If you are a beneficiary designated in a will, you may already be dealing with feelings of grief and loss associated with the passing of a loved one. You may have notions that disputing the handling or terms of a will is simply creating more stress than you need in this sensitive time. Emotions can still be very high between yourself and family members, and if the executor is also a loved one, the situation can be more complex.
However, you have many rights as an heir in the state of Georgia, and estate disputes are an important function of probate court. The proceedings are meant to help protect beneficiaries just like you from a variety of issues, including fraud and unfair outcomes. While probate court may receive a lot of negative press, it is a key asset for anyone who has questions about a will or its execution. If you are concerned over how an estate is being handled, here are a few red flags to look for that can help you decide whether or not to raise a dispute against the estate.
The executor is not fulfilling their duties
One of the primary responsibilities of an executor is to update the heirs of the estate with the balance of the estate at least once a year. In addition, they have a fiduciary responsibility to protect the interests of each of the beneficiaries.
If an executor of an estate has a conflict of interest or has demonstrated a bias in the administration of an estate’s assets, it can be the grounds for a dispute.
The will or trust governing the estate is fraudulent
An executor of an estate will defer to the latest verifiable version of a will or trust created for the estate, and such a document governs how the assets and inheritance will be distributed among the beneficiaries. If such a document was created by a person other than the original holder of the estate, it will misallocate the estate’s assets and erode the integrity of the estate proceedings.
If you have cause to believe that the current version of a will or trust was created fraudulently, consult an attorney and explain your concerns. Your legal counsel will help you determine if there is sufficient evidence to dispute the authenticity of the will or trust.
The will or trust was created with undue influence
What will often occur as a person ages is that relatives will assist them in their day-to-day lives. This can include basic functions like cooking and cleaning, but may also extend into their finances and health. Some of these individuals may become a guardian or conservator, who bear a fiduciary responsibility to protect the interests of the individual. These positions can unfortunately be leveraged by unscrupulous fiduciaries to extend what is called undue influence over the creation of the will or trust. Even in cases where such a position isn’t present, some people may still manipulate the original holder of the estate, especially if they are older.
If you have reason to believe that a loved one was taken advantage of in the creation of a will or trust, you may have grounds to dispute it in court. If the person who extended the undue influence is now executor, they will also lose their ability to administer the estate.
The best way to determine if you have a case is to contact the attorneys of Gaslowitz Frankel. We have worked with hundreds of families in Georgia to investigate and bring a case to court, and have represented both sides of such disputes. We know this can be a sensitive and emotional time, which is why we approach such cases with care and professionalism. Learn how Gaslowitz Frankel can help you, today.
