The Georgia Supreme Court case, Morrison v. Morrison, 282 Ga. 866 (2008) provides some guidance regarding what constitutes undue influence. In Morrison v. Morrison, one sibling sued another claiming that he used undue influence over his father to convince him to select a particular attorney and then participated with that attorney to create a more favorable will. In this case, the Georgia Supreme Court determined that no undue influence existed because the father was not of “weak mentality” when the will was executed nor did the one sibling occupy a “dominant position” with regard to his father. In fact, the court said, “that the father remained strong-willed and stubborn, not feeble or easily confused, and that he liked to be in charge. “ Morrison, 282 Ga. 868.
Under Georgia Law, a transaction is recognized to be the result of undue influence when the parties are in a confidential relationship with each other and one party has a superior mental capability than the party who is the victim of the undue influence.
To the contrary, The Georgia Supreme Court found undue influence existed in a noteworthy case, Bailey v. Edmundson, 280 Ga. 528 (2006). Baily v. Edmundson is an especially case because it provides a list of factors to consider in determining undue influence, including:
• Whether the parties had a confidential relationship;
• The reasonableness of the testator’s disposition of his estate;
• The testator’s habits, motives, or feelings, and his physical and mental strengths or weaknesses;
• The testator’s family, social, and business relations;
• The manner and conduct of the testator; and
• Any other fact or circumstance that shows the exercise of undue influence on the mind and will of a testator, including evidence as to the bad character of the person(s) exerting the influence.
Although undue influence may occur in many different circumstances, parents may be particularly susceptible to undue influence from one of their own children.
A Georgia power of attorney gives someone else the legal capability and power to act on behalf of another without their presence. Oftentimes, powers of attorney entail taking over extremely important day-to-day affairs of another and usually involve legally taking over their finances. While powers of attorney can be an effective tool to assist elderly and other persons with diminished capacity and ability, they are easily used to exploit the elderly or other persons with diminished mental or physical capacity. What is more, power of attorney documents are easily obtainable and can be purchased in kits from office and legal supply stores or downloaded online, sometimes free.
In these troubled economic times, family members, friends, and other persons have been using powers of attorney for their own financial gain by taking advantage of the elderly through the use of these documents. If this abuse goes unchecked, the assets, and sources of income of an elderly or incapacitated person can be devastated. In fact, the damage done can be limitless and usually is permanent unless it is possible to recover the assets back from the person who abused the power of attorney.
It is sad, but necessary in this day and time to be very guarded and protective of anyone holding a power of attorney. This is as true for a family member. As the old adage goes: It seems to be the ones you are closest to that hurt you the most. In fact, oftentimes, it is the family member or friend who borrows a little money with the characterless belief they will pay it back.
With the economy worsening, the temptation to acquire and/or abuse a power of attorney is ripe for occurring.
Who should I be on the lookout for?
• Acquaintances
• Family Members (especially ones in financial trouble)
• Scam artists
• Someone who befriends an older person
• Any person who exhibits strange and engaging activity, interest, and behavior toward an elderly or person with diminished capacity or ability
Setting up the power of attorney properly to lessen the chance of abuse.
• Seek advice and retain an attorney to create the power of attorney and explain how they work.
• Limit the powers granted under the power of attorney to those duties necessary for the purpose of the document. A “blanket” power of attorney is dangerous!
• Require the agent to provide a semiannual accounting in the power of attorney, which must be provided to a number or responsible persons who understand accounting and willing to take the time to see that the power of attorney is being used appropriately.
• Require the agent to keep all documentation pursuant to the power of attorney, such as receipts, bank statements, a daily or weekly journal or account ledger, etc.
• Consider a court-appointed conservatorship rather than a power of attorney. The courts require reports to be submitted and these are reviewed by the court staff, are public record, and open for inspection.
• It is best to have one person as agent under a power of attorney as co-powers of attorney only create confusion and result in disagreements.
• Should you be acting under a power of attorney for another, keep detailed, hard copy, and electronic copies of all records. Remember, you have a fiduciary duty as you are acting on behalf of another person. You are required by Georgia law to do what is in the best interest of the other person, which may be contrary to your own best interest and wishes.
Our Atlanta, Georgia estate and probate lawyers advocate that any power of attorney should not be entered into without serious consideration, substantial disclosure, and protections in place.
Perhaps the increase in Georgia breach of fiduciary duty and will contest lawsuits, is in part, attributable to the economic downturn wherein many are watching their wallets and bank accounts, as well as the wallets and bank accounts of others (especially the elderly, incompetent, and incapacitated). I hope that there is an increased awareness into the widespread elder abuse, which is occurring throughout the state of Georgia. Inherently, this elder abuse involves deception and misrepresentation for financial gain. What is more, and I think a definite reason for the increase in cases involving litigation surrounding exploitation of the elderly, is some legal guidance from the Supreme Court of Georgia in a noted case, Bailey v. Edmundson, 280 Ga. 528, 630 S.E.2d 396 (2006). This case is important for a number of reasons which range from what factors make your case a practicable one, to who are the persons we need to keep a watchful eye on or are likely to take advantage of others for financial gain.
