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)" »

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.

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.

As a Probate lawyer in Atlanta, Georgia, I realize that terms that are commonplace in our Georgia Probate Practice, are foreign to the layperson and even non-probate attorneys. To a seasoned attorney, Georgia Probate-Estate Administration can be relatively straightforward when the Georgia Estate Proceedings do not involve siblings or relatives who argue, objections court appointments, the sale of properties or assets, or caveats – which is a legal word for “objection.” This type of calm and smooth Georgia Estate Administration Proceeding is rarely the case. Conversely, probate is not a simple a matter to the heirs, relatives, and close persons to the decedent. Most Georgia Probate-Estate Proceedings are emotionally charged where rises to unprecedented levels. This is also true for disputes between all parties in interest to the Georgia Estate Proceedings. Moreover, the protracted nature of the Georgia Probate Proceedings can take a heavy toll in terms of the time consumed and emotional strain.

Probate Related FAQs

(1) What is the duration of the probate process?

In some cases, an Estate Administration Proceeding can be completed in a year. However, a couple of years is the norm and you should prepare to be patient and not worry about the day-to-day Estate Administration to which you are an interested party. In fact, opening the estate usually takes a minimum of 45 days. This involves, inter alia, completion and filing of papers, fixing a date for the hearing and issuing notices, letters, bonds, etc., and assumes all parties are amicable.

(2) How does one deal with creditors?

Creditors of the deceased must be issued notices after the submission of letters. In this connection, the mandatory claim period is 120 days during which the creditors may come forth with their respective claims upon the estate of the deceased.

(3) What are the expenses involved?

Probate involves what in legal parlance are termed costs and fees. Costs are expenses related to filing for opening the estate (In the Georgia, the fees and expense are in the hundreds of dollars. Moreover, the fees and expenses vary greatly from county to county. Recently, the fees have been rapidly rising and I would not even venture to guess the fees for the purposes of any future reason), issuing notices, and appraisal of assets by the court-appointed probate referee. Legal Fees are an estate expense. However, if the Georgia Estate is riddled with infighting, caveats (“objections”), hearings, and more, the legal fees, cost, and expenses can be significantly more.

(4) How does one distinguish between executors and administrators?

The distinction is based on the simple premise that the two function in two different situations – the court appoints an executor in the case of a testate death (“the deceased had a Will”) and an administrator in the case of an intestate death (“the deceased had no Will”). Executors are issued “Letters Testamentary” while administrators are issued “Letters of Administration,” both Letters outlining their court-conferred powers in respect of the estate. The term personal representative can be used to refer to both executor and administrator. Executors, administrators, and personal representatives have a Fiduciary Duty to heir and beneficiaries of the Estate. The Fiduciary Duty is one of the highest duties imposed by Georgia Law.

(5) Are there any cases in which a probate can be bypassed?

Yes, probate does not apply to assets such as insurance, retirement, and bank accounts if they name a living beneficiary. These assets are said to pass outside or probate and are Non-Probate Assets. In addition, in the case of joint assets, probates can be bypassed in case of death of the first owner (e.g. in the case of a jointly held home or bank account). In the state of Georgia, this also extends to assets forming part of a living trust. These are the general provisions and the particulars may vary depending on the laws that shall apply on a case-to-case basis. It is rare that there an estate is completely probate asset free, so all decedent’s estates should explore the whether the probate process is necessary. Even in cases where the Georgia Probate Assets total less than $10,000.00, there is a Georgia Probate Proceeding, which can be filed requesting the Probate Judge to Order “No Administration Necessary.” Therefore, there is really no Georgia Estate that can pass without touching base with the County Probate Court in some way, shape, or form.

Starting off, any executor, administrator, or personal representative undertaking to probate a Georgia Estate should consider retaining an experienced probate lawyer to assist with the Probate Proceedings. First, the choice to retain a lawyer demonstrates that you want a fair-minded unbiased person involved with the Georgia Estate Administration. This also shows the other interested parties to the estate that you welcome transparency in the Estate Proceedings and all interested parties are welcome to any information concerning the Estate Administration. Taking this action goes a long way to calming fears and suspicions of the “self-dealing personal representative all heirs and beneficiaries fear.” Realistically, it takes a huge burden off your fears of inadvertently breaching your fiduciary.

