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The Atlanta, Georgia Attorneys at my firm are receiving more and more calls from persons interested in finding out whether they need a Georgia probate attorney to represent them in a Georgia probate ‘inheritance’ or ‘estate’ administration proceeding, dispute or litigation. Our Firm also receives an equal number of calls from executors or administrators of Georgia estates seeking experienced local Atlanta, Georgia, probate litigation lawyers to guide them through the trials and tribulations of being the executor or administrator of a Georgia estate. As an experienced Georgia probate lawyer, I have found that chances are if you think you need a Georgia probate lawyer, you almost certainly do.

The Atlanta probate litigation lawyers at our Firm meet weekly to discuss the status of the cases our Firm is handling, discuss strategies which are best for our clients, and to bounce ideas and other ways to further our clients’ best interests, we have also begun discussing and sharing ideas and methods in order to be the best Georgia probate lawyers for our clients. This process involves analyzing not only what our Firm’s Georgia probate dispute attorneys are doing in their cases, but also how opposing counsel are challenging and standing up for their clients against us. Since we found some common similarities between effective probate litigation attorneys, we decided to share them with you in your search for a qualified probate attorney.

Our analysis is as follows:

• Find Georgia probate attorneys who can handle the stress of a Georgia probate case. A strong lawyer can help you through this emotional struggle and take much of the stress off you. If you are seeking out Georgia probate litigation lawyers in order to find one to represent you, it is likely because a relative or someone close to you has died, you stand something to gain something from the person who has died (this person known under Georgia law as the “decedent”), or a combination of both of these factors. Usually these factors range from monetary or other gain to peace of mind that the loved one’s death is handled properly and peacefully. As such, this likely is a difficult process for you and emotionally draining. More often than not, there is relentless intra-family fighting and disharmony. Again, look for a lawyer can help you through this emotional struggle and take much of the stress off you.

• Find Georgia probate lawyers who are accessible to you, care about you and your case, and who you feel will your case for you by achieving your goals.

• Find Georgia probate attorneys who willingly give you their contact information, such as cell number, and other information. While you likely will not call this lawyer on his cell too often, this is a good indicator of how much dedication the lawyer has and how much he cares about providing exceptional service to you. Nevertheless, you know he or she will be available if you are in a bind.

• Find Georgia probate lawyers who can handle both transactional probate matters and probate litigation matters. Remember, a Georgia probate litigation case still has the transactional and administrative aspects to it. Moreover, these aspects are likely to be more convoluted and complicated. Thus, you need a probate lawyer that can handle any matters that come his or her way, whether they are transactional or litigation based. In addition, a lawyer who knows both transactional probate matters as well as probate litigation matters almost assuredly will have the upper hand over opposing counsel.

• Find the Georgia probate lawyers who regularly handle probate, trusts and estate cases, but also know about other areas of the law, such as real estate, business and taxation. Georgia probate estate matters likely consist of most of the decedent holdings and they likely will involve a host of legal areas. In contrast, some of the decedent’s holdings may pass “outside” of the decedent’s estate and the extra knowledge that your Atlanta, Georgia probate lawyers may have, will serve you well.


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As a Georgia probate litigation attorney practicing in the Atlanta area, I am frequently asked to represent beneficiaries and heirs in disputes against executors and administrators who have breached, or threaten to breach, their fiduciary duties. Georgia probate law provides that if misconduct or other violation(s) by a Georgia executor of administrator occur, the Georgia probate court may cause the executor or administrator to appear before the Probate court and show cause why such executor or administrator should not be removed from their fiduciary position.

A cause of action arises out of a breach of a fiduciary duty or a mere threat to commit a breach of fiduciary duty. If a breach or the threat of a breach occurs, the interested party shall have a cause of action for the following:

• To recover of damages;

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Atlanta Attorneys know there are many tools that can be used to facilitate the transfer of assets in an estate plan. Holding property jointly (in two or more names) is one method that has advantages and disadvantages. Joint ownership of real estate, bank accounts, and other property is common because assets owned jointly with rights of survivorship do not become assets of the decedent’s estate. These assets do not pass through probate to be distributed but are transferred by operation of Georgia law and automatically pass outside of the decedent’s estate to the surviving owner(s). When joint owners are spouses, this set up can be ideal. Because there is no delay in the transfer of property under joint ownership, the surviving owner can immediately take control of the property. This is especially useful if access to the property is urgent, time-sensitive, or when financial issues need to be resolved immediately upon the death of the decedent joint owner.