In several of my Atlanta, Georgia, probate and estate litigation cases, I use the Georgia Supreme Courts’ findings in Bailey v. Edmundson as my guidelines in assessing the legal implications of matters pertaining to any case involving undue influence as well as lack of capacity, misuse and abuse of power of attorney, and other such cases. Further, it should be noted that undue influence, lack of capacity, and other such factors are usually present together in the facts of any given case. As such, facts found in an undue influence case are likely to be found in a case involving lack of capacity (For Example: Lack of capacity is a condition, which oftentimes allows the undue influence to occur).
In Bailey v. Edmundson, the Georgia Supreme Court considered the following factors as relevant factors in determining undue influence:Some of the relevant factors to consider in determining whether undue influence exists include:
• Was there a confidential relationship between the parties?• Was the testator’s disposition of assets reasonable?
• What were the testator’s dealings and associations with the beneficiaries?
• What were the testator’s habits, motives, or feelings?
• What were the testator’s physical and mental strengths and weaknesses?
• What were the testator’s social relations?
• What were the testator’s business relations?
• Where there any other facts, circumstances, or conditions that establish unwarranted implementation of improper influence on the mind of the testator?
• Did any of the above factors result in the testator taking action to be the victim of the undue influence?
• What was the moral fiber of the people exercising the influence? What is bad? If so, how and why?
A transaction is presumed to be the result of undue influence when the parties are in a confidential relationship with each other and one party has a much greater mental ability than the other does, who may be aged or ill, and the one having the greater mental ability reaps the benefits of the transaction.
Case Study: In the case of Bailey v. Edmundson, 280 Ga. 528, 630 S.E.2d 396 (2006).
Mr. Bailey executed a will in October of 2003 naming his daughter as the personal representative of his will and the primary beneficiary. Approximately six months later, Mr. Bailey hired caregivers he met at church. Within a short period thereafter, Mr. Bailey executed a new will making specific bequests to these caregivers.
The Supreme Court found that there was ample evidence of undue influence for the reason that the caregivers did the following:
• The caregivers established a relationship with Mr. Bailey, which was confidential in nature;
• The caregivers were not related to him by blood or marriage; and,
• The caregivers took an active part in the creation of Mr. Bailey’s new will.
WHAT TO LOOK FOR AND WHO TO WATCH:
• Caregivers, caretakers, therapists, and handymen• Religious persons such as pastors, preachers or those who convey that a testator’s place in heaven depends on the disposition of his monetary assets to a religious denomination or organization
• Distant relatives who were never close to the decedent who suddenly become interested in the decedent’s affairs
• Long lost “friends” who suddenly or suspiciously come into the testator’s life
• Persons who have quasi-intimate dealings with the decedent such as a former employee or employer, cosmetologist, banker, hairdresser, chauffer, body guard, fitness, rehabilitation or other such instructors or service providers
• The retaining of a new attorney or changing of attorneys (especially one picked or used by the person exerting undue influence)
• Any other persons or parties who are new to the testator’s life or that are acting in a different or unusual fashion
As a family member, or caring individual of a loved one, you have the ability under Georgia state law, and through other legal avenues, to seek legal assistance for anyone you feel could be, or has been, a victim of elder abuse. Our Firm encourages you to fight financial predators or other persons who seek illegal or unjust financial gain by exerting unwarranted influence or taking advantage of another’s weaknesses. The Adams Law Offices represents individuals and families seeking to bring to justice anyone who engages in unwarranted activity to the detriment of the lawful beneficiaries or heirs. Our Firm diligently and aggressively represents clients in probate and estate disputes and litigation involving wills, powers of attorney, or other legal documents.
In determining and establishing undue influence in a Georgia probate court, or other Georgia state court, many of the relevant factors to consider in determining whether or not undue influence exists include the following:
• The existence of a confidential relationship between the parties;• The reasonableness or unreasonableness of the testator’s disposition of his estate;
• The testator’s dealings and associations with the beneficiary;
• The testator’s habits, motives, or feelings, and his physical and mental strengths or weaknesses;
• The testator’s family, social, and business relations;
• The manner and conduct of the testator; and
• Any other fact or circumstance that shows the exercise of undue influence on the mind and will of a testator, including evidence as to the bad character of the person(s) exerting the influence.
Under Georgia Law, a transaction is recognized to be the result of undue influence when the parties are in a confidential relationship with each other and one party has a superior mental capability than the party who is the victim of the undue influence.