Continue reading "AN ATLANTA, GEORGIA, PROBATE ATTORNEY ELABORATES ON PROBATE TERMS AND QUESTIONS, WHICH ARE COMMON TO LAYPERSONS " »

In my Atlanta and Marietta, Georgia, law firm, I have learned one of the most important abilities a probate lawyer can have, is to be able to keep the peace! In my Atlanta Probate Law Practice, one of the most common questions I am asked is, how to stop heirs and beneficiaries from fighting with executors and administrators. Usually this question comes from the executor or administrator whose life has been turned upside down by the demands of their Fiduciary Duty. Most executors and administrators want to get through the process as efficiently and quickly as possible in order to return to their normal daily life. But there are other reasons to keep the peace when acting as an executor or administrator.

By actively limiting conflict during the proceedings, it is true that the estate will be distributed faster, but it will also be administered with more assets intact. When conflict arises, litigation, or at least mediation, is not far behind. Probate mediation and litigation can cost precious time, not to mention monetary resources. This type of legal cost can come directly out of the assets of the estate, so with more time spent feuding, less money is available to distribute.

Besides the monetary and time issues, it is important to keep the wishes of the decedent in mind. I believe that most people write wills in part to limit infighting over estate assets. By maintaining a transparent process with the heirs and beneficiaries, conflict can be minimized and the deceased’s wishes can be honored more fully. By retaining the counsel of an experienced Georgia probate lawyer, an executor or administrator can perform the required fiduciary duties and properly keep beneficiaries and heirs informed while meeting all deadlines.

Continue reading "A GEORGIA PROBATE ATTORNEY CAN KEEP PEACE DURING GEORGIA PROBATE PROCEEDINGS" »

As a probate attorney in Atlanta, Georgia (and the surrounding Buckhead, Sandy Springs, Marietta, North Georgia, and Metro Atlanta Areas), who specializes in Atlanta, Georgia, Probate Litigation, my clients frequently ask how they can avoid the Georgia probate process altogether. There are several reasons to want to sidestep probate, including speed of distribution of the assets to beneficiaries and the cost of the process, in both time and money. Privacy may be an issue as well. Probate proceedings are a matter of public record, so non-probate asset classification provides the estate and beneficiaries with anonymity. Only non-probate assets that contractually name a beneficiary can escape probate, but with a little planning many assets can be classified in this way. Common examples of non-probate assets are as follows:

Common examples of non-probate assets are tax-deferred retirement accounts, like 401(k) and IRA accounts, and proceeds from life insurance policies. Bank accounts can also be classified as non-probate assets when set up as Payment on Death Bank Accounts. The same can be done by setting up bonds, Stock and brokerage accounts as Transfer on Death Securities. Under either of these methods, the beneficiaries have no interest or access to the assets while the owner is alive and ownership of the assets is only transferred to the beneficiaries upon death. To protect real estate holdings or financial accounts, they can be set up with Joint Tenancy with Right of Survivorship. This structure is common between married couples and automatically transfers the assets to the survivor when one of the owners dies.

Living trusts are another effective way to circumvent the probate process. A Georgia revocable living trust allows property to transfer directly to the beneficiaries named in the trust. Once this type of trust is set up, title to the assets passes to the trustee who has the job of managing the trust during the life of the grantor. In Georgia, the grantor can also be named as the trustee. As trustee, the grantor has free access to the assets while alive and may sell, trade, buy, liquidate or donate the assets. A common misconception is that once assets are transferred into a trust, they are protected against all claims from creditors. Yet, because the assets are under the total control of the grantor, the trust does not stop creditors from pursuing the assets. Nevertheless, it is more difficult for assets to be taken from a trust, as creditors in Georgia must file a petition in court to do so. Another advantage of Georgia revocable living trusts is that the grantor can change the terms of the trust or reclaim title to the property at any time. Upon the death of the grantor, a successor trustee distributes the property directly to the beneficiaries after death of the grantor.

