Atlanta Estate Planning Lawyer Blog

As Atlanta, Georgia, business attorneys who also practice complex trust and estate planning and will, trust and estate litigation, we recognize there are numerous lawyers and companies who want to help you plan and protect your estate assets. These same lawyers and companies also want to help you set up your business succession planning and assist you with your estate planning. However, as business assets become increasingly intangible and more difficult to define, the estates of persons owning and having an interest in these businesses become more complex, difficult to plan, probate and administer. If these estates are not planned properly, it is quite possible these estates could end up in litigation.

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 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, 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.

We would welcome the opportunity to discuss your business and estate affairs. 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 "Contact Us Form".

Our Firm is conveniently located in the Buckhead section of Atlanta, Georgia, near the intersection of Piedmont and Roswell Roads. Our Firm provides experienced legal representation through exceptional Atlanta wills, trusts and estate lawyers and our business planning and business litigation attorneys.

The Adams Law Offices assists clients throughout the Metro Atlanta area, Georgia, and the United States. Some of these areas include the following cities, communities, counties, and US States:

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; DeKalb County, Fulton County, Cobb County, Gwinnett County, Fayette County, Clayton County, and Cherokee County; LA, FL, TX, SC, NC, AL, OH, MI, CA, NY, CO, TN, NV, MO, AZ, NJ, VA, and NM.

The Atlanta probate and estate litigation lawyers at our Firm who have lawsuits and disputes ongoing in Marietta, Cobb County; Atlanta, Fulton County; Decatur, DeKalb County; Lawrenceville, Gwinnett County, as well as other Metro Atlanta area county probate courts have seen breach of fiduciary claims on the rise.

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 intersections 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:

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; DeKalb County, Fulton County, Cobb County, Gwinnett County, Fayette County, Clayton County, and Cherokee County; GA, LA, FL, TX, SC, NC, AL, OH, MI, CA, NY, CO, TN, NV, MO, AZ, NJ, VA, and NM.

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.

I do my best to ensure that my Atlanta probate clients do not face these issues in the first place. Regardless, The Adams Law Offices is available to file caveats or file Georgia probate litigation over any disputes in an estate, including breaches of fiduciary duty. If you would like to speak with an experienced Georgia estate litigator 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.

A person is qualified under Georgia Law to serve as a Guardian and/or Conservator of a proposed ward if such person is:
1. Over the age of 18 years of age;
2. A Georgia resident; or a non-resident who is:

(a) related by lineal consanguinity to the ward;
(b) a legally adopted child or adoptive parent of the ward;
(c) a spouse, brother, sister, uncle, aunt, niece, or nephew of the ward, or someone elated by lineal consanguinity to any such person; or
(d) the spouse of a person otherwise qualified above; and

3. Has never been convicted of a felony.

A Petition for appointment of a Guardian and/or Conservator for the proposed ward will be filed with the GA County Probate Court in which the proposed ward is domiciled. This Petition requires either two Petitioners to sign the document or one Petitioner and the completed affidavit of a physician or psychologist licensed to practice in Georgia or a licensed clinical social worker, who has examined the proposed ward within 15 (fifteen) days prior to the filing of the Petition. In, Georgia, unless the alleged incapacitated person is indigent, the Petition must submit with a check to the GA County Clerk of Court for the filing fees. The filing fees vary slightly per each separate GA County Probate Court.

Continue reading "GEORGIA GUARDIANSHIP AND CONSERVATORSHIP PROCEDURES IN GEORGIA COUNTY PROBATE COURTS -- ATLANTA, GEORGIA (FULTON COUNTY PROBATE COURT); DECATUR, GEORGIA (DEKALB COUNTY PROBATE COURT); MARIETTA, GEORGIA (COBB COUNTY PROBATE COURT); LAWRENCEVILLE, GEORGIA " »

An executor or administrator is appointed by the GA probate court to perform the same administrative responsibilities when there is no Georgia will, the Georgia will fails to name an executor or no executor named in the GA will cannot or elects not to serve. Whether you are an executor or administrator, you must perform these important fiduciary duties imposed on you under GA probate law and in accordance with Title 53 of the Official Code of Georgia Annotated (O.C.G.A.), which governs “Wills, Trusts, and Administration of Estates.” Title 53 of Official Code of Georgia Annotated imposes significant and strict fiduciary duties and lofty legal obligations on the executor or administrator to the estate, beneficiaries, heirs, GA probate court and other “interested parties”.

