Atlanta Probate Lawyer Blog

As an Atlanta, Georgia, Dispute Attorney for Will Disputes; Atlanta, Georgia, Lawsuit Litigation Lawyer for Will Validity; ATL, GA Will Contest Attorney; and, Atlanta, North Georgia Will Challenge Lawyer -- many people are often confused how THE ADAMS LAW FIRM uses undue influence as a defense to issues related to Heir and Beneficiary Will Contests, Probate Disputes, Estate Challenges, and ATL, GA, Probate Litigation.

AFTER THE TESTATOR HAS PASSED AND THE ESTATE IS BEING PROBATED

One of the cases commonly referred to and used as a defense to undue influence is Haynes v. First National State Bank of New Jersey case in 1981. The New Jersey Supreme Court established that the burden of proof lies on the proponent, especially when there are suspicious circumstances surrounding the will. It is also extended to transfers of property between donors and beneficiaries. The donee must bear the burden of proof and establish that the transfer of property was a gift and not the result of undue influence. This is altogether not so problematic when other heirs and beneficiaries received gifts, estate taxes mandated gifts of property and other wealth to use the Testator’s Unified Credit, and more. Therefore, it is common that related parties make gifts to their “flesh and blood” rather than have this money go to the Georgia Department of Revenue or the United States Treasury (the IRS).

Another landmark case is Pascale v Pascale in 1988. The New Jersey Supreme Court stated that the donee must establish for the court that the donor had an unbiased and competent counsel prior to the drafting of a Georgia Will or Power of Attorney. It is also helpful if these documents remain relatively similar in disposition of assets and powers given to the Power of Attorney In Fact. This is especially true if the donor is found to be mental or physically weakened. However, if the instructions and dispositions in these documents remain relatively the same, then a “best practices management” argument would be as follows:

• Argue to the Jury that whether it was a time the Testator was knowingly competent and understanding the consequences of all his or her acts, to the time when lack of capacity of undue influence might have set in, that even after the onset of some disease making a person susceptible to Undue Influence, the Testator’s wishes and desires remained the same.

• You may also argue that any confidential relationship can create a presumption of undue influence that the donee must then prove to be otherwise. A donee with superior knowledge of financial matters, fiduciary relations, or one who is directly responsible for the physical care of the donor can be considered to have an extraordinary relationship that could create undue influence. However, you will then go on to say someone has to take care of the loved one, and why should it not be another loved one rather than a hired paid caregiver who possibly doesn’t care about the disposition of the Georgia Testator’s Estate.

• To the contrary, Consider King v Brown in 2006. The jury found the will to be invalid due to undue influence and lack of testamentary capacity. In 2002, the decedent divided his estate between his 6 children in a will. Shortly thereafter, two of the decedent's daughters (King and Brown) were named his guardians and they began to quarrel over the estate and money. When his house was destroyed, the decedent moved in with his daughter King and shortly thereafter wrote a new will disinheriting Brown and leaving his estate to his daughter King. The jury decided that this was a result of undue influence because the father had become so dependent on his daughter for care and influenced by King decided to disinherit his daughter. This is obviously the scenario you to avoid in your case and defense.

A PROCEDURE TO FOLLOW BEFORE THE TESTATOR SIGNS THE WILL, AND A WILL CONTEST IS ON THE HORIZON.

The types of joint account disputes involving family members can be avoided by asking an experienced and qualified Georgia Estate Planning and Probate Attorneys in Atlanta, Georgia to set up a Georgia Will that clearly defines the Testator’s 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. Moreover, documentation of the Testator’s ailment is necessary as is making sure that capacity is shown at the time of the making of the will as well as having a recent visit from a doctor are always helpful ways to document the intentions of the Testator.

In fact, it may be prudent to video tape the proceedings, take extra steps to make sure the Testator is of sound mind, ask a lot of difficult questions to demonstrate the Testator’s capacity, and also possibly record the Georgia Will execution. What is more, have the proper unbiased witnesses there who do not know the Testator and do not in any way shape or form have an interest in any Georgia will contest proceeding. This also might be time to add an extra witness to your Will and not use your own paralegal as a witness or witness the Georgia Will itself. The fact is, acting as if this situation does not exist is the absolute wrong thing to do. You may also want to do the following:

• Record the proceeding

• Have extra witnesses unrelated at the will signing

• Ask extra questions to determine the Testator’s capacity

• Put an “In Terrom” or “No Contest” clause in the Will

• Acknowledge the left out parties and state why as opposed to just oddly leaving them out altogether looking as if the Testator forgot these would be heirs of beneficiaries did not exist

• Remember, when one makes a will must know and do as follows: 1) know the contents of the Will Document; 2) Know the Nature of his or her bounty; 3) Know and Understand the Nature and extent of his or her assets for disposition.