Continue reading "WHAT ASSETS PART OF THE PROBATE ESTATE? PROBATE PROCEEDINGS, PROBATE ASSETS, AND NON-PROBATE ASSETS" »

North Georgia estate disputes can easily ruin relationships between family members. These types of issues include will contests and sticky situations such as the removal of a family member deemed unfit to be the executor of the will. We can all think of examples of famous estate disputes that have resulted in long drawn-out legal battles that last for years, even some that extend beyond the lifetime of the heirs. Due to the emotionally charged nature of probate hearings, when an issue comes to the surface during probate it is difficult to solve quickly without more emotional and financial damage to family members and a loss of estate assets.

Georgia Probate Mediation in the North Georgia/Metro Atlanta area, is one alternative to allowing disputes to be resolved in a protracted probate trial. The Probate Judge will often prescribe a court ordered mediation to resolve conflicts between heirs and beneficiaries of a Georgia Estate. This is done before the probate proceedings start or just after they begin, when conflicts have just come to the surface. During mediation the parties involved can air their concerns, present evidence and confront each other on the issues. Anything agreed upon between the parties during mediation is binding and will carry forward into the probate hearing. An experienced North Georgia probate litigation lawyer can assist in this type of mediation by helping participants present their position on the issues.

There are some red flags to consider indicating that North Georgia estate disputes are likely and mediation should be considered. These include multiple marriages during the life of the deceased, children who are left out of a will, preferential treatment of people outside of the family, special treatment given to certain children and family members (other than the spouse), recent changes to the will that cut out specific heirs and when the administrator or executor are slow to perform the Georgia Law Required Fiduciary Duties required of them. If these conditions present themselves, it is a good idea to consult with an Atlanta, Georgia probate attorney with expertise in estate litigation, who also has experience with dispute mediation. With good legal representation, all sides in the dispute can receive fair treatment and the probate process can move forward before the estate’s assets are spent.

Georgia Probate Mediation is one of Our Firm’s specialty practice areas. From our Atlanta-based Main-Office, Our Atlanta Probate Mediation Lawyers handle Georgia Probate Proceedings all over Georgia. Some of the counties and cities include Atlanta, Buckhead, Sandy Springs, Fulton County, Gwinnett County, Duluth, Lawrenceville, Forsyth County, Cumming, Cobb County, Marietta, Acworth, Kennesaw, DeKalb County, North Atlanta, Decatur.

In these counties and cities, and other North Georgia areas, we can assist you with Georgia Probate, Breach of Fiduciary Duty, Breach of Trustee Fiduciary Duties, and other proceedings where the Georgia County Probate Court would likely have jurisdiction.

Continue reading "METRO ATLANTA, GEORGIA ESTATE DISPUTES LIKELY RESOLVED FASTER THROUGH MEDIATION THAN COSTLY LITIGATION" »

As a Marietta, Buckhead, Sandy Springs, and Atlanta Probate Attorney, I have seen the tell tale signs that there are many advantages to establishing a solid Georgia estate plan, yet most people do not have one. Even when a plan does exist with a will, it is possible that the will has not been updated in years. Unfortunately, an out-of-date will can be as costly as not having any will at all, as heirs and beneficiaries will inevitably fight over assets in the estate. As an Atlanta, Georgia Probate Litigation Lawyer, my team and I are experienced in all areas of estate planning and litigation and have helped clients set up effective estate plans that minimize conflict and maximize asset distribution.

Moreover, should you not proceed with properly setting up your estate through a number of different tactics, you could be setting legacy up to being remembered by an embattled North Georgia Will Contest and Protracted Georgia Probate Litigation in North Georgia.

Ultimately, the Court’s goal is to close the estate by distributing the assets. Steps in the probate process include proving the validity of an existing Georgia will, determining if a named executor is fit to administer the estate and appointing a replacement if necessary, appointing an administrator if no will exists, accounting for estate assets, paying debts and taxes, and distribution of any remaining assets per the will or per state law, in the absence of a valid Georgia will.