There are many circumstances under which the undue influence may occur. Moreover, undue influence can take place in a variety of manners, modes of operation, and under many circumstances. Likewise, the parties who are exerting the undue influence can come from many surprising and unusual relationships or associations with the decedent.
As an Atlanta, Georgia wills, trusts and estate litigation attorney, I feel the variables should be evaluated collectively to determine the existence of undue influence. An experienced Georgia estate and probate litigation lawyer who is knowledgeable at assessing all the factors of a potential case should evaluate these variables.
The following are some examples of persons who may be the particularly susceptible to undue influence:• Persons who are elderly, not competent, naive, gullible or easy to fool
• Persons who have family which live far away
• Persons taking any mind or behavior altering prescription medications, using alcohol or over the counter drugs
• Persons using illegal drugs
• Persons in criminal trouble, with economic or social problems
• Persons who are going through or have gone through major lifestyle changes such as moving, divorce, becoming disabled, etc.
• Persons who have friends or persons who tend to take advantage of their favorable monetary situation
• Persons who are not good with handling their economic affairs or otherwise not good with money
• Persons who are too trusting and not protective of themselves
It is important to understand, there is no standard list of the type of persons susceptible to undue influence. Likewise, there is no standard or norm for persons who engage in exerting undue influence. What is important is that if you suspect undue influence is occurring, is likely to occur, or you believe it has occurred in the disposition of a decedent’s estate or before the decedent’s death, then you should immediately contact an experienced Atlanta, Georgia, wills, trusts, and estate lawyer.
As a beneficiary or heir of an estate, you have options and legal rights under Georgia state law to have a will or other document declared null and void and set aside, recover assets and/or monies, damages, and possibly attorney’s fees. The Adams Law Offices represents heirs, and beneficiaries, in all Georgia wills, trusts, probate and estate disputes and litigation. We provide experienced legal representation through exceptional Atlanta Probate Attorneys. Our Firm has many decades of combined experience through its experienced Atlanta Probate attorneys and staff. We can assist you whether you are an heir or beneficiary. We also represent executors, administrators, and personal representatives in wills, trusts, and estate litigation matters.
I find these three (3) guidelines helpful for the rightful heir or beneficiary who seeks justice, normality, and comfort in any disputed will case. The reasons are as follows:
REMEMBER THIS NO. 1: This is about what has been done and what must be made right upon the findings of an impartial jury or the court. You are none the lesser and all the better for asking the questions and being outspoken and sincere.
REMEMBER THIS NO. 2: You are the family member or loved one left out. This is unusual and not the norm. It is a natural sequence of events to take care of another family member after death through a will or other instrument, no matter the circumstances. This includes both monetarily and otherwise. Most people know there is little they can do to provide a stable and comforting future without leaving assets.
REMEMBER THIS NO. 3: Do what you need to do to put matters to rest. If you let this bother you without taking action and finding an outlet to discover the truth, these feelings could haunt you for sometime if not forever.Our Atlanta will and estate litigation law firm knows and understands the legal ins-and-outs of the disposition of a departed person’s estate through their will. It appears that there is not much left to the imagination of the proverbial predator upon the family assets and the unknowing family, friends and rightful beneficiary and heirs who fall in the wake. Georgia Probate Courts have found the following legal reasons as sound justification that the will is not legally sound and held such will is void as a matter of law:
• Duress – A decedent under pressure to do what they would not normally do, act how they normally act, or other such actions where a decedent has acted with pressure upon their “real” wishes and desires.
• Coercion – A decedent under pressure through extremes put upon themselves by themselves and others (perhaps the person seeking to be named in the will).
• Undue influence – Using tactics and other immoral and untrue acts to put pressure on a decedent to change their will.
• Lack of Capacity – Alzheimer’s, Dementia, Chemotherapy, medications of all sorts, etc.
• Incompetence – A person not able to act on their own accord who must be told what they are to do – this is oftentimes combined with incapacity.
• Mistake of Fact – A person making a will under false pretenses, lies and untruths told by another or coming to their mind through a mental disorder.
• Fraud – A person who has done the right thing and this has been changed through trickery, lies, deception, and sometimes acts of forgery, page replacement, and other deceptive acts.
