Skip to contentOur firm has seen an increase in the frequency of complaints about a fiduciary (an executor of an estate or a trustee of a trust) self-dealing in the estate or trust property. For example, this may occur when such fiduciary purchases property belonging to the estate or trust at less than fair market value. The …
Read More Voiding A Self-Dealing Transaction By An Executor Or Trustee
After many years of providing legal counsel and advice to wronged beneficiaries of trusts, I have found it important to provide insight into common situations that result in beneficiaries having legal claims. First, the trustee of the trust is the person holding legal title to the property in the trust, and the creator of the …
Read More Georgia Trust Lawyer Notes
In 2010, the time period when a beneficiary must bring an action against a trustee for breach of trust was substantially reformed in Georgia, marking the second major revision of the statute of limitations for actions against trustees in recent years. Prior to 1991, O.C.G.A. §9-3-27 required that actions against certain fiduciaries, including trustees, be …
Read More When may a beneficiary bring a claim against a trustee in Georgia?
In Georgia, pursuant to O.C.G.A. § 53-12-64(b), a court has the ability to terminate a trust and order distribution of property if the costs of administration are such that the continuance of the trust would defeat or substantially impair the purpose of the trust, if the purpose has been fulfilled or is illegal/impossible to fulfill, …
Read More Under what circumstances may the court modify and/or terminate an existing trust in Georgia?