This probate process is very efficient in Georgia, but some fees and court costs will be required. Legal counsel and other expenses related to the proceedings will be paid for out of estate assets. Additionally, any costs associated with Georgia probate litigation resulting from conflicts between the heirs, beneficiaries, executors or administrators are payable by the estate. Besides the monetary cost of such conflicts, long-term damage to family relationships is common and is best avoided if possible.

Continue reading "FOR GEORGIA PROBATE LAWYERS – BEST PRACTICE MANAGEMENT FOR GEORGIA PROBATE PROCEEDINGS – MINIMIZE CONFLICT AND MAXIMZE ASSET DISTRIBUTION" »

Diligent Probate Lawyers in Atlanta, Georgia, like AThe Adams Law Offices, which consist of former members probate lawyers in Atlanta, Georgia; most notably, The Adams Law Offices, have many clients seek out their counsel on how to receive fair treatment during probate proceedings. As an heir or beneficiary of a Georgia Estate, many primary areas of concern arise concern including mismanagement of the estate and lack of information given to them about the assets of the estate. The executor or administrator handling the Georgia estate may be a family member, a friend of the family, a business associate of the decedent or an impartial third party.

Any perceived wrongdoing may be intentional or innocent. There certainly are individuals who will take advantage of the responsibility of being an executor or administrator for personal gain, but there are also individuals who do not fully understand the nature and extent of the required duties. This lack of understanding can also result in misconduct.

Under any circumstance, heirs and beneficiaries have specific rights that are enforceable under Georgia probate law. An executor or administrator has a fiduciary duty that must be carried out as described by the Georgia Probate Code. If these duties are not completed properly, the executor or administrator can be removed and legal action can be taken against that individual.

Here is a list of the rights of beneficiaries and heirs under Georgia law:

• The right to information about the original assets of the estate and an inventory of these assets

• The right to request an accounting of assets

• The right to review and approve the level of compensation that the executor or administrator will receive for administering the estate

• When not in agreement with the compensation level for the executor or administrator, the right to have the court set the compensation level

• The right to receive estate assets in a timeframe that is reasonable for the complexity of the estate

• When dissatisfied with the executor or administrator for a justifiable reason, the right to have that individual removed and replaced by the court

Continue reading "ADAMS LAW PROBATE LAWYERS IN ATLANTA, GEORGIA, TAKE CARE TO INFORM HEIRS AND/OR BENEFICIARIES OF THEIR RIGHTS UNDER GEORGIA PROBATE LAW" »

As a Trust Litigation Lawyer in Atlanta, I have witnessed first hand that Georgia trusts can be one of the most incredibly useful investment vehicles for safeguarding assets, and protecting and benefiting trust beneficiaries. These same Georgia trusts, can be one of the most abused legal entities when incompetent or dishonest trustees negligently or intentionally mismanage trusts to the detriment of the trust beneficiaries.

Georgia trusts can be created to provide money, real property, and other assets to family members or other parties after death, or during life. Trusts can be set up in numerous fashions and for many reasons. There are many types of trusts including revocable trusts, irrevocable trusts, marital trusts, and trusts for minor children. These trusts can be used as part of an estate plan to control the distribution of assets or for tax planning purposes. A trust is a valuable part of a Georgia estate plan, but even a well-drafted Georgia Trust with the best provisions, clauses, and intentions, which are clearly and concisely defined and enumerated, can be defeated by disputes between beneficiaries and trustees.

Many of the Georgia Trusts Our Firm handles are as follows:

• Revocable Trusts
• Irrevocable Trusts
• Irrevocable life insurance trusts
• Revocable living trusts
• Long term care insurance
• QTIP and QPRT trusts
• Crummey trusts and other gift transfer options
• Family business partnerships or asset trusts
• Educational or charitable remainder trusts
• Generation skipping trusts
• Grantor retained trusts
• Special needs trusts

In my Atlanta, Georgia Trust Litigation Law firm, I have represented many clients involved in Georgia trust disputes and litigation concerning Georgia fiduciary law lawsuits and legal actions for breach of fiduciary duty. Trustees have a fiduciary responsibility to manage trust assets appropriately and act in the best interests of the beneficiaries. Any inappropriate behavior by the trustee is in conflict with the basic fiduciary duty of that individual. In some cases, fraudulent conveyance and outright self-dealing regarding trust assets is discovered by beneficiaries and will prompt taking action for removal of the trustee. Trustees can be removed as the result of lesser negligence as well, such as in the case of mismanagement of assets, failure to provide an accurate accounting of assets, inadequate income generated by the trust or inadequate tax planning.

