do his or her duties
• Reduce or deny payment to the personal representative
• Have the personal representative pay back money stolen or lost because of a breach of fiduciary duty
• Compel damage payments (compensation for the petitioner's losses) from the executor or administrator (personal representative)
• Money or property given to the wrong beneficiary may also be placed in trust by the court while it works out the proper ownership.

Continue reading " HOW DO YOU HANDLE A DISHONEST EXECUTOR, ADMINISTRATOR IN GEORGIA PROBATE COURT? " »

As an Atlanta Estate Lawyer and in working for a Georgia Probate Law Firm, my experience has been that there are several rules of thumb to follow when opening and administering a Georgia estate in county probate court:

They are, in simplified form, as follows:

1. No Promises: Do not make any promises to heirs, beneficiaries or otherwise. Give general time frames adding on that old saying “if everything goes smoothly”, etc.

2. Georgia Estate Administration is a Long Process: The Georgia estate administration process takes months and even years. In knowing this, please be patient and manage expectations on the outer limits.

3. Remember Your Goals: The objective is to prove to the Georgia Probate Judge, that the administrator or executor who filed petition for letters of administration or letters testamentary, has the legal authority to administer the estate.

4. The Georgia Probate Court Will Want to See You Be Diligent and Thorough: Remember, a will is offered up for probate, not an estate. This means that the opening of the Georgia estate depends on how fast you can file the letters testamentary and “prove up” the will or “offer the will up for proof”. If there is no will, the heirs will have to decide who will be administrator and sign off on the on the acknowledgment of service and consent to probate instaner.

My experience as a Georgia probate attorney, has shown that the longer an estate is pending for being open to the estate administration process, the more likely beneficiaries and heirs are likely to begin to argue. When this occurs, disputes often begin and battle lines are drawn. I can not emphasize enough the importance of knowing how to explain matters in a fair and understandable manner.

The Adams Law Offices helps administrators and executors (called “personal representatives” under GA Probate law) carry out their fiduciary duties expeditiously, fairly and cost-efficiently. Our Firm also helps heirs and beneficiaries of Georgia probate estates when there is trouble ongoing in the estate administration, they desire to set forth a valid claim, or want they answers they deserve. Our Firm has extensive experience in Georgia probate guidance; Georgia probate disputes; Georgia probate litigation matters; and, estate mediation. Please feel free to contact us (404) 467-8611 or 1-877-412-3267 to see how we can assist you. You can also send us a confidential e-mail through our contact us form via our Website. The Adams Law Offices is conveniently located in the Buckhead section of Atlanta, GA near the intersection of Piedmont and Roswell Roads.

As an Atlanta, Georgia probate attorney, possibly the most frequent "Georgia probate lawyer question" I receive from the heirs and beneficiaries concerning the administration of a Georgia estate in county probate court is: How long will this take? (Or, should I say: “When will I get my money?”). My response depends heavily on how fast your Georgia probate law firm can get the petition completed for acknowledgment and perfect service on the heirs or beneficiaries, file the petition with the Georgia probate court, and how long you will be waiting on the probate court to rule on the petition.

Oftentimes, when there is no objection to the petition, the Georgia probate court will not require that a hearing be held, and issue an order opening or granting that administration of the estate begin. This, in large part, depends on the Georgia County Probate Court’s satisfaction with the petition for probate, the parties involved, and the detail and care with which the petition is drafted and filed and how this petition meets all the legal requirements set forth under Georgia probate law. This is notwithstanding any caveat/objection to the petition, which can prolong the process tremendously. My experience is that hiring an experienced Georgia probate lawyer can make the Georgia estate administration and Georgia probate process much faster and smoother.

Furthermore, do not let a let geographical distance be to your disadvantage. Our Firm represents numerous clients from other states with matters pending in Georgia probate courts. We are here to assist you from wherever you may be located and have the technical and communicative skills to do so effectively and cost efficiently.

Additionally, if you feel parties will act in a manner inconsistent with fairness or engaging in self-dealing, please know The Adams Law Offices, LLC represents administrators, executors, heirs, beneficiaries, estates, and personal representatives in all stages of Georgia estate administration and Georgia probate matters. Our Firm has extensive experience in Georgia probate guidance; Georgia probate disputes; Georgia probate litigation matters; and, estate mediation. Please feel free to contact us (404) 467-8611 or 1-877-412-3267 to see how we can assist you. Please also feel free to send us a confidential e-mail Web Site contact us form. The Adams Law Offices is conveniently located in the Buckhead section of Atlanta, GA near the intersection of Piedmont and Roswell Roads.

As a Georgia estate dispute and probate litigation lawyer, I have represented numerous Georgia estates, executors, administrators, heirs, and beneficiaries. In doing so, I have often times guided them to various “free web sites" so that they may see for themselves what is involved in the Georgia probate and estate administration process. There are a number of resources on the internet for use in effective estate administration and otherwise gather information about this complicated process. They are the following: The State of Georgia Probate Website ; The Georgia Courts Website ; The IRS ; and, most importantly the link to the county in which you are offering the will for probate (i.e. The Fulton County Probate Court Website)

The State of Georgia Probate Court Website and The Georgia Courts Website have links, forms and important information on estate administration and the probate process. In addition, theses sites contain a wealth of forms to be used in the State of Georgia (these two sites should be used to download any probate forms). The IRS site is an important sources of tax references, contact numbers, and information and documentation resources.

Unfortunately, these clerks and staff can not give you legal advice and are instructed to not engage in such action. Additionally, these sites are for informational purposes only, and while official, please know that nothing can replace the guidance of an experienced Georgia probate law firm.

Continue reading " GEORGIA PROBATE AND THE ESTATE ADMINISTRATION PROCESS – RESOURCES, TIPS, AND GUIDANCE " »

As an experienced Atlanta Probate Lawyer, I have repeatedly seen first-hand the frustration a beneficiary or heir can experience if the executor or administrator of a Georgia Probate Estate refuses or is unwilling to provide the beneficiaries or heirs with answers concerning the status of the estate. I also understand the difficulties a non-responsive, uncaring, or vindictive executor or administrator can cause by imposing their “perceived” powers upon the beneficiaries or heirs of an estate. Fortunately, for the beneficiary or heir subject this unjust behavior, these executors or administrators must carry out their fiduciary duties imposed pursuant to TITLE 53 of the Official Code of Georgia Annotated entitled “WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES”.

Moreover, the Georgia executor or estate administrator has to move the Georgia estate administration process along expeditiously and in the best interests of all persons who are interested in the estate and with due regard for their respective rights. This implies a “reasonable” amount of time in which matters are to move forward.

Nevertheless, regardless of the high standards and accountability to which a fiduciary is held, if you do not seek legal counsel to address these matters and compel answers, the Georgia Probate Courts will not likely hold accountable these Georgia Estate Fiduciaries. As a beneficiary or heir, it is up to you to seek relief by asserting your entitlement to answers and compelling answers due under Georgia Probate law and using the powers of the Georgia Probate Courts to obtain answers. The fact remains, even if you have signed documents giving the executor or administrator broad powers and waivers under Letters Testamentary or Letters of Administration issued by the Georgia Probate Court, you can still request and receive answers from the executor or administrator of the estate. However, matters have become much more complex and it is wise to seek the counsel of an experienced Atlanta Probate Lawyer or Atlanta Estate Litigation Law Firm.

Continue reading " AS A BENEFICIARY OR HEIR OF A GEORGIA PROBATE ESTATE, YOU ARE ENTITLED TO AN INVENTORY AND ACCOUNTING IN GEORGIA PROBATE COURT " »