Estate Litigation in Georgia

Estate Litigation in Georgia

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They say “Probate is like divorce for siblings.”

We handle estate litigation in Georgia all the time. 

We have represented all sides of the estate, including: 

  • beneficiaries
  • executors
  • administrators
  • creditors

We have tons of experience mediating between siblings and family. 

Read this so you know how to navigate these complex legal waters.

Reasons To Challenge An Estate

Common reasons that people challenge the estate are: 

  • Contesting A Will: Challenging the validity of a will for suspicions of undue influence, coercion, or the mental incapacity of the deceased.
  • Executor Misconduct: Accusations against executors or trustees for mismanaging estate assets or favoring certain beneficiaries.
  • Undue Influence: Claims that someone manipulated the deceased into altering their will unfairly.
  • Mental Capacity: Disputes over whether the deceased was mentally capable of understanding their estate decisions.
  • Ambiguous Wills/Trusts: Legal conflicts over unclear language in wills or trusts, leading to differing interpretations.
  • Asset Distribution: Disagreements on how assets are divided, often stemming from perceived unfairness or unclear instructions.
  • Surviving Spouse Rights: Issues involving whether the surviving spouse receives their lawful share of the estate.
  • Creditor Claims: Creditors seeking repayment from the estate, which may impact the inheritances of the heirs.

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Key Legal Considerations

  1. Statutes of Limitations: Wills can be contested within 4 years post-probate. Creditors have 1 year to file claims after death. Litigation against executors can occur within 5 years.
  2. Jurisdiction and Venue: You have to litigate the estate in the county the deceased lived in.
  3. Probate Court Procedures: Any appeals against probate court orders must be filed within 30 days

Navigating these legal frameworks requires:

  • a detailed understanding of the probate laws 
  • often the assistance of a qualified attorney

Fill out the form to get help from our Georgia probate lawyers.

Steps in the Estate Litigation Process

Here are the steps to dealing with litigation with the Georgia probate process. 

  1. Filing a Complaint: File a formal complaint in the appropriate probate court.
  2. Serving Parties: All involved parties must be notified of the litigation.
  3. Gathering Evidence: Collect and exchange information about the dispute.
  4. Depositions and Interrogatories: Gather more details from the involved parties.
  5. Court Hearings: Both sides present their case in probate court.
  6. Judgment and Appeals: The court issues a decision. It can be appealed if one party disagrees with the outcome.

Get Help With Your Inheritance Today

Estate litigations are the toughest period to navigate. 

You’ve lost a loved one. 

You feel the wedge between you and your family. 

Everything is a mess. 

It’s overwhelming. 

You just need help. 

We can handle everything for you. 

We handle family mediation with assets A LOT. 

We know the path to take to settle this whole thing. 

Fill out the form to get help and finally put this all to rest.

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