Many of the methods and theories we use to control trustees and protect beneficiaries are as follows:

• Demand Inventory and Accounting • Reformation of Trusts • Trust and Will Construction – Interpreting the Trust • Dissolution of the Trust Due to Trust Purpose Being Defeated • Change/Removal of Trustee • Violations of Prudent Investor Rule • Self Dealing by Trustee or Others Under Their Direction • Misappropriation of Trust Funds • Neglect of Trustee Duties/Fiduciary Duties and Responsibilities • Usurping Trust Opportunities for Personal Gain • Abuse of Trust Power • Use of Trust Power for Gain or Upper-Hand in Negotiations and/or Business Affairs • Constructive Trusts to Protect Beneficiaries

If any type of wrongdoing or negligence is suspected on the part of a trustee, it is critical you immediately seek the qualified counsel of an Atlanta, Georgia trust litigation lawyer immediately. An experienced Georgia trust lawyer will ensure that the proper conditions exist for the removal of the trustee. These conditions include breach of duty, failure or refusal to administer the trust adequately or, in the case that all beneficiaries request the removal of the trustee, that the removal supports the purpose of the trust and is in the best interest of all beneficiaries. Our Atlanta Trust Attorneys can also request the court impose a Constructive Trust on trusts assets or the fruits of the trusts assets. Thus, any monies or assets relating back to the misused trust assets are attached to the constructive trust until matters of the misuse and whereabouts of trust assets can be tracked and recouped.

Continue reading "ATLANTA, GEORGIA TRUST LITIGATION ATTORNEYS PROTECT BENEFICIARIES AGAINST INCOMPETENT AND DISHONEST TRUSTEES" »

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 Adams Law Offices 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.

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In my many years as a Georgia probate attorney, I have represented numerous clients in probate cases. Most often my relationship with a client begins when I am asked this question, “How long will the Georgia probate process take?” In reality, this is only part of the question. What most parties in a probate hearing really want to know is, “When will I receive my share of the Georgia estate’s assets?” The answer to these two questions depends on several factors, including the speed that the petition can be completed and filed with the Georgia probate court, and then the length of time that the court will take to rule on the case. Nevertheless, I will say that the Georgia probate process in general takes anywhere from a little over six months to a few years. Therefore, I submit to you three rules of thumb, which I hope you will helpful and moderate your expectations. They are as follows:

One, be prepared to wait a substantial amount of time for the full probate process to be completed and the estate to be closed. Two, be patient and hope for the best, but be prepared to wait a long time if the particular case warrants this. Three, generally the more fighting, disagreement, disputes, and litigation, which may occur between the heirs, beneficiaries, and/or executors, the longer the probate process will take. Nonetheless, if it is any consolation, know that distributions may be made from the estate assets as the estate progresses through the Georgia probate process.

Once the required Georgia petition for letters testamentary or administration is filed, objections to the petition can be submitted during a set period of time (Objections in Georgia probate court are called "Caveats"). If objections are brought forward, then one or more hearing(s) is usually required which will delay the proceedings. If no objections are made, the court will not require a hearing and will order that the estate be opened, or that the administration of the estate begin. Georgia county probate courts will allow administration to begin when satisfied that the petition filed was carefully drafted. The petition must include the names of all the parties involved and the petition has to meet all of the Georgia probate petition legal requirements.

Although many factors can slow down a probate proceeding, there are several key items that are worth mentioning. The first is the location and number of beneficiaries. Where the beneficiaries live adds time to the process, as documents need to be shuffled back and forth for signature. Further, it is unreasonable to think that everyone will agree on everything all the time, so the greater number of beneficiaries involved can increase the odds for disagreement. In cases where beneficiaries have a lot at stake, they sometimes will hire their own legal counsel. When this is the case it can take more time to communicate and resolve issues.