• The capacity to make a will is less than the capacity to make a contract, and only a lucid moment in time by the Testator necessary

• Use Common sense!

The Adams Law Offices Atlanta, Georgia Will Contest Defense Lawyers know how to use the one party’s acts or omission against them. Remember, we are often on the other side of the Georgia County Will Contest Case. The Adams Firm Atlanta Estate Litigation Lawyers know what to look for, bring to the attention of the jury, and downplay.

Continue reading "WILLS, TRUSTS AND ESTATE DISPUTE LAWYERS IN ATLANTA, GEORGIA USE UNDUE INFLUENCE AS A DEFENSE IN WILL CONTEST, ESTATE LAWSUITS, PROBATE DISPUTES, AND MORE – HERE IS HOW!" »

As a Georgia will dispute lawyer in Atlanta, Georgia, I surmise that if you are creating your will, you will likely want to reduce the chances of your loved ones squabbling over your estate and ending up in lengthy court battles. Avoiding a Georgia will contest, however, begins the moment you start to contemplate making your will. At The Adams Law Offices, our Atlanta will dispute attorneys can help minimize confusions surrounding your will and draft a will that will distribute your estate exactly as you desire, without the risk of will contests arising. After all, if a will is found to be invalid or thrown out, then you risk your estate being distributed according to Georgia law, also referred to the Georgia Laws of Intestacy.

GOOD DRAFTING AND PLANNING

It is crucial to hire an Atlanta will lawyer with the experience and skill needed to draft a solid will document. If you have a significant amount of wealth to distribute, you need to be careful about "disinheriting" anyone. Disinheriting family members, no matter the reason, usually sets the grounds for will challenges and disgruntled family member arguments. It is best to divide your estate accordingly.

CONSIDER GIFTING ITEMS BEFORE YOUR DEATH

It is wise to consider giving relatives and loved ones valuables and monies ahead of time, to avoid any arguments and challenges. The more "lifetime giving" you can engage in, the better off you will be. Consider establishing trusts and other such funds for beneficiaries.

INSERT A NO CONTEST CLAUSE IN YOUR WILL (OFTEN CALLED AN
"IN TERROM" CLAUSE)

You can insert a "no contest" clause in your will document that will prevent heirs from challenging your will's validity in court. While it is still possible to challenge this clause in court, it may help decrease the likelihood of a disgruntled heir contesting your will.

CONTACT AN EXPERT IN ATLANTA WILL CONTESTS, WILL DRAFTING, AND GEORGIA PROBATE

At The Adams Law Offices, we understand the complications that surround wills and estates. As such, we can help you prepare for the future and create a will that is designed to divide your estate in accordance with your wishes and desires. If you are concerned about the possibility of a will contest, call us today for a consultation. The Atlanta will contest lawyers at The Adams Law Offices can help you determine which course of legal action is right for you.

Continue reading "FIND ANSWERS FROM ATLANTA WILL DISPUTE LAWYERS RE: HOW TO AVOID A WILL CONTEST – ALSO KNOWN AS WILL DISPUTE, WILL CHALLENGE & WILL LITIGATION)" »

As a will probate litigation lawyer in Atlanta, Georgia, I know it is important to understand the grounds to contest a Georgia will. If you are a beneficiary, however, it is important for you to know if the Georgia will contains a "no contest" clause. If the will does contain a "no contest" clause and you still try to contest it, you will likely be disinherited all together. At The Adams Law Offices, we can help you determine if there is a reason to contest a will and can represent your interests throughout the will contest process.

GROUNDS FOR CONTESTING A WILL IN GEORGIA:

• Connected to the will—only people who are in direct connection to the will can contest its validity. You either have to be directly named in the will or a relative that should have been named in the will.

• Undue influence—if you believe that your loved one was influenced wrongly or created the will under duress in their final days, then you may have a valid reason to contest the will.

• Fraud—if you believe that your loved one was the victim of fraud or wrongdoing, then you may be able to contest the will.

• Mental Incapacity—if you question the mental capacity of the deceased person or testator, then the will may be considered invalid. You must be able to prove that your loved one was not of sound mind and body when the will was created.