Joint ownership does have its downsides and should be carefully considered before being implemented in any inter vivos circumstances or estate plan. For instance, one scenario where it can be unwise to set up property ownership jointly is when a parent and child are named as joint owners. Problems can arise if the parent has other children who are not included in the joint ownership of the property or the child involved in the joint ownership is financially unstable. With multiple siblings, even if the Georgia will specifies that the joint property should be divided evenly between all of the children, the joint ownership property is not part of the estate. Thus, the surviving owner is not obligated to split the property and distribute it per the Georgia will. This is because the joint property transfers to the surviving owner(s) by operation of law. Thus, the property never becomes part of the estate and therefore is not subject to the laws of intestacy or distribution per the terms of the Georgia will. Also, if the joint owner is a child with financial issues, the parent can lose the property if the child’s creditors endeavor to collect outstanding debts. The child’s joint ownership interest can also be threatened if the parent has financial issues, which cause the parent to declare bankruptcy. This can oftentimes be the case if the parent has significant medical expenses or other expenses associated with growing older and not having earned income.

A Georgia Estate Planning attorney can provide other alternatives to placing property in joint ownership. One good alternative is to draft an effective estate plan that specifies how the property will be divided under a number of possible scenarios. Without a crystal ball we cannot foresee which scenarios are most likely, but they can include illness, remarriage of a spouse, bankruptcy, etc. With such variability, it is prudent to draft a detailed estate plan that can factor in multiple circumstances. Such an estate plan is especially effective for larger estates or in situations where a dispute between heirs and/or beneficiaries may be inevitable. Estate planning under such scenarios often involves the use of revocable and irrevocable trusts and annual gifting. Implementing these types of estate planning vehicles can be complicated and it is necessary to have an experienced estate planning attorney assist you.
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As an Atlanta Georgia Lawyer practicing in the Atlanta area, I find I am frequently asked by my clients, who are executors and administrators, about the best way to handle and manage the heirs and beneficiaries of the Georgia probate estate. These questions often involve legal and moral matters concerning executor and administrator fiduciary duties, responsibilities and the rights various parties to a Georgia estate administration proceeding.

The fact is most Georgia probate and estate administration questions consistently arise from fighting between the executors, administrators, heirs and beneficiaries. This fighting is more the standard rather than the exception and commonplace in many estate administration proceedings. Moreover, if you are executor or administrator of an Georgia probate estate proceeding, you should seriously consider retaining an experienced Georgia probate attorney to guide you in carrying out your fiduciary duties and protect you from aggressive and vindictive heirs and beneficiaries who may be out to cause you trouble.

Additionally, in my Atlanta, Georgia, probate law firm, I receive an equal if not greater number of questions from my clients who are heirs and beneficiaries of a Georgia estate administration proceeding. The most common questions they ask concern the actions of the executor and administrator and center on what these fiduciaries can and cannot do, what constitutes a breach of their fiduciary duty, and what legal actions can and should be taken. What is more, heirs and beneficiaries who ask these difficult questions and seek to understand estate administration proceedings should be commended. All too often, the Georgia executor and administrator will abuse their position of power and use it for their own gain and self-dealing or that of preferred family members, friends or co-conspirators. Other common questions concern timing of estate matters and events as well as the rights of estate creditors and debtors as well as a host of other parties.

Having practiced as a Georgia fiduciary attorney for a considerable length of time, I am quite sure that nothing makes people act more unreasonable or irrational than the combination of the acquisition of monies and other assets, in combination with the death of a family member. The single most common question without doubt is whether the executor or administrator is acting in accordance with Georgia fiduciary law.


