Estate Disputes
- Undue influence: Undue influence occurs when a third party compels or forces the deceased to change their will.
- Unsuitable estate executor: This contest occurs when beneficiaries believe the deceased chose a bad executor or the executor is mismanaging the estate.
- Property distribution: This includes when a beneficiary believes the deceased wanted them to have something, but the will or trust does not leave it to them, as well as the general unfair or inequitable distribution of property.
- Lack of capacity: This common dispute refers to when beneficiaries believe the person making their will lacks the cognitive capacity to do so.
- Will validity: Parties can contest the legal validity of a will if, for example, the deceased did not adhere to specific legal formalities when making it.
An estate disputes lawyer is imperative for guiding beneficiaries and trustees to make decisions that optimize their outcome during disputes. During this complicated legal process, only estate litigation lawyers possess the aptitude and experience to protect beneficiaries, execute the deceased’s wishes, help avoid court, minimize family conflict, and alleviate stress, bitterness, and resentment in what is already an emotionally turbulent time. If you need an estate litigation attorney, at Gaslowitz Frankel, we are an unrivaled firm, and our passion is helping clients like you inherit the legacy and memories you deserve.
Common Types of Estate Dispute Claims
Estate Disputes Following Divorce
Following a divorce, in most situations the ex-spouse is revoked from a will, meaning they receive no assets. If you share a child, they will still maintain guardianship, however. Under Georgia law, your ex-spouse is treated as if they died before you.
If an ex-spouse is embittered that they are no longer a beneficiary following divorce, this is not grounds for a legal estate contest. An estate litigation attorney can fend off these unsubstantiated claims to an estate. Still, you must understand that, in Georgia, if a spouse dies while divorce is pending, the law treats the couple as married at the time of death, so they are legally still a beneficiary unless they have a pre or post-nuptial agreement stating otherwise.
However, in some situations, ex-spouses may want to keep each other in their Will. In these situations, the deceased person must have redrafted or remade their Will after they finalized their divorce to include their ex-spouse.
Estate Disputes Among Siblings
Sibling rivalry can ruin any hopes of cooperation when managing an estate. Whether it’s because one sibling believes they deserve more than the other or because they can’t agree on what to do with a house, there are abounding possibilities for estate disputes among siblings.
An estate litigation attorney can help mediate disagreements, but if this is impossible, legal action may be necessary. For example, if siblings disagree on what to do with an inherited house, a partition action may be the only recourse. A family business can also cause significant complications, especially if it is a lucrative enterprise.
Regardless of whether you are protecting your inheritance or contesting it because you received an unfair share of an estate, an estate disputes lawyer can advise you on the best course of action for your unique situation.
Breach of Fiduciary Duty
Personal representative of estates have a legal duty to administer the estate in good faith and with the best interests of the beneficiaries in mind. Therefore, they must gather estate assets, pay estate debts, and thereafter make distributions to the heirs and beneficiaries as expeditiously and with a minimal loss in value as is reasonable under the circumstances. If a beneficiary or interested individual has reason to believe that a personal representative ignored his or her fiduciary duty or did not manage estate assets with care, there is a potential claim for breach of fiduciary duty.
Failure to Provide Accounting
Beneficiaries of an estate are entitled to reasonable and accurate information regarding how the personal representative is administering the estate. An executor or administrator may not unreasonably withhold such information. Georgia law allows the personal representatives a six-month period to marshal or gather the assets of an estate. Following that period, beneficiaries may request an accounting of the estate. If an executor withholds the requested information, the beneficiaries may file a petition with the Probate Court seeking an accounting.
Occasionally, a Will includes a provision stating that an executor does not have to file an estate inventory or accounting with the Court. Such a provision, however, does not mean that the executor can avoid accounting to the beneficiaries in response to their reasonable and timely requests. In addition, an executor must provide a final accounting when the estate is fully administered and ready to be closed.
Self-Dealing
As required by their fiduciary duties, executors and administrators must refrain from using estate assets for their own benefit. Self-dealing may take many forms, including when an executor or administrator:
- Borrows estate assets without interest
- Moves into a property owned by the estate without paying market rent
- Directs estate assets to his or her business for unnecessary services or purchases
Wrongful Interference with Inheritance
Consult with an Experienced Attorney
The attorneys of Gaslowitz Frankel have years of expertise in handling complex issues surrounding estate disputes. For reliable legal guidance and professional discretion, consult with the attorneys of Gaslowitz Frankel.