Atlanta Estate Planning Lawyer Blog

The Atlanta, Georgia, fiduciary and Estate Litigation lawyers have seen a striking increase in the exploitation of the elderly through powers of attorney. Make no mistake about it; abusing the fiduciary duty imposed under Georgia law for the holder of a power of attorney is tantamount to stealing. It is white-collar crime at its worst. Our Atlanta, Georgia breach of fiduciary duty lawyers have significant experience in rectifying the misuse and abuse of a power of attorney. Our Firm is also aggressive in recovery of the exploited funds.

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.

The Adams Law Offices has experienced Georgia litigation lawyers who specialize in stopping the exploitation, misuse, and abuse of any power of attorney. Our Firm has significant experience handling the recovery of the misused funds. We can also defend you if you have been unjustly or wrongly accused concerning the use of a power of attorney. Should you have any questions or desire any assistance, our Firm welcomes the opportunity to be of service to you. Please feel free to call our Firm (404) 467-8611 or toll free at 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.

As an Atlanta, Georgia wills, trusts and estate litigation lawyer, I am often asked by potential clients to determine if any undue influence has occurred with respect to a Georgia will, trust, power of attorney; or, other legal document. Our Atlanta, Georgia probate and estate lawyers have pending will contest cases in Atlanta, Georgia (Fulton County) Decatur, Georgia (DeKalb County), Marietta, Georgia (Cobb County), Lawrenceville, Georgia (Gwinnett County) and Macon, Georgia (Bibb County). As such, I have seen a common theme in the Georgia law being used to litigate these cases. While I am of the strong opinion there is typically no one factor which in and of itself can establish undue influence, there are a number of factors, which should absolutely be considered.

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.

Should you have any questions or desire any assistance, our Firm welcomes the opportunity to be of service to you. Please feel free to call our Firm (404) 467-8611 or toll free at 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.

The Adams Law Offices represents clients throughout the Metro Atlanta, Georgia area including the following Georgia County Probate Courts: Atlanta, Georgia (Fulton County Probate Court); Decatur, Georgia (DeKalb County Probate Court); Marietta, Georgia (Cobb County Probate Court); Lawrenceville, Georgia (Gwinnett County Probate Court); Cumming, Georgia (Forsyth County Probate Court); Fayetteville, Georgia (Fayette County Probate Court). Our Firm also represents clients in the cities in these Georgia Counties including the following: 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. We also serve as local counsel and represent clients who are from across the United States, including the following States: LA, FL, TX, SC, NC, AL, OH, MI, CA, NY, CO, TN, NV, MO, AZ, NJ, VA, NM, and more.

The Atlanta, Georgia, will contest lawyers at our Firm have seen a rise in the number of shameful and disgraceful “primary persons,” “caregivers,” and “significant others” who attempt to seemingly base their living on their ability to give rise to their fortune through the misappropriation of another's funds “in disguise” – through inheritance via the will. This is usually to the exclusion of the rightful and normal beneficiaries and heirs; the family members – the loved ones.

Our Georgia will litigation firm has noteworthy experience advising and representing clients in seeking out the “truth” in their case proving the invalidity of a will through full discovery. Our Firm usually advises to seek full discovery through means such as the following: Request for Admissions, Interrogatories, Request for Production of Documents, Depositions, Psychiatric Evaluation Orders; and all other available means, pursuant to the Georgia Civil Practice Act. In fact, our Atlanta, Georgia will and estate litigation lawyers usually seek a jury trial in most instances -- NOTE: You can have your jury trial in all the Georgia probate courts where the county has approximately 96,000 residents or more – (See recent U.S. Census).

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-based 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. Our Office provides experienced legal representation through exceptional Atlanta Probate Attorneys. We represents clients throughout the Metro Atlanta, GA area including the following GA 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.

As an Atlanta, Georgia, power of attorney litigation lawyer, I have seen a sharp rise in the number of cases dealing with the misuse of a power of attorney or other similar document. Most times, the fiduciary lawyers at our Firm see the misuse and abuse of a Georgia power of attorney committed against the elderly, incapacitated, and other persons who tend to be trusting, in need of help and/or suffer from some mental disorder, cognitive disability, or laboring under circumstances, which make them easily influenced or coerced.

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.

