Lifetime Achievement Award
Terri and Robert Aitkens were presented a Lifetime Achievement Award for exceptional legal services rendered to their client, International Cultural Exchange Services, Inc., in Las Vegas, NV on June 25, 2021.
Georgia Estate & Trust Litigation Lawyer Blog
Family Settlement Agreements
Have you ever known families engaged in will contests because (a) the will is believed to be a forgery; (b) the testator of the will was not of sound mind at the time he executed it; or (c) the testator was unduly influenced or coerced into signing the will? Or perhaps the will was not …
Read More Family Settlement Agreements
Voiding A Self-Dealing Transaction By An Executor Or Trustee
Our 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
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 …
Read More Georgia Trust Lawyer Notes
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 …
Read More When may a beneficiary bring a claim against a trustee in Georgia?
What is testamentary capacity?
To validly execute a will, a testator must possess what is referred to as “testamentary capacity.” Generally speaking, testamentary capacity is the legal and mental ability to make or alter a valid will. What constitutes testamentary capacity differs from state to state. In Georgia, pursuant to O.C.G.A. § 53-4-10(a), any individual 14 and older may …
Read More What is testamentary capacity?
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, …
Read More Under what circumstances may the court modify and/or terminate an existing trust in Georgia?
Who can offer a will for probate in Georgia?
Probate is the legal process by which a will is proven in court as a valid public document that is the last testament of the decedent. To begin the process of probate, the will must first be “offered” to the court by a party with the power to do so. Under O.C.G.A. § 53-5-2, the …
Read More Who can offer a will for probate in Georgia?