Will contests in Georgia can cause significant delays in probate proceedings. A will contest is to determine the validity the Last Will and Testament of the deceased (the decedent). Anyone is allowed to hire a Atlanta, Georgia will contest lawyer and legally challenge the validity of the decedent’s will. Even when the reasons for filing a Georgia will contest are found to be bogus, the court must investigate each claim thoroughly before the probate process can continue. This can take up precious time and causes unnecessary expense. The degree of complexity of the assets in the estate can also increase the time that probate proceedings take. Before estate assets can be distributed, they need to be identified, located, and inventoried by the administrator or executor of the estate. Bank accounts and family homes are not very complex, and can be processed fairly quickly. In contrast, business interests and offshore investments can take more time to sort out and distribute.

Continue reading "GEORGIA PROBATE PROCEEDINGS – ASK AN ATLANTA PROBATE LAWYER – HOW LONG DOES THE GEORGIA PROBATE PROCESS REALLY TAKE?" »

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.

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As an Atlanta Estate and Probate Attorney, many of my clients come to me for counsel during the difficult time following a loved one’s death. Confusion over how the Georgia probate process works and conflicts of interest between heirs and/or beneficiaries can make this process painful and complicated. During the Georgia probate process, assets from the estate will be distributed and any disputes between heirs or beneficiaries regarding estate assets will be resolved. The process of probate varies by state. In Georgia, the law is somewhat straightforward, but still extremely complicated for most any non-lawyer.

For a better understanding of the probate process, it is important to clarify a few commonly used terms:

• Probate: the court proceedings that prove a Will to be the last valid Will of the decedent – it is also the process of administering the decedent’s estate

• Decedent: a person who has died

• Estate: all of the decedent’s property, including personal property and real estate

• Heirs: in the absence of a Will, those persons who have a just claim to the property in the estate of the decedent

• Beneficiary: a person who is identified in the Will to receive property from the decedent’s estate

• Will: a signed, legal document that states how the decedent wishes to distribute his property after death

• Testate: when a person dies and did write a Will

• Intestate: when the decedent did not write a Will, or when the Will is invalid

• Executor: the person named in the Will to administer the decedent’s estate

• Administrator With Will Annexed: the person assigned by the court to administer the decedent’s estate when a Will exists, but has not named an Executor, or in the case that the Executor named is unwilling or unable to serve this duty

• Administrator: when there is no Will, this is the person assigned by the court to administer the decedent’s estate

• Escheat: in the case that no heirs make claims to all or some part of the property in an estate, the state will receive the unclaimed property

Georgia probate proceedings usually are held in the Georgia county where the decedent permanently resided at the time of death. The county probate court will verify that the will presented in the proceedings is valid and that it is the last will that was written by the decedent. Once the will is verified, or in a case where there is no will, the probate court will oversee the distribution of the estate’s assets. When the decedent dies with a will, the estate will be administered in accordance with the decedent’s wishes that are expressed in the will. Should the decedent die without a will, Georgia’s Intestacy Statutes provide the scheme for distribution of estate assets. This usually means that the surviving spouse and children will receive the percentages of property first, followed by parents, siblings, and other family members.

The time that the probate process takes can run between seven or eight months for simple estates, to several years for more complex estates. During the process, the executor or administrator will identify the assets in the estate, perform an appraisal of those assets and pay any debts and taxes owed by the estate. Only after these steps are completed can the remaining property be distributed to the heirs and/or beneficiaries. Disputes between the parties involved over how these duties are performed will lengthen the process. The normal expenses incurred in probate, including the payment of debts and taxes, are paid out of the estate’s assets. Legal fees are also usually paid from estate assets.

The clarity with which a will is written will affect the duration and outcome of the process. Working with a qualified Georgia Estate lawyer to define exactly how your estate’s assets will be distributed is critical. If you are named as Executor or Administrator of an estate, a lawyer can explain your duties under Georgia Probate Law, help you fill out court forms and send the required probate notices. An attorney can also help you to meet all court deadlines. When issues between heirs and/or beneficiaries seem likely, or when they do come up, an experienced Probate litigation lawyer should be consulted so that delays in the proceedings, and additional costs, can be avoided.

