Fiduciaries, such as estate administrators and trustees of trusts, play crucial roles in the management and administration of the assets entrusted to them. A fiduciary who adheres to their obligations, like the duty of care and duty of loyalty, are invaluable assets. A fiduciary who breaches those obligations can cause havoc to your estate plan. […]
Estate disputes can cause immense stress to those family members mourning a loved one. These disputes, which are sometimes triggered by late-in-life changes to estate plans, add stress to situations that are already quite distressing. Choosing to mediate these disputes can help ease stress, end conflict, and preserve relationships. “Alternative dispute resolution gives attorneys and […]
Estate disputes are often caused by divorcees failing to change and/or affirm beneficiary designations on their life insurance policies, retirement accounts and other assets. Recently, Gaslowitz Frankel LLC attorneys Robert Port and Luke Caselman secured a $1 million judgment for their client, whose case arose out of just such a scenario. Port noted that the […]
Most of the duties of an administrator of estate in Georgia can be summarized under fiduciary duty. A fiduciary is a person or entity responsible for carrying out tasks on behalf of another person, and an administrator of an estate carries the role of a fiduciary. Fiduciary duties require an administrator to behave in the […]
Estate disputes can be emotionally and financially costly. A reliable estate litigation lawyer is imperative to resolving estate disputes. Alternative dispute resolution methods, including mediation and arbitration, are ideal but not always possible. Beneficiaries, trustees, fiduciaries, and other interested third parties can initiate estates contests. Estate conflicts typically involve disagreements about trust or will interpretation. […]
Estate administration requires a reliable and trustworthy administrator. An administrator has many duties that must be performed timely, with integrity and with diligence. If an administrator fails to perform their duties, the estate and the beneficiaries may suffer damages. Those that feel trapped by a failing administrator have legal options. What is an Estate Administrator, […]
The transfer of an estate is often more than just money and property — it is a manifestation of one’s legacy and values and the compilation of what a testator has to offer those he/she loves. Because of the emotional and mental collateral often attached to estates, there is a chance for there to be […]
There is no deadline for settling a Georgia estate. Depending on the size of the estate, beneficiaries can anticipate the probate process to take anywhere from six months to several years. While there is no deadline, there are dispute deadlines that beneficiaries should consider. If an interested party suspects that an executor is not handling […]
While it’s best to try and avoid estate disputes altogether by implementing recommended estate planning practices, sometimes unavoidable conflicts arise that warrant some form of legal action. Once a dispute arises, individuals can resolve estate and trust disputes through litigation or alternative dispute resolution. What are Some Common Trust and Estate Disputes? Breach of Fiduciary […]
When parties have a dispute that they cannot resolve on their own, there are a number of ways to try and achieve a resolution. If these disputes cannot be solved simply or quickly, contesting parties must decide their method of resolution. Dispute resolution typically falls into one of two categories: court proceedings or alternative dispute […]
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