TORTIOUS INTERFERENCE WITH INHERITANCE

If you do not wish to contest the validity of a Georgia will, but wish to interfere with the GA estate proceedings to acquire what is rightfully yours, there is another way. You may be able to file a lawsuit against the recipient of the portion of the estate you believe is rightfully yours. It is important to note, however, that this must be done when the testator of the will is still living. The Atlanta will contest lawyers at The Adams Law Offices can help you determine which course of legal action is right for you.

As soon as you realize a GA will contest dispute attorney may be part of what is necessary, right, and required to achieve justice, it is essential you seek the advice of an experienced Atlanta, Georgia will challenge lawyer to dispute the validity of the decedent’s Georgia will. Acting fast may save your Georgia inheritance and the inheritance of others.

Undue influence is often suspected upon administration of the decedent’s estate, but in other instances when noticed early on, the person exerting undue influence can be stopped before a will is executed. The Atlanta, Georgia will challenge lawyers at The Adams Law Offices are fiercely qualified to represent you in any Atlanta probate or estate lawsuit to invalidate a will. Our GA probate attorneys work throughout Atlanta and the more rural parts of Georgia.

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As an Atlanta, Georgia Petition for Inventory and Accounting Lawyer, I see many clients who have all but given up discovering what happened to the assets and monies of a Georgia Estate. They erroneously believe this because they have signed away their right to an Inventory and accounting. In the alternative, they believe they are not entitled to an Inventory and Accounting because the language in the will explicitly states one is not required. If this is your situation, you are in luck!

Georgia probate law provides that you can renounce your waiver to production of an Estate Petition for Inventory and Accounting in Georgia. Georgia law also states that language in a Georgia Will that an Estate Petition for Inventory and Accounting is not required to be produced is for convenience purposes. Any holding to the contrary on both of the above-referenced would be tantamount to a “license to steal” for any administrator, executor, or personal representative (Collectively referred to as “Fiduciary” or “Fiduciaries” of a Georgia Estate).

If properly requested, the Georgia Probate Court will issue a “Rule Nisi” (a “Court Order”) for the administrator, executor, or personal representative to appear in court at a formal hearing and state why an interested party’s request for a formal and complete “Petition for Inventory and Accounting” should not be produced. Guidance of an experienced Atlanta, Georgia probate lawyer is almost essential when undertaking this request in an estate proceeding.

It is important to enter into requesting a Petition for Inventory and Accounting appropriately. First, in my Atlanta, Georgia probate practice, I find it is a best practice to make a formal request on the administrator, executor, or personal representative through detailed demand letter sent to their counsel, or directly to the Fiduciary if they do not have counsel. In my numerous years of Georgia probate litigation experience, I have found that it is prudent to attempt to resolve the issue without court intervention. While necessary, I have found that such demand rarely satisfies the heir or beneficiaries making the request. Second, this demand will likely have a “knee-jerk” reaction causing the administrator, executor, or personal representative to cease any correspondence with the heir or beneficiary and remain silent. Furthermore, it oftentimes elicits the losing argument that the heir or beneficiary has waived their right to such and inventory or accounting by signing it away on the Estate’s “Letters Testamentary” or “Letters of Administration” issued to the Fiduciary. The other losing argument by the Fiduciary is that the language in the will explicitly states they are not required to give or prepare one. Again, these are both losing arguments. Do not be surprised if you see this argument made by an attorney representing the Fiduciary. This is a finite area of Georgia probate law and many non-probate lawyers are not privy to this rule. On another note, such requests should not be done to offend the Fiduciary, or for some other non-legal and legitimate reason. Remember, filing a Georgia Petition for Inventory and Accounting is tantamount to showing a lack of trust in the Fiduciary, questioning their moral principles, and making an implied statement that they have stolen, squandered, or abused estate assets. This is a serious accusation.

In some cases, conflicts surface when executors, administrators, or personal representatives can have difficulty providing an inventory of assets in a timely manner. It is precisely this situation that can make it seem that there is an abuse of power on their part. Conversely, many times executors, administrators, or personal representatives have breached their Fiduciary Duties. Under these circumstances, they are unable to provide an accurate inventory and accounting. This happens more often than one would like to think and seems to be happening more frequently in these tough economic times.

