Atlanta Probate Lawyer Blog
In my Firm’s Atlanta, Marietta, Buckhead, and Sandy Springs Probate Law Firm, I have found Georgia estate litigation is on the rise. For the most part, the Atlanta, Georgia Probate Litigation lawyers at my Fiduciary Law Firm attribute this to an increase in breach of fiduciary duties among executors, administrators, and powers of attorney. The most common type of disputes we see involves breach of fiduciary duty by the executor or administrator of an estate (also called the personal representative). These personal representatives are assigned the task of managing the distribution of estate assets and are responsible for the fair and honest treatment of beneficiaries and/or heirs during this process. During the course of probate, personal representatives have specific duties under Georgia Fiduciary Law, including the task of handling all estate assets such as real estate, collectibles, cash, bank accounts, retirement accounts, investments, and insurance policies. It is the fiduciaries responsibility of the personal representative to manage this process honestly, efficiently and in the best interests of all beneficiaries and/or heirs.
When a Georgia personal representative is assigned by the decedent in a will, or by the court in the absence of a will, or when the individual named in the will is unable to serve, the expectation is that the personal representative will conduct the required tasks without self-dealing or favoritism towards any party.
Breach of the fiduciary duties required by state law can include the following:
• Theft – directly stealing assets from the estate
• Conversion – indirectly stealing from the estate, for example by liquidating assets for less than their true value and keeping the difference
• Fraud – undermining the will by taking bribes or through dishonesty
• Acting out of Incompetence or Negligence – failure to complete duties correctly and within an acceptable period of time
• Overcharging for Services – charging exorbitant fees for the administration of the estate
• Conflict of Interest – a personal interest in the estate or in the outcome of the probate process
When breach of fiduciary duties and/or responsibilities are suspected, beneficiaries are entitled to swift legal action that will protect their interests. The Atlanta estate litigation lawyers at The Libby Law Firm are versed in all aspects of probate litigation, including the initial phases, which often include mediation. Besides representing heirs and beneficiaries, we are also exceedingly experienced in preparing strategies for wrongfully accused fiduciaries to show that the estate is being managed properly and in a timely fashion under the circumstances, with no occurrences personal benefit or self-dealing.
If you are suspected, or are accused of, matters involving breach of fiduciary duty call us immediately at (404) 467-8611 . You may also send 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 office by calling (770) 952-1008.
Our Firm would be glad to be of service to you wherever you may be in Georgia including Northwest Georgia, Northeast Georgia, Gainesville, Sandy Springs, the Buckhead Area, Fulton County, North and South Atlanta, Gwinnett County, Duluth, Lawrenceville, Forsyth County, Cumming, Cobb County, Acworth, Kennesaw, Marietta, DeKalb County, Decatur, and many more counties and cities throughout Georgia. Should you need a Georgia Will Contest, Georgia Trust Litigation, or Georgia Estate Administration Lawyer to handle your Georgia Fiduciary Law matter, please do not hesitate to contact us.
Our Main Atlanta Office in the Buckhead Section of Atlanta and our Cobb County Marietta Office boast a national clientele throughout more than 35 States in the United States and numerous foreign countries. We will be glad to assist you in handling any Georgia Will Contests, Trust Litigation, or Estate Administration matters in Atlanta, Columbus, Macon, Augusta, Savannah, Albany, Valdosta, and many other cities throughout Georgia. Should you need a Georgia Will Contest, Georgia Trust Litigation, or Georgia Estate Administration Lawyer we are here to assist you in your Georgia fiduciary hearing, mediation, trial, lawsuit, or litigation proceeding.