Our Firm 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 Georgia probate litigation lawyers at my firm are receiving more and more calls from persons interested in finding out whether they need a Georgia probate attorney to represent them in a Georgia probate ‘inheritance’ or ‘estate’ administration proceeding, dispute or litigation. Our Firm also receives an equal number of calls from executors or administrators of Georgia estates seeking experienced local Atlanta, Georgia, probate litigation lawyers to guide them through the trials and tribulations of being the executor or administrator of a Georgia estate. As an experienced Georgia probate lawyer, I have found that chances are if you think you need a Georgia probate lawyer, you almost certainly do.

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.

Continue reading "THE BEST ATLANTA PROBATE LITIGATION ATTORNEYS -- HOW TO FIND THEM" »

As a Georgia probate litigation attorney practicing in the Atlanta area, I am frequently asked to represent beneficiaries and heirs in disputes against executors and administrators who have breached, or threaten to breach, their fiduciary duties. Georgia probate law provides that if misconduct or other violation(s) by a Georgia executor of administrator occur, the Georgia probate court may cause the executor or administrator to appear before the Probate court and show cause why such executor or administrator should not be removed from their fiduciary position.

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

As a Georgia probate attorney practicing in the Atlanta area, I find I am frequently asked by my clients, who are executors and administrators, about the best way to handle and manage the heirs and beneficiaries of the Georgia probate estate. These questions often involve legal and moral matters concerning executor and administrator fiduciary duties, responsibilities and the rights various parties to a Georgia estate administration proceeding.

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.

Continue reading "INSIGHT FROM AN ATLANTA, GEORGIA PROBATE ATTORNEY -- A COMMON THEME IN GEORGIA ESTATE ADMINISTRATION IS THE INHERIT FIGHTING BETWEEN EXECUTORS, ADMINISTRATORS, HEIRS AND BENEFICIARIES" »

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.

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" »

As an Atlanta Probate Lawyer, I have experienced first-hand the wide range of time frames and seemingly, intolerable leeway an executor or administrator has to carry out the fiduciary duties imposed pursuant to TITLE 53 of the Official Code of Georgia Annotated entitled “WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES”. Under this Title 53, the Georgia Probate Court likely will allow the any GA executor or administrator varying degrees of time in which to undertake the Georgia estate administration process in any decedent’s estate. Any acting executor or administrator who is qualified and in charge of an estate in Georgia Probate court has approximately six (6) months to create an inventory of all of the estate's assets, liabilities, debts and other relevant estate matters, and issue and provide any beneficiary or heir of the Georgia estate an inventory and accounting. Moreover, this seemingly lenient rule of Georgia Probate Law is oftentimes waived by an unknowing estate beneficiary or heir if they “sign off”, or “consent” to giving the estate executor or administrator this leeway.

The unknowing beneficiary or heir oftentimes signs documents as requested by the Georgia executor or administrator, or their GA Probate Lawyer, without knowing or asking what these documents mean. It is essential for any beneficiary or heir to understand the impact signing any “release” will have on them in knowing and understanding the estate's assets, liabilities, debts and other relevant estate matters such as the status of the estate proceedings or their inheritance. As a rule of Georgia Probate Law, you should be very cautious about any documents you sign. This is especially true if it is requested you sign anything having to do with an estate under which you are a beneficiary or heir, where you are requested to sign in front of a witness or witnesses or in the presence of a Georgia Notary Public. Under Georgia Probate law, you are deemed to have read, understood and presumably had the right to consult with a Georgia Probate Attorney or Atlanta, Georgia Probate law firm concerning the meaning and impact of these documents. In my Probate Law practice, I often see beneficiaries and heirs unknowingly waive important rights to their detriment. Moreover, many times it becomes a “he says she says” argument as to whether the beneficiary or heir knew or understood the dire impact of the documents she or he signed or if any explanation was given at all.

If you are a beneficiary or heir under a Georgia Probate Court estate, you should consult an experienced Atlanta Probate Law Firm before signing anything. As an experienced Georgia probate lawyer, I can not tell you how many time clients come into our Buckhead, Atlanta, Georgia Probate Law Firm after it is to late and the client-beneficiary or client-heir has given up many important rights they would have been entitled to had they not signed important empowering estate documents to their detriment.

Continue reading "PETITIONS FOR INVENTORY AND ACCOUNTING IN GEORGIA PROBATE COURT – AS A GEORGIA ESTATE BENEFICIARY OR HEIR, KNOWING AND ASSERTING YOUR RIGHTS PROMPTLY CAN BE CRITICAL" »

If you are, or may be, an executor or administrator of an estate in GA probate court I believe you should consider that you are in charge of managing the bulk of the administrative responsibilities related to the administration of the estate and have a strict fiduciary duties to carry out.