If you are an heir or beneficiary who feels the administrator, executor, or personal representative has breached their Fiduciary Duty, please do not hesitate to contact Our Firm. We will properly hold the Fiduciary accountable and do our best to return the estate to its previous condition or make the Fiduciary make equally satisfying amends. Many cases of Breach of Fiduciary Duty are serious and involve theft of estate assets, self-dealing, misappropriation of funds, and worse. For this reason, it is important for executors, administrators, or personal representatives (Fiduciaries) in this situation, to retain the service of an experienced and Georgia probate lawyer who can assist in identifying a breach of fiduciary duty, or just plain bad estate handling by the Fiduciary. In the latter case, it may be best to have this Fiduciary removed in favor of another.

Continue reading "PETITION FOR INVENTORY AND ACCOUNTING -- GEORGIA PROBATE LAWYERS CAN COMPEL PRODUCTION OF THIS DOCUMENT DESPITE A SIGNED WAIVER, OR LANGUAGE TO THE CONTRARY IN THE WILL" »

In my Atlanta, Georgia Probate Law practice, I counsel many clients on the procedures that Georgia’s probate law dictates. Heirs and beneficiaries frequently ask questions about the duties of personal representatives in the probate process. A personal representative is either named in the will as an executor (and usually called an executor as opposed to a personal representative), or appointed by the court as an administrator. An administrator is appointed when no will exists, if an executor was not named in the will, or in the case that the named executor is unfit to serve. Personal representatives have a fiduciary duty to perform the required tasks of probate in a way that treats heirs and beneficiaries fairly. Nevertheless, personal representatives are almost always referred to as an executor or administrator. In short, an executor or administrator is a personal representative and the Official Code of Georgia gives them this title. What is more, is that personal representatives must give an inventory and/or accounting to heirs or beneficiaries who have a legitimate concern or reason to know about the estates assets.

However, as a Georgia Probate, Wills, Trusts, and Estates Lawyer, what is problematic to me when it comes to an executor or administrator, --

Whether I am working in Sandy Springs, as a “Sandy Springs Probate Lawyer” or a “Sandy Springs Will Contest, Trust Litigation, or Estate Administration Lawyer”; in the Buckhead Area, as a “Buckhead Probate Lawyer” or a “Buckhead Will Contest, Trust Litigation, or Estate Administration Lawyer”; in Fulton County as an "Atlanta Probate Lawyer” or an “Atlanta Will Contest, Trust Litigation, or Estate Administration Lawyer”; in Gwinnett County as a “Duluth or Lawrenceville Probate Lawyer” or “Duluth or Lawrenceville Will Contest, Trust Litigation, or Estate Administration Lawyer”; in Forsyth County as a “Cumming, Georgia Probate Lawyer” or a Cumming, Georgia Will Contest, Trust Litigation, or Estate Administration Lawyer”; in Cobb County as an “Smyrna, Acworth, Kennesaw or Marietta Probate Lawyer” or a "Smyrna, Acworth, Kennesaw or Marietta Will Contest, Trust Litigation, or Estate Administration Lawyer”; and/or last but not least (in order to shorten this example”), in DeKalb County as a “Decatur Probate Lawyer” or a “Decatur Will Contest, Trust Litigation, or Estate Administration Lawyer”

-- is that there are so many situations where the heirs or beneficiaries do not hire a lawyer and demand an inventory or accounting merely because the Will or Letters of Administration state that the executor, administrator, or personal representative is relieved from performing this duty. --

GEORGIA PROBATE LAW HOLDS THAT DESPITE WHAT THE WILL, LETTERS TESTAMENTARY, OR LETTERS OF ADMINISTRATION STATE WITH REGARDS TO GIVING AN INVENTORY OR ACCOUNTING, IS THAT AN EXECUTOR, ADMINISTRATOR, OR PERSONAL REPRESENTATIVE, MUST GIVE AN ACCOUNTING IF AN HEIR OR BENEFICIARY PROPERLY DEMANDS ONE.

The general list of tasks of Georgia personal representatives includes taking control of the estate’s assets, paying off the estate’s debts and administration expenses, selling estate assets to pay debts and expenses (or to distribute assets more efficiently), filing tax returns on behalf of the estate, distributing assets to beneficiaries and heirs, filing any required reports (including an inventory and accounting), and applying for discharge from office. The first step of taking control of the estate’s assets is critical. In this step, the personal representative must identify, locate, and value the estate’s assets. Without this information, no determination can be made regarding how to distribute the estate and the probate process would stall.