• Senseless Dispositions -- They are not dispositive of the decedents inability to act, but do tell a story all their own.If you are concerned about the final disposition in the will of a family member, friend, confidant, lover, or other important person, The Adams Law Offices represents potential heirs, beneficiaries, estates, and personal representatives in all stages of probate cases. ]]> Our Firm has many decades of combined experience through its experienced Atlanta Probate attorneys and staff, specialized in assisting with the contest of wills in Georgia probate courts. Should you have any questions or desire any assistance concerning contested Probate Court matters, Estate Administration disputes in GA County Probate Court, Estate Litigation in GA County Probate Court, please feel free to call our Firm (404) 467-8611 or 1-877-412-3267, to discuss your options. You can also send us a message through our confidential Web Site form. The Adams Law Offices is conveniently located in the Buckhead section of Atlanta, GA near the intersection of Piedmont and Roswell Roads. ]]>
A power of attorney is an authoritative document and brings with it the ability to act on behalf of someone else; usually without his or her presence or any questions asked. A Georgia power of attorney is relatively easy to establish over a person. The person who gains and holds the power of attorney is referred to as the attorney-in-fact or agent. These forms can be purchased for a few dollars from a “legal document information company,” downloaded over the internet, bought in an office supply or other such store, and even found over the web for free.
The Georgia power of attorney document can be easily secured, signed by the trusting, gullible, eager to please, or even forged. Furthermore, once an “attorney-in-fact” has a Georgia power of attorney, there are relatively few security measures in place to prevent these documents from being used without any questions asked. This is the case with many banks, credit unions, credit card companies, businesses, financial institutions, mortgage companies, or other businesses.
The fiduciary litigation lawyers at our Firm have found that many persons acting as an attorney-in-fact or agent pretend to act as if they are helping someone else, when they are only helping themselves to the money and assets of another trusting person. They are also spending monies that otherwise would go into the estate of the person who gave the power of attorney and defrauding the rightful heirs or beneficiaries assets which “would have been in the estate,” but for the misuse, fraud and abuse. It is important to know a power of attorney, brings with it a fiduciary duty to act in the best interest of the person giving the power of attorney. If the attorney-in-fact or agent is acting in his or her best interest or without the best interest of the person giving the power of attorney, they are acting breach of their fiduciary duty and in breaking Georgia law. They must be stopped before too much damage is done!
Our Firm asks that you look out for your loved ones and the following circumstances:
• Overly Trusting Person Giving Power of Attorney• Sudden Change in Financial Circumstances
• Sudden Change in Behavior – (Especially Emotional or Worrisome Thoughts or Actions)
• Need for Money by Attorney-in-Fact or Agent
• Mental Illness such as Dementia, Alzheimer’s or Other Mental Disorder
• Inability Care to for Self
• Coercion (by Family, Friends or Others)
• Duress
• Undue Influence
• Lack of Capacity
• Incompetence
• Fraud
• Other Suspicious Circumstances
The reason I am writing this article is to tell you that there are many ways to prevent, stop, and recover the damages caused by the misuse of a Georgia power of attorney. Our Atlanta fiduciary litigation law Firm specializes in Georgia power of attorney litigation. We can assist you in preventing fraudulent use of a power of attorney by an attorney-in-fact or an agent. We can also represent you against persons who have wrongfully acted as attorney –in-fact or agent. It is important to know there are numerous powerful remedies to stop and hold accountable persons who obtain, misuse, or abuse a power of attorney. We can also assist you after the power of attorney has been misused and the “would be estate” has been squandered.
]]> The Adams Law Firm Offices is available to engage in prevention, litigation, and recovery of the breach of fiduciary duty through a power of attorney or other similar document. If you would like to speak with an experienced Atlanta power of attorney litigation lawyer and Georgia fiduciary litigation attorney about your case, 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.]]>Here’s a tip on how to save on payroll taxes. Suppose your business earns a profit of about $75,000 per year. So you pay yourself a salary of $75,000. Your payroll tax is approx. $12,000. If you were operating your business as an “S” corporation, which many small business owners do, then you need to know that distributions of profit from an “S” corporation are not subject to payroll tax.
Instead of paying yourself a salary of $75,000 (all of which is subject to payroll tax), pay yourself a smaller but reasonable salary of say $25,000. Thus, the payroll tax is approximately $4,000. The other $50,000 is distributed to you as an “S” corporation dividend. There is no payroll tax on the $50,000 distribution. That’s a tax savings of approx. $8,000!!!
The same technique can be used for a limited liability company ("LLC"), but it’s a little more complicated. You pay yourself a salary and pay payroll tax on that amount. But there is no payroll tax on an LLC distribution of profit as long as you are not the LLC’c member. Most people either interpose another LLC (owned by you) as the member of the operating LLC, or for example a spouse who does not work in the business is the member of the operating LLC.
Be smart. Sometimes less really is more. But also be reasonable when using this technique. The Adams Law Offices offers experienced business and tax experts to assist you with every aspect of owning and running a successful business.
As businesses, assets, and information have become increasingly digital, intangible, and available solely on-line, it is important to choose Atlanta business lawyers who understand your “intangible” business assets, how to protect them, and how to formulate effective trust and estate planning for these assets. Moreover, you not only need trust and estate attorneys, you need these same attorneys to be Georgia business attorneys well-versed in complex business matters as they relate to intellectual and technological property, copyright and trademark issues, and other potentially intangible property.