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Atlanta Lawyers, Social Workers, Adult Protective Servicesand other persons and/or entities that focus on protecting (or preying upon) the older and aging population of the United States, know it is a common for most families to have an elderly parent who is independent enough to live alone, but who is unable to manage household expenses. In the interest of helping the senior maintain independence for as long as possible, a son or daughter’s name is frequently added to the senior’s bank account to facilitate payment of the expenses. In addition to paying any bills from the account, the joint account holder will be able to keep an eye on the outflow of monies and perhaps oversee any transactions that the senior does make. How the account is set up when the additional person is added, though, can have an impact on the outcome of any Georgia probate proceedings upon the death of the parent.

When creating a joint bank account, inserting the word “or” between the names of both account holders is a simple way to allow for either party to process transactions independently. While this facilitates the payment of expenses as described in the previous example, if one account holder dies, it also allows for all funds in the account to pass to the surviving account holder. When the second person is a spouse or the only surviving relative, this may not pose a problem. But when there are other heirs, a dispute may take place if the heirs feel that they are entitled to a portion of the funds. The question of who receives the funds will be addressed during probate proceedings, as the true intent of the deceased is investigated. Most commonly, the proof of how the money will be divided up is found in the will. But with no will, or if the will does not clearly state how the funds are to be allocated, the court will needs to determine if the second account holder was added only for the sake of convenience or if it was the true intention of the deceased to gift the funds to the second account holder.

When the word “and” is used between two names on a joint bank account, no transactions on the account can be processed without the other party’s signature. This is common in Georgia business partnerships where the inflow and outflow of funds needs to be closely monitored. Under this scenario, in the event that one account holder dies, half of the funds will pass on to the estate of the deceased and half of the funds will pass to the surviving account holder. This set up is not common in family dealings and does not usually cause a dispute during Georgia probate proceedings.

The types of joint account disputes involving family members can be avoided by asking an experienced and qualified Georgia probate attorney to set up a will that clearly defines your 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.
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As a Georgia probate attorney who practices in the metro Atlanta area, I have found my probate law firm practice has recently changed its focus. In large part, this is due to the need for answers and accountability on the part of executors and administrators.

I am finding more and more heirs and beneficiaries calling into my office with the same complaint against the executor or administrator of the Georgia estate. These concerns center around the executor or administrator refusing to provide the beneficiary or heirs of the estate with an accounting and an inventory of the Georgia estate assets. The common runaround the executor or administrator usually gives the beneficiary or heir is they have no duty to provide such information. However, Georgia beneficiaries and heirs should know they can make a legally binding request in writing to the executor and administrator of the estate for an inventory and accounting of estate assets. Oftentimes beneficiaries or heirs have waived this right, but they can renounce this waiver in writing and move forward with a petition for inventory and accounting. O.C.G.A. § 53-7-32 (2008) provides as follows:

§ 53-7-32. (Revised Probate Code of 1998) Waiver of right to receive; relieving personal representative of duty to make

(a) Any beneficiary of a testate estate or heir of an intestate estate may waive individually the right to receive the inventory from the personal representative. Such waiver shall be made in a signed writing that is delivered to the personal representative and may be revoked in writing by the beneficiary or heir at any time.

If you are worried about the monetary, fiscal, or fiduciary mismanagement of a Georgia estate to which you are a beneficiary or heir, you have options and rights under Georgia probate law. The Libby Law Firm represents beneficiaries and heirs in all stages of probate proceedings to get answers from unfair, dishonest, and deceitful executors and administrators. The Libby Law Firm welcomes the opportunity to assist you in filing a petition for inventory and accounting and acquiring the answers you deserve.
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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 Libby Law Firm, 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 Libby Law Firm, 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 Libby Law Firm can help you determine which course of legal action is right for you.
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As an estate lawyer in Atlanta, Georgia, one of the most common questions I am asked as an Atlanta estate administration attorney is how to stop Georgia estate heirs and beneficiaries from fighting with Georgia estate 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 or claims that they have committed a breach of fiduciary duty in Georgia. 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 Georgia estate disputes arise, hearings, mediation, and litigation, is likely not far behind. Unjustified Georgia mediation, hearings, and litigation proceedings can cost precious time and wastes estate assets. The executor or administrator funding to defend this type of legal battle usually comes directly out of the assets of the estate, so the more time spent feuding, the less money is available to distribute.