During the stressful time surrounding the death of a loved one, friend, or business associate, it is common to lack the focus necessary to deal with probate proceedings. Under stress, beneficiaries and heirs may sign documentation without the proper legal review, which can cause them to waive certain rights. The right to an inventory and accounting of estate assets is one of the rights that is sometimes waived unknowingly.
Even when a personal representative succeeds in getting an heir or beneficiary to sign a waiver that forfeits their right to an inventory and accounting, it is important to know that the waiver can be renounced afterward and an inventory and accounting can be demanded. Once you have waived this right, it is important to retain an Atlanta Probate Lawyer to assist you in acquiring an inventory and accounting that is true, accurate, and complete.

To renounce this type of waiver, an experienced Georgia probate attorney can assist in filing a petition for inventory and accounting that forces the personal representative to release this information. Another way that heirs and beneficiaries are left out during the probate process is through the instructions given in the will. Sometimes wills state that the executor is not required to give an inventory and accounting to heirs and beneficiaries. While this may be included in some wills as a result of undue influence over the testator by a third party, heirs, and beneficiaries do have rights under Georgia law to protect against this type of self-dealing. Again, a petition for inventory and accounting can be filed that will give the heirs and beneficiaries access to the asset information.

Continue reading "FIND THE BEST ATLANTA PROBATE LAWYER TO FILE A PETITION FOR INVENTORY AND ACCOUNTING IF YOU ARE CONCERNED ABOUT ESTATE ASSETS: GEORGIA PROBATE LAW OVERRIDES INSTRUCTIONS THAT THERE IS NO NEED TO GIVE AN INVENTORY OR ACCOUNTING TO HEIRS OR BENEFICIARIES" »

The Atlanta will contest defense lawyers at The Adams Law Offices are experienced in defending clients in disputes over the provisions of wills and administration of estate assets. Parties that can be defended in a will contest include the estate, beneficiaries, heirs or personal representatives. But it is usually heirs or beneficiaries who challenge a will, especially if they are slated to receive less from the estate than what they had originally anticipated. Once notice of the death or petition to begin probate proceedings is served, any parties interested in filing a will contest may come forward. The Adams Law Offices files Georgia Will Contests Caveat Petitions and just as often, their Atlanta Office defends Will Contests. As such, whatever role we engage on behalf of our client in will contest litigation, you can be assured, we know what opposing counsel is thinking and what their objectives are. Oftentimes, our Atlanta, Georgia will contest defense lawyers use tactics such as mediation, enhanced discovery, to catch opposing counsel of guard and to throw the theory of their case off balance, oftentimes, making them start over or think again about whether contesting the will in question.

Many conditions can provoke a Georgia will contest, including:

• The Testator’s Mental Capacity - if the deceased was not considered to be of sound mind and body when the will was executed

• The Imposition of Undue Influence on the Testator - if a third party a suspected of coercing the testator into executing a will that was not his true intention

• An Improperly Executed Will - if the will was not signed under the proper procedures, for example signed in the presence of the correct number of witnesses and in front of a notary public, or if any witnesses to the will are named as beneficiaries in the will

• Rights of a Surviving Spouse or Minor Child - the law mandates a statutory minimum of the estate to be awarded to a surviving spouse or minor child

• The Existence of Joint Accounts - joint accounts may have been set up for convenience only and may not express the wishes of the decedent to pass those assets on to the surviving account holder

• Poor Inventory and Accounting of Estate Assets - beneficiaries and heirs may question how the personal representative identifies, values and accounts for estate assets

• Unusual Gifts Made Before Death - any questionable gifts made by the decedent before death may cause heirs and/or beneficiaries to contest the will

• Breach of Fiduciary Duty by the Personal Representative - wrongdoing or negligent behavior during the administration of the estate

For testators, the key to reducing will contests is the development of a good strategy of asset distribution. It is important to remember that the legal costs of will contests are paid for out of estate assets. And besides the monetary cost, these disputes can delay the distribution of assets for months and even years. Because will contests are not easily won, Georgia personal representatives sometimes offer a monetary settlement to the challenger to minimize the cost and time that will be required to close the estate. Gifting portions of your estate before death will minimize the assets to be distributed through probate, thereby reducing the chance of will contests. Creating a trust is another way to leave assets outside of probate. Upon death, the assets in a trust are transferred to beneficiaries outside of probate, and as such will not be scrutinized by the parties involved in the probate proceedings.

