The Georgia probate process is intended to be a straightforward legal procedure, but conflicts often arise that lead to litigation. Thankfully, our attorneys at Miles Hansford Law Firm are here to help.
For families dealing with grief, these legal disputes over a loved one's estate can be especially difficult and costly. Probate litigation can involve arguments over a will's validity, disputes over property, and disagreements concerning the executor's actions.
Will contests (caveats)
In Georgia, a formal objection to a will is known as a "caveat". A will contest temporarily halts the probate process until the court determines the will's validity. These challenges can arise when an heir or beneficiary of a previous will believes the current will is invalid.
Common reasons for contesting a will in Georgia include:
- Lack of testamentary capacity: The person who made the will, known as the testator, did not have the mental capacity to understand what they were doing when the will was created. This might occur if the person suffered from severe cognitive decline due to illness or old age.
- Undue influence: Someone exerted improper pressure or coercion on the testator to change their will for their own benefit. This issue often arises when a caregiver or a family member isolates an elderly person and manipulates their decisions.
- Improper execution: The will does not meet Georgia's specific legal requirements for signing and witnessing. A common mistake is failing to have two competent witnesses sign the will in the testator's presence.
- Fraud or forgery: The will was created under false pretenses, or the testator's signature was forged.
Disputes over the executor's conduct
The executor, or personal representative, is legally responsible for managing the estate. In Georgia, executors owe a fiduciary duty to the estate's beneficiaries, meaning they must act with the highest degree of good faith and loyalty. If an executor fails to fulfill these responsibilities, it can lead to litigation.
Common fiduciary breaches include:
- Self-dealing: The executor uses their position for personal gain at the expense of the beneficiaries. Examples include using estate property rent-free or selling estate assets to a family member for less than market value.
- Mismanagement of assets: The executor fails to responsibly manage the estate's assets. This could involve making risky investments or neglecting to maintain estate property.
- Failure to communicate or provide an accounting: An executor generally is required to provide beneficiaries with an accounting of the estate's finances after the initial six-month period of gathering assets. Refusing or failing to do so can lead to suspicion over the activities in the estate and provoke a legal action.
Heirs property and asset disputes
Disagreements can also arise over the physical and financial assets of an estate.
- Partitioning real estate: When a property is inherited by multiple heirs, they may disagree on how to manage it. A "partition-by-sale" can force the sale of the property, which can be contentious and result in a general loss of value to the property.
- Identifying and valuing assets: The process of valuing and locating all of the deceased's assets can be complex. Mistakes in valuation or overlooked assets can create issues with the administration of the estate and cause friction among beneficiaries.
Petitions for Year's Support
In Georgia, a surviving spouse or minor children can petition the probate court for a "Year's Support," which allows them to receive property from the estate separate from any inheritance for the cost of living for a period of a year. Other heirs and beneficiaries are able to challenge this petition, and will be more inclined to do so if it significantly reduces their inheritance. A petition for Year's Support must be filed within two years of the death.
This blog post is for informational purposes only and does not constitute legal advice. Probate and estate law are complex. If you are involved in a probate dispute in Georgia, you should consult with one of our attorneys.