Atlanta Probate Lawyer Blog

In my Atlanta, Georgia Probate Law Firm, I have represented clients in many Georgia estate disputes that were the result of poor management of estate assets during the probate proceeding. Probate can be a complex process and Georgia law provides guidelines for probate proceedings and outlines specific duties for the personal representatives (also referred to as executors and administrators) that are appointed to manage the estate during probate. These tasks must be carried out according to Georgia's law on fiduciary duty which is imposed and closely regulated by Georgia state law. Typical fiduciary duties of Georgia executors and administrators include, but are not limited to, identifying, locating and collecting estate assets, making outstanding payments on behalf of the estate and distributing assets to beneficiaries. Failure to carry out such fiduciary duties is referred to as a breach of fiduciary duty. There are a number of remedies which the court can impose for a breach of fiduciary duty.

One of the requirements of Georgia probate law is that the fiduciary duties carried out by administrators and executors are completed with the best interests of the heirs and beneficiaries at heart. In fact, the word fiduciary is defined as “involving trust” and it is this trust that is often the missing ingredient in the probate process. As a highly experienced team of Atlanta, Georgia Probate Litigation attorneys, we have often witnessed the emotional and financial carnage created by self-dealing and untrustworthy executors and administrators. Unfortunately, in today’s economic climate we are seeing the abuse and breach of Georgia fiduciary duties occur more frequently.

Yet not all Georgia estate disputes are the result of intentional acts of deception or wrongdoing. Due to the complexity of Georgia probate law, many competent and well-meaning executors and administrators get lost in the process, missing filing dates and misunderstanding requirements. For this reason it is wise to retain the services of a qualified Georgia probate attorney. A Georgia probate attorney will help executors and administrators fulfill their duties fairly and completely, as well as assist heirs and beneficiaries who want to ensure that their interests are represented.

Continue reading " UNDERSTANDING GEORGIA FIDUCIARY DUTIES IMPOSED ON EXECUTORS AND ADMINISTRATORS BY GEORGIA COUNTY PROBATE COURTS " »

The administration of an estate in Georgia probate court can seem straightforward, but as a Georgia Estate Lawyer practicing Georgia probate law, I have met many executors and administrators that found the process to be more complicated than they initially thought. The common realization is that by retaining a lawyer at the outset of the proceedings, many common issues can be avoided and the probate proceedings will move forward more quickly with less cost. In addition, Georgia law closely regulates the fiduciary responsibilities of Georgia executors and administrators and so the consequences of making errors during the process are serious and can result in personal liability for the executor or administrator.

It is very common that most executors and administrators do not have a good understanding of what their fiduciary duties are until after the process starts and issues start to surface. One common issue is family infighting. Even in the most unified families, heirs and beneficiaries will try to steer the process in their favor. And although the executor/administrator may be a highly respected family member, this behavior can result in conflict that will drastically slow down the proceedings, as disputes are resolved. Not having a clear grasp of Georgia probate law, and the required timing of the proceedings, puts the executor/administrator at a disadvantage and hiring a probate attorney can restore the balance.

One fact that many executors and administrators are happy to discover is that the expense of hiring a probate lawyer is payable from the estate’s assets. Even related legal fees incurred before the executor or administrator took control of the assets are reimbursable. Another positive aspect to working with an experienced estate and probate attorney is that the attorney is an unbiased party who will professionally manage the process and handle all parties with fair treatment. Fair treatment is an especially important concept, as many executors and administrators are accused of unethical and self-serving behavior that can result in legal action against them, and ultimately lead to their removal.

Continue reading " RETAINING A GEORGIA PROBATE LAWYER IN THE BEGINNING OF THE ESTATE ADMINISTRATION PROCESS GREATLY BENEFITS EXECUTORS AND ADMINISTRATORS " »

In my Atlanta, Georgia Probate Law Firm's practice, I routinely counsel executors and administrators on how to administer Georgia estates. The role of an executor or administrator, (referred to under Georgia Probate Law as a “personal representative”) is challenging and is often accepted before a full understanding of the duties is apparent. The personal representative must be able to manage the process and the requests of the other parties involved, such as heirs and/or beneficiaries. One of the most sensible steps a personal representative can take is to retain the services of an experienced estate and probate attorney. The attorney will guide the executor or administrator during the probate process and can help prevent issues that surface from becoming full-blown disputes that require litigation.

There are a few general guidelines to follow that are very important when taking on the role of personal representative. The first is not to make any promises to anyone involved, including the heirs and beneficiaries. The Georgia probate process has a cadence of its own, with deadlines and procedures that need to be handled efficiently and properly. Giving a general timeline for the process is sufficient and it is key to stress that the proceedings will move faster if conflict is kept to a minimum.

Secondly, the Georgia estate administration process can be long. Prepare yourself as executor or administrator for this, and let the others involved know that the process will take time to complete. This is critical. Typically, the longer the probate process takes, the more common it is for beneficiaries and heirs to get anxious and start to argue. With conflict comes the need for lengthy mediation or litigation and as more time is spent, probate costs increase. As executor or administrator, it is imperative to be patient and manage not only your own expectations, but also the expectations of everyone involved.

A third point is that it is advantageous to begin the probate process by opening the estate as quickly as possible. As the administrator or executor, you must be appointed by the court to have the legal authority to administer the estate. Personal representatives have a fiduciary duty and must be thorough in carrying out the required steps to offer up the will (if one exists) as the definitive document that expresses the final wishes of the deceased. When a will does not exist, an administrator will be assigned to manage the estate. Often the stage is set early on for family disharmony and infighting, power struggles, disputes, and litigation. This is especially true when it takes too long to open the estate. Diligence, accuracy, honesty, and care in this process is essential and hopefully will keep the Georgia probate process moving forward more smoothly.

Continue reading " GEORGIA ESTATE ADMINISTRATION LAWYER GUIDELINES FOR EXECUTORS AND ADMINISTRATORS (THE “PERSONAL REPRESENTATIVE”) " »