Continue reading "UNDERSTANDING GEORGIA ESTATE DISTRIBUTION AND PROBATE PROCEEDINGS" »

Georgia estate disputes can easily ruin relationships between family members. These types of issues include Georgia will contests and sticky situations such as the removal of a family member deemed unfit to be the executor of the will. We can all think of examples of famous estate disputes that have resulted in long drawn-out legal battles that last for years, even some that extend beyond the lifetime of the heirs. Due to the emotionally charged nature of probate hearings, when an issue comes to the surface during probate it is difficult to solve quickly without more emotional and financial damage to family members and a loss of estate assets.

Mediation is one alternative to allowing disputes to be resolved in a protracted probate trial. The Probate Judge will often prescribe a court ordered mediation to resolve conflicts between heirs and beneficiaries. This is done before the probate proceedings start or just after they begin, when conflicts have just come to the surface. During mediation the parties involved can air their concerns, present evidence and confront each other on the issues. Anything agreed upon between the parties during mediation is binding and will carry forward into the probate hearing. An experienced Georgia probate litigation lawyer can assist in this type of mediation by helping participants present their position on the issues.

There are some red flags to consider indicating that estate disputes are likely and mediation should be considered. These include multiple marriages during the life of the deceased, children who are left out of a will, preferential treatment of people outside of the family, special treatment given to certain children and family members (other than the spouse), recent changes to the will that cut out specific heirs and when the administrator or executor are slow to perform the fiduciary duties required of them. If these conditions present themselves, it is a good idea to consult with an Atlanta, Georgia probate attorney with expertise in estate litigation, who also has experience with dispute mediation. With good legal representation, all sides in the dispute can receive fair treatment and the probate process can move forward before the estate’s assets are spent.

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In my estate law firm practice in Atlanta, Georgia, I have seen the negative impact on many probate cases when financial instruments and valuable assets are set up to provide convenience for the primary owner. It is important to take proper care not only when setting up joint bank accounts, but also when assigning joint owners or beneficiaries to IRAs, 401(k)s, life insurance policies and real estate. Failure to correctly assign joint account holders to any asset or financial instrument under the counsel of a qualified estate attorney may result in disputes during probate proceedings. Setting up these instruments should be part of a sound estate administration plan. Likewise, if a dispute arises, you should retain an experienced Georgia probate law firm to represent you in any Georgia probate and estate litigation lawsuits concerning jointly titled assets.

Because jointly owned bank accounts, IRAs, 401(k)s, life insurance policies and real estate with a right to survivorship are considered non-probate assets, ownership of these assets is straightforward. As non-probate assets they are typically transferred directly to a joint owner or beneficiary and do not need to be distributed through the probate process when the primary owner dies. The problem arises when, in probate proceedings, heirs and beneficiaries disagree on how these assets were originally set up and what the deceased’s true intentions were, upon death, regarding the distribution of these assets.

Just as in the case of joint bank accounts, other assets can be set up where the primary and joint owner’s names are linked by the words “and” or “or.” The difference between these two designations is critical. Both account holders need to sign for all transactions when assets are set up with the “and” designation. When “or” is used, the asset can be manipulated independently by either party. Upon death, all assets will transfer to the joint holder when “or” is used and half of the assets will pass to the joint holder when “and” is used. Under Georgia probate law, when one of the joint owners dies, it is important to have the designation assigned that indicates the true intention of the relationship.

Many of these assets and financial instruments are originally set up with a joint owner or beneficiary for the sake of convenience, and it is not uncommon for heirs and beneficiaries to challenge the ownership of these assets during probate proceedings. An experienced Atlanta probate litigation law firm can represent you in fighting to acquire your inheritance as the decedent truly intended. Similarly, an experienced Atlanta probate attorney can create an estate administration plan that clearly states your true intention, so that your wishes are fulfilled and your heirs and beneficiaries receive the treatment that you desire.

