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 […]
The advent of DNA testing has solved many problems in contemporary society, from areas such as criminal justice, to custody, to healthcare. In the world of estate planning, DNA testing has become a foolproof way for heirs to prove their legitimacy. For those considering using DNA as a tool in their estate dispute, it is […]
Is court necessary to solve your divorce estate dispute? When divorced couples disagree on estate settlements, and it becomes apparent that legal assistance should be involved, the emotional toll is heightened. Court is an obvious first thought, but alternative dispute resolution offers a different route to solve your dispute. Deciding whether to bring your case […]
All divorces can be emotionally and physically exhausting, but a High-Conflict Divorce comes with additional emotional stress and pain. It’s easy for estate planning considerations to slip through the cracks during this process. However, if one’s estate plan is not addressed during or immediately after a divorce, particularly a high-conflict divorce, conflicts from the divorce […]
If a divorce is already being settled outside of court, settling an estate dispute during divorce outside of court may be a natural next step. If divorcing couples can agree on it, alternative dispute resolution offers a way for the parties to come to a structured decision without a court’s involvement. No matter the estate […]
As the premier fiduciary litigators in Georgia, we have firsthand experience helping families solve conflict. In a recent episode of our “Wealth Matters” radio show, Gaslowitz Frankel partners Adam Gaslowitz, Craig Frankel, and Robert Port answer more questions on how to avoid family disputes regarding money, estates, and businesses. How Do Spouses Affect Estate Planning? […]
Financial disputes and stress are a leading cause of divorce, and studies show that “financial well-being, financial disagreements, and perceptions of financial inequity are associated with the likelihood of divorce.” If couples sign a prenuptial agreement before getting married, then money conflicts during divorce may be promptly solved. However, if this is not the case, […]
The transition period between marriage and divorce poses particular challenges regarding trusts and wills. A recently divorced spouse, or a couple in the midst of divorce proceedings, may wonder what rights they have to their spouse’s estate. The status of divorce proceedings matters for probate assets. Can I Remain a Beneficiary or Fiduciary If My […]