For example, any number of lawyers might be able to draft a basic will, and this may be fine for someone with fairly limited and straightforward “traditional” assets. If everyone knows you have accounts at a local bank and brokerage house and you keep your account documents on file and in physical form, it may be easy to ascertain what is in your estate.
On the other hand, consider the following: • What if you have accounts at one of the “on-line only” banks?• What if all your account statements are e-delivered?
• What if you have a second business selling goods on e-bay, or if you have a business or assets in a “virtual world,” such as Second Life?
• Who has your login information and passwords to these accounts?
• How will anyone determine what assets you have, or where? How will these assets be valued and by whom?
• Even if you do not have these things now, can you guarantee that you will not have them before your beneficiaries or heirs need to administer your estate?
Thus, it is increasingly important to consider not just your tangible assets, but also your digital, intellectual, technological, and other such assets, when planning your estate. This is why you must choose attorneys who understand the complexity of these assets and can advise you on how to protect yourself and your business as well as your beneficiaries and heirs.
The Adams Law Offices has been at the forefront of the union of technology as it relates to trusts, estates, business planning, and representation of individuals and businesses with non-traditional assets. Our Atlanta Attorneys also specialize in business, trust, and estate litigation as it relates to “intangible” and “non-traditional” assets.
The reasons behind this trend? THE ECONOMY!
It altogether makes sense to understand that in these troubled times, a Georgia executor, administrator, attorney-in-fact under a power of attorney, trustees, or other fiduciary, would “dip into the pot” of estate funds which are meant for the beneficiaries or heirs. The reasoning, we have concluded, is that no one will believe or be able to show that these fiduciaries have abused their powers by navigating estate funds into their own interest and use. Moreover, many Georgia beneficiaries and heirs do not know what their rights are and as such, do not know that fiduciaries have a vast and affirmative obligation upon them to “do the right thing” and manage the Georgia estate they are overseeing and controlling in the best interests of all of the beneficiaries and heirs.
On the contrary, altogether good executors, administrators, attorneys-in-fact, trustees, and other fiduciaries that are doing a good and adequate job are being accused of all sorts of heinous acts and breaches of their fiduciary duty by paranoid and overbearing beneficiaries and heirs.
If you feel that an executor, administrator, attorney-in-fact, or other Georgia fiduciary is not living up to their lofty obligations; The Adams Law Offices specializes in evaluating, scrutinizing, and analyzing the dealings of executors, administrators, attorneys-in-fact, and trustees who have fiduciary duties to others. If our Firm finds wrongdoing, we appropriately and often aggressively seek legal remedies for our clients.
Our Firm also specializing in assisting, guiding and defending executors, administrators, attorneys-in-fact, trustees, and other Georgia fiduciaries in carrying out their obligations in a legally proper and appropriate way. The Adams Law Offices also lends the appropriate support, care, and protection to the blameless fiduciaries in the course of carry out their duties. We also specialize in putting other fiduciaries back on track that have gotten off course or found they need the expertise of experienced Atlanta probate attorneys at the helm.
]]> Our Firm would welcome the opportunity to assist you concerning your Georgia estate, probate, trust, and fiduciary litigation and dispute matters. Please feel free to contact us (404) 467-8611 or 1-877-412-3267 to discuss your options. Please also feel free to send us a confidential e-mail through our Web Site “Contact Us” form.The Adams Law Offices has its main Atlanta office conveniently located in heart of Buckhead near the intersection of Piedmont and Roswell roads. Our Firm assists clients throughout the Metro Atlanta and Georgia area including the following cities, communities, counties, and US States.
]]>The Atlanta probate litigation lawyers at our Firm meet weekly to discuss the status of the cases our Firm is handling, discuss strategies which are best for our clients, and to bounce ideas and other ways to further our clients’ best interests, we have also begun discussing and sharing ideas and methods in order to be the best Georgia probate lawyers for our clients. This process involves analyzing not only what our Firm’s Georgia probate dispute attorneys are doing in their cases, but also how opposing counsel are challenging and standing up for their clients against us. Since we found some common similarities between effective probate litigation attorneys, we decided to share them with you in your search for a qualified probate attorney.
Our analysis is as follows:
• Find Georgia probate attorneys who can handle the stress of a Georgia probate case. A strong lawyer can help you through this emotional struggle and take much of the stress off you. If you are seeking out Georgia probate litigation lawyers in order to find one to represent you, it is likely because a relative or someone close to you has died, you stand something to gain something from the person who has died (this person known under Georgia law as the "decedent"), or a combination of both of these factors. Usually these factors range from monetary or other gain to peace of mind that the loved one’s death is handled properly and peacefully. As such, this likely is a difficult process for you and emotionally draining. More often than not, there is relentless intra-family fighting and disharmony. Again, look for a lawyer can help you through this emotional struggle and take much of the stress off you.