At The Adams Law Offices our attorneys are qualified in all areas of probate court litigation, probate court law law, and will contest law. Contact us today to discuss how to leave a lasting legacy that honors your wishes and protects your loved ones at (404) 467-8611 or 1-877-412-3267. We can also be contacted by sending us a confidential message through our “Contact Us” form on our website. The Firm’s main office is conveniently located in the Buckhead section of Atlanta and we have a second office located in Marietta in Cobb County, near the intersection of Paper Mill Road and Johnson Ferry Road. You can reach us at the Cobb County, Marietta Law Office by calling (770) 952-1008.

Most successful Atlanta will challenge lawyers know every beneficiary will go to great lengths to challenge the mandate of the decedent’s will, but will they risk it all? The answer is likely no.

As a will probate defense lawyer in Atlanta, Georgia, I have represented numerous clients in different types of will contests. Thus, I know it is especially true that most will contest cases involving undue influence usually settle on an agreed amount, rather than letting the case come to an all or nothing verdict. This is because human nature seems to inevitably leave someone with something substantial than one party with nothing and a great deal of embarrassment and fear.

Remember, there is nothing greater than an exceptional Atlanta, Georgia Will Contest Lawyer when the need arises to deflect a Will Contest/Challenge. However, the following are some points to follow and not about the occurrence of undue influence:

• Undue influence occurs when the influencing party overcomes the decedent’s free will. This type of strong influence occurs when there is a confidential relationship between those involved and the testator cannot ward off the greater mental capacity of the influencing party. Thus, the confidential nature of the relationship between parties is a key factor.

• Many cases of undue influence occur between parents and children. When a close relationship exists between one child and the parent, it is possible for the child to manipulate the parent into signing a Georgia will that favors that particular child. It is also possible for the influence to come from outside the family, for example from a hired caregiver who spends large amounts of time with the elderly person.

• When faced with a case of undue influence regarding a will, the Georgia probate court will examine the mental state of the deceased at the time that the will was executed.

• the decedent was easily influenced, due to age, health or general mental state

• the person suspected of undue influence had an opportunity to coerce or manipulate the victim

• the person suspected of undue influence had the motive or disposition to influence the victim

• the person suspected of undue influence was actively involved in creating the will

• the will appears to have been influenced

Continue reading "FIND AND RETAIN A WILL OR INHERITANCE LAWYER IN ATLANTA, GEORGIA – SUCCESSFULLY DEFENDING WILL CHALLENGES, LAWSUITS, AND CONTESTS " »

As an Atlanta Fiduciary Dispute Lawyer, I often come across persons who believe that once someone signs a Georgia Power of Attorney, then it’s over and all control has been surrendered to the person designated. It’s not that simple.

In Georgia, Power of Attorney Abuse is common and a terrible problem. Oftentimes, family members, hired help, and other persons take advantage of elderly or disabled persons through a Abuse or Misuse of a Power of Attorney. The Georgia Supreme Court the Abuse of a Power of Attorney in Greenway vs. Hamilton

As an Atlanta Power of Attorney Abuse Lawyer, I have seen many different schemes to use a Power of Attorney in an unlawful manner. A common theme is the “conversion”, or misappropriation assets using a Power of Attorney, before these assets become part of an estate. This is because assets of an estate are usually much more heavily guarded by the heirs and beneficiaries.
If you believe a Power of Attorney is being abused, there are several options you can take. First, you should seek out a qualified Atlanta, Georgia Fiduciary Lawyer to assist you in your undertakings. Some options your attorney can assist you with are as follows:

• Filing a complaint with adult protective services

• seeking a guardianship and conservatorship in probate court

• Confront the person abusing or misusing the power of attorney

• Talk to other family members about the situation

• Retain an experienced Fiduciary Law Lawyer

TAKE ACTION: THERE IS NO SUBSTITUTE FOR SEEKING LEGAL ADVICE AS SOON AS YOU KNOW ABOUT, OR SUSPECT, ABUSE OF AN ELDERLY OR DISABLED PERSON THROUGH THE ABUSE OR MISUSE OF A POWER OF ATTORNEY

First, a Power of Attorney is only valid if it is executed in compliance with Georgia law.
It must be in writing and properly dated. The party who holds the Power of Attorney has a Fiduciary Duty.

The person signing the document must be legally competent at the time of signing. When the person signing the document has dementia or Alzheimer’s or similar conditions, medical records and opinions from doctors and experienced elder law attorneys can be ways to establish competence.

Second, even with a valid Power of Attorney there is a Fiduciary Duty in Georgia to act in the best interests of the principal who signed over their POA. Thus all decisions must be based on what is best for them, not what is most convenient for the designee (aka Agent or Attorney-in-Fact).

