Articles Posted In: Trusts

Rely on the knowledge and experience of the Atlanta Trust Lawyers at Aitkens Law Firm. If you’re considering trust litigation, we’re here to help.

Georgia Trust Lawyer Notes

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 …
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When may a beneficiary bring a claim against a trustee in Georgia?

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 …
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Under what circumstances may the court modify and/or terminate an existing trust 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, …
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