• Find Georgia probate lawyers who are accessible to you, care about you and your case, and who you feel will your case for you by achieving your goals.
• Find Georgia probate attorneys who willingly give you their contact information, such as cell number, and other information. While you likely will not call this lawyer on his cell too often, this is a good indicator of how much dedication the lawyer has and how much he cares about providing exceptional service to you. Nevertheless, you know he or she will be available if you are in a bind.
• Find Georgia probate lawyers who can handle both transactional probate matters and probate litigation matters. Remember, a Georgia probate litigation case still has the transactional and administrative aspects to it. Moreover, these aspects are likely to be more convoluted and complicated. Thus, you need a probate lawyer that can handle any matters that come his or her way, whether they are transactional or litigation based. In addition, a lawyer who knows both transactional probate matters as well as probate litigation matters almost assuredly will have the upper hand over opposing counsel.
• Find the Georgia probate lawyers who regularly handle probate, trusts and estate cases, but also know about other areas of the law, such as real estate, business and taxation. Georgia probate estate matters likely consist of most of the decedent holdings and they likely will involve a host of legal areas. In contrast, some of the decedent’s holdings may pass “outside” of the decedent’s estate and the extra knowledge that your Atlanta, Georgia probate lawyers may have, will serve you well.
• Find the Georgia probate attorneys and look into their biographical information. Do they appear to have expertise in the area of probate, trusts and estates, or estate planning?• Search the web under the lawyers name using search engines. Perform searches both under the Georgia probate lawyers name as well as under the name of his or her law firm. Can you find any articles, a certain presence, or other information about the probate lawyer, which give you a level of comfort? Think about what opposing counsel will see when he knows this lawyer is representing you. While not intended, sometimes opposing counsel or other lawyers will be intimidated. This "intimidation" effect can go a long way toward resolving your case.
• Find the Georgia probate attorneys with at least a few years of experience. Young experienced energetic lawyers seem to do the best job. Decades of experience does not make a lawyer a good lawyer, it makes him or her an old lawyer.
• Ask to be provided with a copy of the lawyer or law firm’s retainer agreement and have it explained to you before decide to retain the lawyer or the law firm.
• Find Georgia probate attorneys who stay full of activity. Do not look over a lawyer because he is busy. Remember, he or she is probably busy because they are in demand. This likely means they are good at what they do. If they do not have time to meet with you right away, this is actually a good sign. In similar fashion, you should not expect to be able to discuss your matter on the telephone with the lawyer right away. Good lawyers are busy, so they may not be able to spend as much time as they would like with prospective clients.
• Find Georgia probate attorneys who have experienced staff and can delegate a lot of responsibility. The staff should be knowledgeable and you should assess the way the lawyer's staff treats you since they are a reflection of how the lawyer practices law. You should expect to be treated courteously and professionally both by the staff and by the lawyer.
• Find Georgia probate attorneys who charge a fee for a consultation. Yes, I said find the lawyers who will expect you to pay for their services. Any lawyer who will meet with you free likely has a lot of free time on their hands to “chase” potential clients.
• Find Georgia probate lawyers who will tell you what the fee would be prior to the making an appointment. If not, you should ask what the fee for the first meeting would be and about the fee structure in general.
• Find Georgia probate lawyers who you feel good about and go with your 'gut' instincts. Use your common sense to determine which lawyer is right for you. You want to choose the best lawyer who you think will do the best job for you.
If you are concerned about the financial management of an estate to which you are an heir or beneficiary or you are an executor or administrator trying to comply with your fiduciary duties, you have options and rights under Georgia probate law. The Adams Law Offices represent heirs, beneficiaries, executors, administrators, estates, and personal representatives in all stages of probate cases. Our Firm has exceptional and experienced Atlanta Probate attorneys and staff. Legal knowledge, experience, and care are some of the most important additions a team of dedicated Georgia probate lawyers can bring to you and your case in order to achieve your goals.
If you are considering hiring a Georgia probate lawyer, please call Our Buckhead Office 1-877-412-3267 or (404) 467-8611 to discuss your options, or send us a message through our confidential Contact Us form. The Adams Law Offices is conveniently located near the intersection of Roswell and Piedmont Road in the heart of Buckhead. Our main office is approximately one mile from the Lenox Square and Phipps Plaza malls.