For financial decisions, the legal duty requires the designee to, at the very least, refrain from self-dealing. The designee has a Fiduciary Duty to manage assets prudently with the goal of helping the principal who owns the assets. When the principal has significant assets, following the advice of a credentialed, knowledgeable, and ethical financial planner may be essential. It is also helpful to have an Atlanta, Georgia elder law attorney knowledgeable about spotting unsuitable investments review financial plans, recommendations, and decisions.

Continue reading "POWER OF ATTORNEY ABUSE AND MISUSE LAWYER SAYS POA ABUSE IS A BREACH OF FIDUCIARY DUTY WHICH MUST BE QUICKLY STOPPED" »

Yes, I am an Atlanta, Georgia, Probate Attorney, but also a consumer. As such, I want you to consider a simple task like buying a cell phone. You ask your friends for advice, read reviews online, ask experts for recommendations, and then make the purchase. My question is, if you make such well-informed decisions for something as menial as buying a cell phone, while hiring an attorney in Georgia, do you do the same? I am sure most of you would respond negatively to that. Well, let me tell you then what important things you should have in mind if you are planning to hire an Estate Litigation Lawyer in Georgia. I want you to make a well-informed decision, as legal services are costly, much more costly than upgrading your $200 or $400 iPhone early.

Ideal Qualities of an Atlanta Will Contest, Estate, and Probate Litigation Lawyer in North Georgia

• In case you are need of services of a Probate Lawyer in Georgia, the first thing you should do is to conduct some background research on the legal professional you are going to hire. Statistics suggest that usually the most advertised lawyers are the ones who are hired. So what is wrong with that? Well, no doubt, these lawyers are well advertised, but once you hire such a lawyer, your case is usually handled by some other Atlanta Attorney in Georgia. And, if you are wondering why this is so, the answer is, the Atlanta, Georgia Probate Lawyer you initially contacted is making money just by referring you to some lawyer whom you know nothing about. You may even not know if the referred lawyer in Georgia is competent enough to handle your case and whether your case is his specialty. My suggestion is, hire someone who specializes in the specific practice areas and does not refer you to someone else.

• Another important factor that cannot be overlooked under any circumstances is education. Top law schools are difficult to get into, and those who are educated at top law schools usually are better lawyers since they have been tested by outstanding lawyers themselves, with the knowledge on how to prepare for sizeable cases. Thus, you should or could ask where this lawyer was educated. Of course, this is not everything; a lawyer from the finest school(s) who seems unmotivated or uninterested could have a weak work ethic, among other things. This is an important factor to contemplate.

• The third most important factor to be taken into consideration is experience. Becoming qualified by acquiring education is one thing, but applying that knowledge in the real world to derive results is more important. The more experience your lawyer has, the chances of you winning the case becomes higher. The logic is, an experienced lawyer has gone through numerous critical situations in courtrooms. With experience, she will draw inferences from earlier cases to make your case stronger. Now the experience should not be limited to litigation. The lawyer you are hiring in Georgia should have actual trial experience. In addition, do not forget to ask what their success rate is. If you happen to be their first case, you should study their sharpness and ability to communicate, among other facets.

• Though this factor is last, in no way it should be treated as the least important. In very simple words, hire a lawyer with whom you feel comfortable with; like him and trust him. If you receive negative vibes, or just are not sure, find someone else. But under no circumstances should you hire a lawyer in Georgia who is not cordial and does not know how to listen. Your lawyer should raise your confidence level and not the other way round.

Information to Follow Accordingly in Hiring an Atlanta, Georgia Probate Lawyer
Armed with this knowledge, the chances of you hiring a winning lawyer in Georgia has just been magnified.

At The Adams Law Offices, , you will find attorneys who exemplify what you should be looking for in a law firm. In addition to having superior academic credentials and real-world legal experience, our business attorneys are innovative and think both inside and outside the box. In addition to providing high-caliber legal representation, our firm works to keep the cost of our legal services affordable. Above all, we work hard to help you meet your goals in a focused range of legal practice areas.

At The Adams Law Offices, you will find attorneys who exemplify what you should be looking for in a law firm. In addition to having superior academic credentials and real-world legal experience, our business attorneys are innovative and think both inside and outside the box.

In addition to providing high-caliber legal representation, our firm works to keep the cost of our legal services affordable. Above all, we work hard to help you meet your goals in a focused range of legal practice areas.