Monetary and time issues aside, it is important to keep the wishes of the decedent in mind and preserve family harmony. I believe that most people write wills in part to limit infighting over estate assets. When people ask me about the benefits of a will, I am quick to state that preservation of family harmony and the legacy of the decedent are important reasons to have a will. By maintaining a transparent estate administration process between heirs and beneficiaries and executors and administrators, conflicts can be minimized and the decedent’s wishes can be honored. The executor or administrator can perform the required fiduciary responsibilities and properly keep beneficiaries and heirs informed while meeting all deadlines
By retaining an experienced Georgia estate administration lawyer, you can maintain the following:

• Preservation of family harmony

• Preservation of estate assets for distribution

• Lessen the time frame for estate distributions

• Avoid the stigma family infighting imposes

If you are executor or administrator of an estate, or these duties are pending, you should retain an experienced Georgia estate administration lawyer to assist you. You will appreciate the benefits and peace of mind you receive. You will also be able to feel confident in your actions as they are approved by your lawyer. Moreover, your lawyer will assist you in preparation of documents, explanation of the process to heirs and beneficiaries, and silence anyone who cries “foul.” At The Libby Law Firm, we are glad to assist you in full and let you take all the credit. We can also stay in the background in case some issues arise, which need to address immediately. As they say, “The Libby Law Firm has you covered.” No matter what your level of education, chances are you have not been an executor or administrator before. It is not an easy task and we are here to help. Please do not hesitate to Contact Us. If you have been in this situation before, then perhaps I am telling what you already know, that you need a skilled Georgia estate attorney to assist you.

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Personal representatives of Georgia estates perform a complicated task that carries a serious fiduciary responsibility and is closely monitored by the probate court system. Personal representatives, also known as executors and administrators, are either named in a will or appointed by the probate court to administer the assets in a decedent’s estate. Georgia probate law allows for personal representatives to hire legal counsel related to the Georgia probate process and also permits a fee to be paid for the work on the estate. The fee is a percentage based on the value of assets identified by the personal representative as estate property, the income generated by the assets in the estate during the probate administration process and the value of assets that are distributed by the estate at the end of the Georgia probate administration proceedings.

Georgia Code – Wills, Trusts & Estates – Title 53, Section 53-6-60

(b) If the personal representative´s compensation is not specified in the will or any separate written agreement, the personal representative for services rendered shall be entitled to compensation equal to:

(1) Two and one-half percent commission on all sums of money received by the personal representative on account of the estate, except on money loaned by and repaid to the personal representative, and 2 1/2 percent commission on all sums paid out by the personal representative, either for debts, legacies, or distributive shares;

(2) Ten percent commission on the amount of interest made if, during the course of administration, the personal representative shall receive interest on money loaned by the personal representative in that capacity and shall include the same on the return to the probate court so as to become chargeable therewith as a part of the corpus of the estate;

To properly understand the exact value of the assets and what percentage of these items is allowed as a statutory fee, it is important to consult with an experienced Atlanta, Georgia probate attorney. A probate attorney can also help the personal representative fulfill the fiduciary responsibility that is inherent in the task of administering an estate. The personal representative is required by law to fairly perform the duties and failure to do so can result in a lawsuit against the executor or administrator. Even if the failure to perform the duties properly is due to an innocent lack of understanding by the personal representative, he can be held legally responsible. Hiring a Georgia estate lawyer will not only limit the personal liability of the representative, but will also help preserve estate assets and keep the beneficiaries and heirs satisfied so that the estate can be administered as efficiently and quickly as possible.

Unfortunately, in my Atlanta, Georgia Probate Law firm many personal representatives only come to me for help once problems have surfaced during the probate process. In most of these cases, by the time I get involved a lot of damage has already been done that results in a loss of estate assets and a break down in the relationship between the personal representative and the Georgia beneficiaries and heirs. Most times these individuals are family members and, during the stress of the Georgia probate process, the conflict caused by innocent misunderstandings can permanently damage these precious relationships.
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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.
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Atlanta, GA 30324
Telephone: (404) 445-7771

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