The Adams Law Offices represents clients throughout Atlanta, GA metro area, Alpharetta, Fairburn, Roswell, Sandy Springs, Buckhead, Decatur, Lithonia, Druid Hills, Dunwoody, Tucker, Marietta, Smyrna, Vinings, Duluth, Acworth, Fayetteville, Marietta, Lawrenceville, Norcross, Morrow, Riverdale, Canton, Milton, John's Creek and other cities throughout North Georgia. We represents clients throughout the Georgia and in numerous County Probate Courts: Atlanta, GA (Fulton County Probate Court); Decatur, GA (DeKalb County Probate Court); Marietta, GA (Cobb County Probate Court); Lawrenceville, GA (Gwinnett County Probate Court); Fayetteville, GA (Fayette County Probate Court); and the cities in these GA Counties and their respective GA County Probate Court.
]]>I am finding more and more heirs and beneficiaries calling into my office with the same complaint against the executor or administrator of the Georgia estate. These concerns center around the executor or administrator refusing to provide the beneficiary or heirs of the estate with an accounting and an inventory of the Georgia estate assets. The common runaround the executor or administrator usually gives the beneficiary or heir is they have no duty to provide such information. However, Georgia beneficiaries and heirs should know they can make a legally binding request in writing to the executor and administrator of the estate for an inventory and accounting of estate assets. Oftentimes beneficiaries or heirs have waived this right, but they can renounce this waiver in writing and move forward with a petition for inventory and accounting. O.C.G.A. § 53-7-32 (2008) provides as follows:
§ 53-7-32. (Revised Probate Code of 1998) Waiver of right to receive; relieving personal representative of duty to make(a) Any beneficiary of a testate estate or heir of an intestate estate may waive individually the right to receive the inventory from the personal representative. Such waiver shall be made in a signed writing that is delivered to the personal representative and may be revoked in writing by the beneficiary or heir at any time.
If you are worried about the monetary, fiscal, or fiduciary mismanagement of a Georgia estate to which you are a beneficiary or heir, you have options and rights under Georgia probate law. The Adams Law Offices represents beneficiaries and heirs in all stages of probate proceedings to get answers from unfair, dishonest, and deceitful executors and administrators. The Adams Law Offices welcomes the opportunity to assist you in filing a petition for inventory and accounting and acquiring the answers you deserve.
]]> Should you have any questions or desire any assistance concerning petitioning the Georgia executor or administrator for answers, please feel free to call our Firm (404) 467-8611 or 1-877-412-3267, to discuss your options. You can also send us a message through our confidential Web Site form. The Adams Law Offices is conveniently located in the Buckhead section of Atlanta, GA near the intersection of Piedmont and Roswell Roads. Our Office provides experienced legal representation through exceptional Atlanta Probate Attorneys.]]>A cause of action arises out of a breach of a fiduciary duty or a mere threat to commit a breach of fiduciary duty. If a breach or the threat of a breach occurs, the interested party shall have a cause of action for the following:
• To recover of damages;• To compel the performance of the executor’s or administrator’s duties;
• To enjoin the act of a breach of fiduciary duty;
• To compel redress, by payment of money or otherwise;
• To appoint another executor or administrator;
• To remove the executor or administrator;
• To reduce or disallow compensation to the executor or administrator;
• To seek any other remedies provided by statute, common law or otherwise;
Most of these Georgia probate court actions fall within the exclusive jurisdiction of the county probate court. In Georgia, executors and administrators are bound by a fiduciary duty and hold a position of trust and power for the benefit of all persons who have an interest in the Georgia estate. Moreover, a co-executor or co-administrator may be subject to joint and several liability. In short, one executor or administrator may be liable for the acts of the other such executor or administrator if such executor or administrator knew or should have known of the certain wrongdoing and failed to take reasonable action to prevent or remedy this wrongdoing.
In my Atlanta, Georgia, probate and estate litigation law firm, it is more common than one might assume to see otherwise upstanding citizens turn into thieves, crooks, and scoundrels when put into a position of trust and power, such as that of an executor or administrator. This is especially true when the executor or administrator oversees considerable assets and believes they can engage in self-dealing, theft and even fraud.
The Adams Law Offices helps Georgia heirs and beneficiaries as well as other interested parties successfully navigate the “ins and outs” of Georgia estate administration proceedings. Our Firm would welcome the opportunity to guide and protect you throughout this stressful and confusing process. Please contact us at (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, Georgia near the intersection of Piedmont and Roswell Roads.