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As an Estate Litigation Lawyer in Atlanta, Georgia, one of my duties when retained in a Georgia probate litigation case is to determine who is entitled to the estate assets of an individual after his or her death (the “decedent”). During this process, the assets are collected, debts are paid off, and any remaining property in the estate is distributed according to the deceased’s will. If the individual dies intestate––that is, without a will––then state law determines who receives the remaining assets.

The Georgia probate laws of intestacy are intended to ensure a fair distribution of the property to heirs of an estate. Likewise, the distribution of assets under a will is intended to distribute assets according to the wishes of the decedent. However, occasionally assets are improperly distributed by an executor or administrator as a result of undue influence, fraud, coercion, negligence, or other unlawful means. This improper distribution of estate assets is often done on purpose and constitutes unlawful actions of an executor or administrator and is a breach of their fiduciary duty. To prevent these unlawful actions, Georgia Constructive Trusts can be created which attach to the asset(s) and hold them in trust for the rightful beneficiary. Constructive Trusts are an especially effective equitable remedy to prevent the squandering of assets through self dealing, conversation, misappropriation of funds, and more.

A Constructive Trust can be implemented when a representative is appointed who has a fiduciary duty to fairly distribute assets to beneficiaries or heirs of an estate. This representative is responsible for collecting the estate’s assets, determining their value, and, if necessary, liquidating them in order to settle the estate’s debts and to more easily distribute property. The representative’s near-absolute power is what makes willful wrongdoing or mistake in distributing assets possible. Constructive Trusts can remedy these unlawful and wrongful distributions.

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In my practice as an Atlanta, Georgia probate lawyer, our firm has found that many clients involved in Georgia probate proceedings reside out of state or out of the country. Thus, they are likely are at a disadvantage concerning their particular legal situation and ability to be an intimate part in the Georgia probate proceedings in which they are involved. Please know you are not alone. We will ensure that your voice is heard and that all legal filings are made timely on your behalf. We will also ensure that you are not at a disadvantage with respect to the legal advice you receive. You will be quickly provided with documentation and information on all matters relevant to your case should this be your desire. Our lawyers and paralegals often e-mail entire files to clients via our scan and e-mail capabilities. In fact, you will likely receive letters and legal documents the same day we receive them.

The Atlanta, Georgia probate lawyers at The Adams Law Offices will ensure that you are not disadvantaged by being out-of-state. Our Georgia probate law firm clientele are located in over thirty-five US states. We also represent clients in numerous foreign countries that consist of military, contractors stationed and/or working out of the US, and citizens of foreign countries. If you are located out-of-state but have a pending matter in Georgia probate proceeding for which you require legal representation, we can assist you.

Thus, the saying: You stay at Home; We Will Take Care of It!

In fact, many of our clients we have never met face to face. Regardless, we will do what it takes to make you at ease with your case and to keep the flow of communication free and clear. The Adams Law Offices utilizes state of the art video conferences, conference calls, scan documents, e-mail, and attorney availability and accessibility at all hours. You will have your primary and secondary attorneys cell phone number and can call, e-mail, or text them anytime. This can be a tremendous help to clients in different time zones. In fact, we presently have clients in time zones with a one (1) to ten (10) hour time difference.

Call us today at our Main (Buckhead) Atlanta Office at (404) 467-8611, or toll free at (877) 412-3267 to talk about your legal issues and goals. You can also provide a short succinct statement of your legal issues and send it through our “Contact Us” form on our website. Our “Contact Us” form is received by at least one Atlanta probate attorney and one experienced paralegal. In fact, don’t be surprised if you get a phone call from your inquiry while your still on our Georgia probate law firm website.

A person is qualified under Georgia Law to serve as a Georgia probate court appointed 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. Having been convicted of a felony usually precludes you from being a guardian in Georgia. However, new trends allow the judge to evaluate the felony and its circumstances to determine whether the proposed guardian would do a good job in caring for the ward. By example, a felony conviction for marijuana possession a long time ago may be looked upon by the Georgia County Probate Judge as a learning lesson. And, since it did not involve stealing (or another crime of moral turpitude), then the proposed guardian may be determined by the Georgia County Probate Court to be a safe person and able to care for the ward in a high-quality manner. Lastly, this is true if the guardian and ward are closely related and/or have a close, respectful, and honest relationship.

Moreover, a Georgia county probate judge may give a felon who petitions the court to be guardian of the ward if they are related. This new trend shows the County Probate Judge's discretion in finding a qualified person to take care of the ward.

A Petition for appointment of a Georgia 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.

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