Probate Litigation

A Georgia probate litigation lawyer can be an invaluable resource when you are approaching the subject of a dispute inside estate administration. There are many different types of probate litigation but all of these can significantly slow down the process of probating an estate. This can also raise many questions for beneficiaries about their rights and how they should appropriately proceed. Given the complex factors involved in probate litigation, it is helpful to hire a Georgia probate litigation attorney as soon as possible whether you are the person planning to bring the case and dispute forward or whether you are a beneficiary and have recently learned that a case has already been filed.

Why You Need a Litigator?

Litigation involving probate and estate can be very complex. Hiring a probate litigation lawyer in Georgia ensures that you have someone who is knowledgeable about this area of the law handling all of the issues and questions around probate and estate litigation, providing representation to family members and beneficiaries. Regardless of whether you believe that the appointed personal representative has breached their fiduciary duty or has been involved in self-dealing, or if you are concerned that the will submitted to probate is not the accurate document, you want to ensure that you have a good handle on the legal issues at play and what may be asked of you as an interested stakeholder. Probate litigation can become very complex quickly and retaining the services of an attorney who has worked in this field for some time can make a big difference in the handling of the case.

Types of Cases

The right estate administration litigation attorneys can answer questions about administering a decedent’s estate, probate or your rights as a beneficiary or heir under a trust or will.

Kinds of Issues That Pop Up in Probate Litigation

In the most basic of probate cases, an attorney can help to present and validate a will and discharge the estate administration duties associated with the executor or personal representative, representing clients throughout Georgia and those who are outside of the state but are responsible for probate in Georgia. The attorney’s role can include supporting the executor or intestate administrator in some of the following tasks;

  • Preparing and filing estate tax returns.
  • Distributing the estate’s assets.
  • Preparing a final accounting.
  • Reviewing and disposing claims against the estate.
  • Valuing and assembling assets.
  • Providing appropriate notice to beneficiaries, heirs and creditors of the estate.

Common Types of Claims

Although there are many different circumstances that can lead to probate litigation, some of the most common ones that pop up for experienced attorneys are associated with claims of fraud, undue influence, lack of capacity, jointly held assets, and duress. Anyone who needs to assert their legal rights in a case like this can also benefit from retaining an attorney. Litigation can include self-dealing, breach of fiduciary duty claims, the breach of the prudent investor rule, and conversion. These circumstances can be difficult for a loved one to work through when you are in the process of attempting to recover from your personal loss.

In these circumstances, it can be beneficial to recognize the role that an outside attorney can play in guiding you through this process and helping you avoid costly mistakes that could lead to bigger problems down the road. A probate litigation lawyer in Georgia can help you prepare the evidence that you may need to submit to the court if you are the one who is preparing to open the dispute. In all of these circumstances, you deserve to be familiar with what to expect and have an ally on your side to provide you with resources.

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