The Adams Law Offices helps clients in Georgia probate matters throughout the Metro Atlanta, Georgia area including the following cities, communities, and counties: Atlanta, Alpharetta, Fairburn, Roswell, Sandy Springs, Buckhead, Decatur, Lithonia, Druid Hills, Dunwoody, Tucker, Marietta, Smyrna, Vinings, Duluth, Acworth, Fayetteville, Marietta, Lawrenceville, Norcross, Morrow, Riverdale, Canton, Milton, John's Creek and other cities throughout North Georgia. DeKalb County, Fulton County, Cobb County, Gwinnett County, Fayette County, Clayton County and Cherokee County
The fact is most Georgia probate and estate administration questions consistently arise from fighting between the executors, administrators, heirs and beneficiaries. This fighting is more the standard rather than the exception and commonplace in many estate administration proceedings. Moreover, if you are executor or administrator of an Georgia probate estate proceeding, you should seriously consider retaining an experienced Georgia probate attorney to guide you in carrying out your fiduciary duties and protect you from aggressive and vindictive heirs and beneficiaries who may be out to cause you trouble.
Additionally, in my Atlanta, Georgia, probate law firm, I receive an equal if not greater number of questions from my clients who are heirs and beneficiaries of a Georgia estate administration proceeding. The most common questions they ask concern the actions of the executor and administrator and center on what these fiduciaries can and cannot do, what constitutes a breach of their fiduciary duty, and what legal actions can and should be taken. What is more, heirs and beneficiaries who ask these difficult questions and seek to understand estate administration proceedings should be commended. All too often, the Georgia executor and administrator will abuse their position of power and use it for their own gain and self-dealing or that of preferred family members, friends or co-conspirators. Other common questions concern timing of estate matters and events as well as the rights of estate creditors and debtors as well as a host of other parties.
Having practiced as a Georgia fiduciary attorney for a considerable length of time, I am quite sure that nothing makes people act more unreasonable or irrational than the combination of the acquisition of monies and other assets, in combination with the death of a family member. The single most common question without doubt is whether the executor or administrator is acting in accordance with Georgia fiduciary law.
The Adams Law Offices helps Georgia executors, administrators, heirs, and, beneficiaries as well as other interested parties successfully navigate the “ins and outs” of Georgia estate administration proceedings. Our Firm would welcome the opportunity to guide through this stressful and confusing process. Please 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, Georgia near the intersection of Piedmont and Roswell Roads.
The Adams Law Offices helps clients in Georgia probate matters throughout the Metro Atlanta, Georgia area including the following cities, communities, and counties: Atlanta, Alpharetta, Fairburn, Roswell, Sandy Springs, Buckhead, Decatur, Lithonia, Druid Hills, Dunwoody, Tucker, Marietta, Smyrna, Vinings, Duluth, Acworth, Fayetteville, Marietta, Lawrenceville, Norcross, Morrow, Riverdale, Canton, Milton, John's Creek and other cities throughout North Georgia. DeKalb County, Fulton County, Cobb County, Gwinnett County, Fayette County, Clayton County and Cherokee County
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.
§ 53-7-54. (Revised Probate Code of 1998) Breach of fiduciary duty
(a) If a personal representative or temporary administrator commits a breach of fiduciary duty or threatens to commit a breach of fiduciary duty, a beneficiary of a testate estate or heir of an intestate estate shall have a cause of action:
(1) To recover damages;
(2) To compel the performance of the personal representative's or temporary administrator's duties;
(3) To enjoin the commission of a breach of fiduciary duty;
(4) To compel the redress of a breach of fiduciary duty by payment of money or otherwise;
(5) To appoint another personal representative or temporary administrator to take possession of the estate property and administer the estate;
(6) To remove the personal representative or temporary administrator; and
(7) To reduce or deny compensation to the personal representative or temporary administrator.
(b) When estate assets are misapplied and can be traced in the hands of persons affected with notice of misapplication, a trust shall attach to the assets.
(c) The provision of remedies for breach of fiduciary duty by this Code section does not prevent resort to any other appropriate remedy provided by statute or common law.
If you sense or can imagine you have, or will be, the victim of dishonest acts, deception or fraud by an administrator or executor you should immediately seek advice from an experienced Georgia probate and estate attorney. Moreover, my opinion is that you should always be on the safe side and make sure that your rights are protected and that an experienced Atlanta probate attorney is looking out for your best interests. As such, you may consider looking into seeking the representation of an experienced Georgia probate and estate law firm.
The Adams Law Offices helps heirs and beneficiaries of Georgia probate estates when an administrator or executor commits or threatens to commit a breach of their fiduciary duties. Our Firm also helps administrators and executors carry out their fiduciary duties expeditiously, fairly and cost-efficiently and keeps them out of harm’s way of the persistent and “accusation throwing” heir or beneficiary.
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. 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. The Adams Law Offices helps clients throughout the Metro Atlanta, Georgia area including the following: Fulton County Probate Court, in Atlanta, Georgia; DeKalb County Probate Court, in Decatur, Georgia; Cobb County Probate Court, in Marietta, Georgia; Gwinnett County Probate Court, Lawrenceville, Georgia; Fayette County Probate Court, Fayetteville, Georgia.
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."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.
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.