Atlanta Probate Lawyer Blog

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.

Continue reading " FIND AND HIRE THE BEST ATLANTA PROBATE LAWYER – FACTORS TO CONSIDER TO RETAIN AN EXPERT GEORGIA PROBATE ATTORNEY – AN INSIDER’S VIEW " »

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.

Continue reading " ATLANTA ESTATE LAWYERS USE CONSTRUCTIVE TRUSTS TO PROTECT ESTATE ASSETS FROM CONVERSTION, MISSAPROPRIATION, BEING SQUANDERED, LOST TO “INNOCENT PARTIES”, ETC. " »