These important legal obligations often have severe consequences if not performed in accordance with GA probate law and the fiduciary duties and executor or administrator has and the “personal representative” of the estate. By way of quick definition, GA probate law refers to both an executor and administrator the personal representative. In the alternative of performing all of the these extensive and burdensome fiduciary duties and administration obligations on their own, many executors or administrators retain an experienced GA probate law firm to guide them through their duties, obligations and to perform their fiduciary duties in accordance with GA probate law.

In the alternative, many GA probate and estate law firms step in and act as executor or administrator of the estate. One reason prudent Georgia executors or administrators retain an experienced GA law firm to assist them, guide them and prepare important legal documents for them, is that an executor or administrator who does not perform their fiduciary legal obligations can be held personally liable for their acts. This occurs more often than one might think. In my law practice as a GA probate attorney, I have seen all forms of serious accusations against executors or administrators and all forms of misdeeds done by executors or administrators. This holds true whether these mistakes any such were made because of poor performance, not performed at all or performed with unjust intent.

Continue reading "WHAT ARE YOUR ‘FIDUCIARY DUTIES’ AS EXECUTOR OR ADMINISTRATOR OF THE GEORGIA ESTATE?" »

Living trusts have become popular in Georgia in the last several years as an estate planning alternative to conventional wills. They are frequently touted as a way to avoid the Georgia probate courts, which are sometimes criticized as expensive and slow to resolve estates. While I believe the probate process doesn't have to be those things, I am also happy to set up living trusts when they make sense for my clients.

Unlike a will, a living trust isn't a legal document in which you simply write down your wishes. A trust is a legal structure like a corporation or a partnership. After you create it, you can transfer your assets -- your home, bank accounts and other property -- into the trust and then specify who is to receive them after you die. This legal trick allows you to take all of your assets out of your own name while keeping them under your control. Because probate only applies to property held in your own name, you can avoid a probate case in this way.

People who set up living trusts generally name themselves as the sole trustee in charge of the trust, or name their spouses as co-trustees, although they can name any adult. Trustees have the legal right to manage and control the trust's assets, so it's important to name trustworthy people. You can also name a person or institution as a successor trustee to manage the trust if you are incapacitated.

Continue reading "ESTATE PLANNING IN GEORGIA WITH A LIVING TRUST, WILL, POWERS OF ATTORNEY OR BOTH – WHICH OPTION IS BEST FOR YOU?" »

All too often in our Atlanta, GA, Buckhead and Midtown law offices we receive calls from distressed family members wanting to establish a guardianship for a loved one. Of course, many guardianships are established for young adults because of mental deficiencies or unfortunate accidents; but, the greater number of adult guardianships are established for elderly family members.

Unfortunately, most people wait until a family crisis has occurred before they decide to investigate the options that are available to them. The ideal time to speak with an attorney would be before an individual is incapacitated, in a hospital, in a coma, unable to care for themselves, suffering from dementia or Alzheimer’s, or their bills are remaining unpaid. When a person is deemed to lack sufficient capacity to make or communicate significant responsible decisions concerning his or her health or safety, it is time for that person’s friends or family to take the appropriate action to protect their loved one.

The initiation of a guardianship is not only an expensive proceeding but it is a very emotional time for both family and friends. Many times hard feelings are made not only by the proposed ward but also by other family members and the ward’s friends.

Although the circumstances surrounding the need to establish a guardianship vary, the procedure remains the same. In Georgia the Court requires that a petition be brought by either one petitioner and a physician, psychologist, or licensed clinical social worker, who will submit an evaluation of the proposed ward based upon an examination within fifteen days prior to the filing of the petition; or two petitioners.

If the Court accepts the petition, it will assign a physician, psychologist, or licensed clinical social worker to evaluate the proposed ward and file their report with the Court and a hearing will be set.

Continue reading "ELDER CARE IN GEORGIA -- POWERS OF ATTORNEY AND ADVANCE DIRECTIVES VS. ADULT GUARDIANSHIP" »