Will disputes can be mentally and emotionally taxing situations for families, as those who have or are currently litigating such disputes can attest. Having trustworthy and compassionate counsel on your side is crucial. The best combination of traits in a Will contest lawyer in Georgia are knowledge, experience, persuasive advocacy and compassion.
The attorneys at Gaslowitz Frankel LLC are the premier fiduciary attorneys in Georgia. Our proven track record of success in Will contests and fiduciary disputes has earned our attorneys renown among our clients and colleagues around the nation. Gaslowitz Frankel LLC has been named on the “Best Law Firm” list for years, with both founding partners named to the “Best Lawyers in America” list consecutively for over a decade.
If you need to resolve your Will dispute, you can depend on us to understand the unique facets of your case and bring our years of expertise to your dispute, whether you choose to litigate in court or through alternative dispute resolution options.
Causes of Will Disputes
Divorce
While a divorce legally dissolves a marriage, it does not necessarily remove the former spouses from all aspects of each other’s estate plan. If a former spouse did not update their estate documents between divorce and death, the former spouse may still be a trustee or beneficiary of a trust, and/or the beneficiary of retirement accounts, life insurance, or financial accounts.
Related Article: Why You Shouldn’t Wait Until The Divorce Is Finalized to Update Your Estate Plan
Executor Disputes
Estate executors have a fiduciary duty to the estate’s beneficiaries. If the executor fails or is unable to fulfill their duties, the estate beneficiaries can take action against the executor.
Some of the behaviors that warrant legal action include not administering the estate in a timely manner, failing to communicate with the beneficiaries, self-dealing, or otherwise breaching their duties as a fiduciary.
Undue Influence or Lack of Testator Capacity
If there is evidence that the testator was manipulated or that they lacked mental capacity to create the Will, heirs and other interested parties may use this evidence to contest the validity of the Will.
A testator has mental capacity to make a will if they understand the assets of their estate, know who their natural heirs are, and understand that the purpose of the Will is to direct disposition of their property after their death.
Proving undue influence typically involves proving that the provisions of the Will reflect the desires of the influencer rather than those of the testator.
Options for Contesting a Will in Georgia
Those needing to contest a Will should first consider alternative dispute resolution options. Options like meditation and arbitration are cheaper, less time-consuming, and tend to result in less emotional turmoil for the parties involved. Alternative dispute resolution allows attorneys to work cooperatively to resolve the dispute and the attorneys at Gaslowitz Frankel LLC will work to keep the families as closely intact as possible.
When alternative dispute resolution methods are no longer a workable solution, a good estate and fiduciary litigator, like the attorneys at Gaslowitz Frankel LLC, will walk you through the litigation process. You can have confidence that your case will be handled with hard-hitting knowledge and a fine attention to detail.
The Premier Will Contest Lawyer in Georgia
Gaslowitz Frankel LLC is the Southeast’s premier fiduciary litigation law firm. Our legal team specializes in all aspects of fiduciary disputes with over 30 years of experience representing individuals, executors, trustees, and more in complex fiduciary disputes involving wills, estates, and trusts.
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