Atlanta Estate Planning Lawyer Blog

As an Atlanta probate litigation attorney, I have noticed that as the population of the United States ages, it is a common for most families to have an elderly parent who is independent enough to live alone, but who is unable to manage household expenses. In the interest of helping the senior maintain independence for as long as possible, a son or daughter’s name is frequently added to the senior’s bank account to facilitate payment of the expenses. In addition to paying any bills from the account, the joint account holder will be able to keep an eye on the outflow of monies and perhaps oversee any transactions that the senior does make. How the account is set up when the additional person is added, though, can have an impact on the outcome of any Georgia probate proceedings upon the death of the parent.

When creating a joint bank account, inserting the word “or” between the names of both account holders is a simple way to allow for either party to process transactions independently. While this facilitates the payment of expenses as described in the previous example, if one account holder dies, it also allows for all funds in the account to pass to the surviving account holder. When the second person is a spouse or the only surviving relative, this may not pose a problem. But when there are other heirs, a dispute may take place if the heirs feel that they are entitled to a portion of the funds. The question of who receives the funds will be addressed during probate proceedings, as the true intent of the deceased is investigated. Most commonly, the proof of how the money will be divided up is found in the will. But with no will, or if the will does not clearly state how the funds are to be allocated, the court will needs to determine if the second account holder was added only for the sake of convenience or if it was the true intention of the deceased to gift the funds to the second account holder.

When the word “and” is used between two names on a joint bank account, no transactions on the account can be processed without the other party’s signature. This is common in Georgia business partnerships where the inflow and outflow of funds needs to be closely monitored. Under this scenario, in the event that one account holder dies, half of the funds will pass on to the estate of the deceased and half of the funds will pass to the surviving account holder. This set up is not common in family dealings and does not usually cause a dispute during Georgia probate proceedings.

The types of joint account disputes involving family members can be avoided by asking an experienced and qualified Georgia probate attorney to set up a will that clearly defines your desired intentions. Keep in mind that while probate proceedings resolve issues on these difficult and emotionally charged cases, your heirs are the ones who will live not only with the outcome, but also with the consequences caused by any drama that plays out during the proceedings. With the proper planning you can eliminate this turmoil and create a positive experience for your loved ones.

Continue reading "JOINT ACCOUNT DISPUTES IN GEORGIA AND THEIR IMPACT IN PROBATE COURT PROCEEDINGS" »

The Atlanta, Georgia, will litigation lawyers of The Adams Law Offices have seen an increase in will contest lawsuits. One of the areas we have seen an increase is the assertion of undue influence. Often this occurs when one sibling tries to exploit a family member with diminished mental or physical capacity in order to obtain a more favorable distribution under the will than another. One sibling’s close relationship to a parent often presents an opportunity for deception and manipulation to occur. If the will is made with unwarranted influence, the will’s validity may be challenged.

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.

Continue reading "ATLANTA, GEORGIA WILL CONTESTS – SIBLINGS TRY TO USE THEIR POSITION TO EXERT UNDUE INFLUENCE OVER PARENTS’ WILLS" »

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 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.

Continue reading "ATLANTA GEORGIA WILL CONTEST LAWYERS AND INHERITANCE DISPUTE ATTORNEYS AGREE; FINANCIAL ELDER ABUSE IS ON THE RISE – WILLS SPEAK THE UNJUST TRUTH" »

The Atlanta, Georgia probate 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.

Continue reading "ATLANTA ESTATE, FIDUCIARY AND PROBATE LITIGATION LAWYERS SEE RISE IN LAWSUITS AND DISPUTES AMONGST EXECUTORS, ADMINISTRATORS, BENEFICIARIES AND HEIRS" »

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

Atlanta, Georgia probate litigation Lawyers, who specialize in wills, trusts, estates and probate, as I do, tell clients and potential clients that meeting with an Atlanta, GA attorney to acquire an overview of how their assets are held is essential. This straightforward estate planning is indispensable because some assets are better suited when held or titled in a form under which the assets will pass outside of the purview of the Georgia county probate court. It is also a critical step to ensure that your assets pass to the persons or entities you desire and to avoid almost unavoidable fighting, bickering, probate disputes and probate litigation that develops when it is not clear where, and/or to whom, estate assets are legally to be distributed.

Unfortunately, most of us neglect to say why this is a good idea. In fact, if Georgia county probate courts didn't happen to be in charge of granting marriage licenses, most Georgians might never encounter the word “probate” until they lose a loved one and matters are mixed up and confusing to say the least. However, this is not the Georgia county probate court’s fault in any way, shape or form. It is the lack of planning on the individual’s part that causes the potential and oftentimes devastating confusion and fighting amongst family members. As such, it is critical to meet with an experienced Atlanta, GA probate lawyer to set up your estate plan in a fashion which will avoid all of the above-mentioned confusion. In short, the old sayings go: “an ounce of prevention is worth a pound of cure” and “greed brings out the worst in people”. The fact of the matter is, if there are estate monies, stocks, assets, properties, etc. which are not clearly designated to an heir or beneficiary under an estate plan formulated by a qualified Atlanta, GA estate planning and probate lawyer, people will fight “tooth and nail” to get at these assets and make them their own. And, you can rest assured they will not come alone, they will come with their own Georgia probate lawyers, accountants, experts and the like. An experienced attorney can create an estate plan for you that can help to prevent these disputes, or at least minimize them to a large extent.

Continue reading "MINIMIZE OR DIMINISH IMMINENT PROBATE AND ESTATE ADMINISTRATION DISPUTES" »