As a potential or acting executor or administrator of an estate in GA probate court, you must understand that you are legally accountable for the expeditious management of nearly all administrative responsibilities related to the administration of the Georgia estate considering the circumstances. These legal obligations are referred to and set forth in Title 53 of the Official Code of Georgia Annotated (O.C.G.A.) which governs “Wills, Trusts, and Administration of Estates.” These legal obligations are a lofty standard and referred to as your ‘fiduciary duties’. These “fiduciary duties’ impose on all executors and administrators exceptionally demanding legal responsibilities to the estate beneficiaries, heirs, Georgia probate court and other “interested parties”.

The Personal Representative (Administrator or Executor) Obligations and Duties Include:

1. Make sure that desired funeral arrangements are made and carried out.
2. Locate the original will and file with the Georgia Probate Court with the correct petition and other legally required documents. This includes the decedent’s death certificate.
3. Petition the GA Probate Court for appointment as Executor or Administrator (both referred to as a “Personal Representative” under GA law) and Petition for Letters Testamentary or Petition for Letters of Administration depending on the whether a Will governs the decedent’s estate and whether there is a Personal Representative available to serve under the Will.
4. For decedent’s estates, publish Notice to Debtors and Creditors of the Estate in the legal newspaper (“Legal Organ”). Publish legal Notice of Hearing in the legal newspaper, or other publication, acceptable to the Court.
5. Obtain death certificate or doctor's statement for insurance claims (sometimes birth and marriage certificates also are necessary).
6. Notify all heirs, legatees, devisees, and next of kin of their interest in the estate. Search for any heirs if necessary. Petition the Court for Determination of Heirs if necessary.
7. Locate any safe deposit box or location where relevant instructions, documents, assets of the estate may be kept. Arrange for inventory of safe deposit box contents.
8. Obtain any whole and/or life insurance claim forms, fill out, and submit with policy (or policies). Obtain proceeds for beneficiary and Form 712 for estate tax return.
9. File claims for final medical bills with Medicare and other medical insurance carriers.
10. Assemble necessary documents for each parcel of real estate or mineral interest, including deeds, leases, tax receipts, title abstracts, and insurance policies.
11. If necessary, oppose in Court all incorrect or invalid claims against the estate.

Continue reading "BEING EXECUTOR OR ADMINISTRATOR OF AN ESTATE IN GEORGIA PROBATE COURT – ARE YOU UP TO THE TASK? – GUIDELINES AND SUGGESTIONS" »

Being an executor or administrator of a Georgia estate in probate court is no easy undertaking. In fact, as executor or administrator of a GA estate, you are stepping into a position ripe, ready and waiting for conflict and disharmony to develop among all the interested parties to the estate, or worse yet, parties that will use their influence to control others who do have an interest in the estate. To say the least, these matters are already emotional from the death of a loved one and now, as executor or administrator, you are in charge managing the often-greedy heirs or beneficiaries. At the very least, this can add substantial administrative and bureaucratic responsibilities to your life as well as significant anxiety and stress. Furthermore, these oftentimes come at a time when you may already be grieving and have your own affairs to manage. In almost all cases, this is further complicated by the significant administrative duties imposed by law on a GA executor or administrator and the fiduciary duties and liabilities that come with this position.

In most GA estates, both executors and administrators are frequently relatives or close friends of the deceased person (the decedent). This would seemingly be a plus; however, more often it turns out to be the starting place of many arguments, endless wrangling, power struggles and ultimately many GA Probate disputes, will contests and litigation proceedings. Many of these GA estate disputes and much of this GA probate litigation stems from the fact that many of the other members contesting the actions and alleged breach of the personal representative’s fiduciary duties are also frequently, family members, relatives, or close friends of the deceased person (the decedent). In fact, it is often the case that these family members, relatives and close friends stand to inherit assets of the Georgia estate or have some interest in the outcome of the distribution of assets.

Perhaps most importantly, acting as a personal representative gives you a fiduciary duty to the estate -- that is, you are legally responsible for ensuring that your financial decisions are made with complete information, according to the estate's best interests and as expeditiously considering the circumstances. This is the same fiduciary duty given to leaders of corporations, and like those leaders, you are legally liable for any lawsuit alleging that you have not met your fiduciary duties. This includes personal liability, which is beyond assets of the estate and not limited in any way, shape or form to the assets of the estate.

Continue reading "PREVENTION OF DISPUTES IN GEORGIA PROBATE COURT BY THE EXECUTOR OR ADMINISTRATOR – FORESIGHT, DETECTION, AND AVOIDANCE " »