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As Atlanta, Georgia, business attorneys who also practice complex trust and estate planning and will, trust and estate litigation, we recognize there are numerous lawyers and companies who want to help you plan and protect your estate assets. These same lawyers and companies also want to help you set up your business succession planning and assist you with your estate planning. However, as business assets become increasingly intangible and more difficult to define, the estates of persons owning and having an interest in these businesses become more complex, difficult to plan, probate and administer. If these estates are not planned properly, it is quite possible these estates could end up in litigation.

As businesses, assets, and information have become increasingly digital, intangible, and available solely on-line, it is important to choose Atlanta business lawyers who understand your “intangible” business assets, how to protect them, and how to formulate effective trust and estate planning for these assets. Moreover, you not only need trust and estate attorneys, you need these same attorneys to be Georgia business attorneys well-versed in complex business matters as they relate to intellectual and technological property, copyright and trademark issues, and other potentially intangible property.

For example, any number of lawyers might be able to draft a basic will, and this may be fine for someone with fairly limited and straightforward “traditional” assets. If everyone knows you have accounts at a local bank and brokerage house and you keep your account documents on file and in physical form, it may be easy to ascertain what is in your estate.

On the other hand, consider the following: • What if you have accounts at one of the “on-line only” banks?

• What if all your account statements are e-delivered?

• What if you have a second business selling goods on e-bay, or if you have a business or assets in a “virtual world,” such as Second Life?

• Who has your login information and passwords to these accounts?

• How will anyone determine what assets you have, or where? How will these assets be valued and by whom?

• Even if you do not have these things now, can you guarantee that you will not have them before your beneficiaries or heirs need to administer your estate?

Thus, it is increasingly important to consider not just your tangible assets, but also your digital, intellectual, technological, and other such assets, when planning your estate. This is why you must choose attorneys who understand the complexity of these assets and can advise you on how to protect yourself and your business as well as your beneficiaries and heirs.

The Adams Law Offices has been at the forefront of the union of technology as it relates to trusts, estates, business planning, and representation of individuals and businesses with non-traditional assets. Our Atlanta Attorneys also specialize in business, trust, and estate litigation as it relates to “intangible” and “non-traditional” assets.

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Being an executor or administrator of a Georgia estate in probate court is no easy undertaking. In fact, as executor or administrator of a GA estate, you are stepping into a position ripe, ready and waiting for conflict and disharmony to develop among all the interested parties to the estate, or worse yet, parties that will use their influence to control others who do have an interest in the estate. To say the least, these matters are already emotional from the death of a loved one and now, as executor or administrator, you are in charge managing the often-greedy heirs or beneficiaries of the Georgia estate. At the very least, this can add substantial administrative and bureaucratic responsibilities to your life as well as significant anxiety and stress. Furthermore, these oftentimes come at a time when you may already be grieving and have your own affairs to manage. In almost all cases, this is further complicated by the significant administrative duties imposed by law on a GA executor or administrator and the fiduciary duties and liabilities that come with this position.

In most GA estates, both executors and administrators are frequently relatives or close friends of the deceased person (the decedent). This would seemingly be a plus; however, more often it turns out to be the starting place of many arguments, endless wrangling, power struggles and ultimately many GA Probate disputes, will contests and litigation proceedings. Many of these GA estate disputes and much of this GA probate litigation stems from the fact that many of the other members contesting the actions and alleged breach of the personal representative’s fiduciary duties are also frequently, family members, relatives, or close friends of the deceased person (the decedent). In fact, it is often the case that these family members, relatives and close friends stand to inherit assets of the Georgia estate or have some interest in the outcome of the distribution of assets.

Perhaps most importantly, acting as a personal representative gives you a fiduciary duty to the estate -- that is, you are legally responsible for ensuring that your financial decisions are made with complete information, according to the estate's best interests and as expeditiously considering the circumstances. This is the same fiduciary duty given to leaders of corporations, and like those leaders, you are legally liable for any lawsuit alleging that you have not met your fiduciary duties. This includes personal liability, which is beyond assets of the estate and not limited in any way, shape or form to the assets of the estate.

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