Estate and Trust Litigation
Our attorneys represent the interests of fiduciaries or beneficiaries where adversarial relationships exist in the estate or trust administration process. The goal of our attorneys is to assist clients in resolving their differences without resorting to the litigation process. When litigation is necessary, our estate litigation attorneys bring experience to bear in representing the interests of fiduciaries and beneficiaries in such matters as will construction suits, will contests, estate tax controversies, and other litigation which arises in the context of estate and trust administration.
Our attorneys provide representation in estate related litigation matters such as:
- Will Contests
- Probate of Wills
- Year Support Trials
- Undue Influence and Lack of Capacity Claims
- Breach of Fiduciary Duty Claims in an Estate or Trust
- Wrongful Interference with Inheritance
- Self-Dealing Actions
- Abuse of Powers of Attorney
Georgia law requires that executors of wills and trustees of trusts exercise a duty of utmost good faith and loyalty to the beneficiaries of an estate or trust. The consequences of breaching this duty can be severe, and can include compensatory damages, the award of attorney’s fees, and punitive damages. Our attorneys have been successful in recovering compensatory damages, attorney’s fees and punative damages.