An experienced estate attorney can advise you on your best legal course of action and file a claim on your behalf. Additionally, they can also represent you in court, if necessary. Travis Peeler. Travis earned his J. Travis has written about numerous legal topics ranging from articles tracking every Supreme Court decision in Texas to the law of virtual reality.
In his spare time off from the legal world and quest for knowledge, this 3rd degree black belt and certified instructor aspires to work with various charities geared towards bringing access to entertainment and gaming to all persons.
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Practice Areas. Elder Law, Disability and Guardianship Rights. Estate Administration and Probate. Probate Estate Litigation and Will Contests. Appellate Law. Personal Injury and Negligence Cases.
However, will disputes are complex and should not be handled without an experienced attorney by your side. We can help you decide on the best course of action in an estate dispute. Call the attorneys at Gaslowitz Frankel today for a free consultation.
The firm has earned a reputation for excellence across Georgia and the Southeast by providing representation to individuals, executors, trustees, investors, shareholders, and financial institutions in complex fiduciary disputes involving wills, estates, trusts, guardianships, businesses, and securities. If sufficient evidence exists pointing to a breach of fiduciary duty on the part of the executor or administrator, estate beneficiaries can proceed with suing the executor of the estate.
As previously mentioned, estate beneficiaries must have a valid reason for suing an executor of an estate. If any of the aforementioned scenarios exist, estate beneficiaries should get in touch with a probate lawyer right away in order to have the executor removed and replaced, and possibly surcharged. When this happens, estate beneficiaries may have standing to bring something known as a will contest to try to invalidate the parts of the will that are problematic.
In this case, the beneficiary or beneficiaries who suspect the abuse can bring a will contest to try to invalidate the will. If you are an estate beneficiary whose inheritance is at stake because of a will contest brought by another beneficiary, an heir or the executor, it is crucial you participate, or you could lose your seat at the negotiating table and quite possibly your inheritance.
It cannot be stressed enough how important it is to not be a freeloader beneficiary or bystander beneficiary. Contexts in which estate property disputes can occur include:. Estate beneficiaries who do bring an action against another beneficiary, heir, personal representative or third party can seek to have the alleged offender pay for the property or return it, and potentially seek punitive damages if the harm to property was substantial. In instances where a trust is in possession of property belonging to the estate, something known as an Petition can be filed to try to bring the property back into the estate, although this petition will generally be filed by the executor or administrator.
When there is a dispute over estate property, it is best for beneficiaries to consult with a probate lawyer , who can devise a plan to recover the property. Certain assets, such as life insurance policies and bank and retirement accounts, can pass to designated beneficiaries, if any were named, outside the formal probate process. The benefit of payable-on-death assets is that they are immediately accessible; the downside is that they are not subject to court supervision. However, if it can be proven, for example, that a designated beneficiary on a bank account unduly influenced the decedent into designating them as the beneficiary, it may be possible to invalidate the beneficiary designation.
Likewise, if it can be proven that a decedent who had listed a certain payable-on-death asset in their estate plan actually wanted that asset to be distributed as part of the estate or trust, the designation could potentially be invalidated. Estate beneficiaries are entitled to bring an action to invalidate a beneficiary designation.
Estate beneficiaries have a right to not only receive accountings from executors and administrators, but to inspect and challenge those accountings as well. If an executor or administrator fails to provide accountings, estate beneficiaries are entitled to use the courts to compel the executor or administrator to provide them. If errors or red flags are discovered upon inspection, estate beneficiaries are entitled to challenge the accountings in court.
Suppose it comes to light that an executor or administrator caused financial harm to the estate, estate beneficiaries are entitled to not only petition to have the executor or administrator removed but surcharged as well. To ensure favorable results, it is best to involve a beneficiary lawyer both when inspecting accountings and challenging them.
One of the most common questions on the minds of estate beneficiaries is whether the distributions they receive from the estate are taxable.
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