Canton Estate Attorneys Navigate You Through Probate Disputes

Georgia lawyers represent parties in conflicts over distribution of decedents’ assets

Probate is a legal procedure in which a decedent’s assets, after paying off existing obligations, are distributed to beneficiaries named in a will or to heirs designated under Georgia’s intestacy laws. Generally, this process takes several months, but if a dispute arises over the authenticity of the will or administration of the estate, probate might be much longer and costlier. The experienced attorneys at Dyer Rusbridge Argo, P.C. in Canton provide comprehensive counsel for Georgians involved in estate disputes. Whether you’re an executor looking to uphold the instructions in a loved one’s will or a potential beneficiary who believes there is a problem with the estate, our firm can assess the situation and represent you during negotiations or ensuing legal matters. 

Common estate disputes

A probate dispute can arise over various issues, such as:

• Validity of the will — A Georgia will must be written by someone 14 or older and signed in the presence of two witnesses. Should a dispute exist about whether those elements have been satisfied, the will might be challenged. 
• Undue influence or fraud — Disappointed family members occasionally claim that the language in a will is the result of fraud or undue influence exercised by one or more heirs. A late-in-life change to an estate plan or a suspicious bequest to a caregiver could make this type of dispute more likely. 
• Breach of fiduciary duty — Concerns about an estate representative’s competence or honesty could lead to allegations that they have breached their fiduciary duty to distribute assets in accordance with the will or the state’s intestacy law. 
• Mistake — While the terms of a will are almost always honored, there can be instances where obvious error exists, especially if the will was prepared without the assistance of an estate planning attorney. In these cases, evidence might show that the language does not accurately reflect the testator’s true intentions.
• Lack of capacity — Someone who lacks proper physical and mental capacity cannot create a legal instrument. However, it’s important to understand that to prove a will is not valid requires more than evidence that the decedent was forgetful or showed some signs of aging. 

Whatever disagreement exists in your probate matter, you can rely on us to provide an honest overview of the pertinent legal issues as we work diligently to settle the estate in a manner consistent with the decedent’s wishes. 

Why hire a probate attorney? 

Whether they are named as executor in a will or appointed by the court after someone dies intestate, most estate representatives do not have a legal background or knowledge of the probate process. Serving as the administrator of an estate is a serious legal responsibility that requires carrying out the testator’s instructions. Making errors could lower the estate value and even led to personal liability. Hiring a qualified probate attorney will help you carry out your duties correctly and efficiently. We can communicate with the court, assist with critical tasks and respond quickly if someone contests the will or lodges a complaint over your handling of the estate. 

Contact a knowledgeable Georgia probate litigator for a consultation

Dyer Rusbridge Argo, P.C. in Canton represents parties in the full range of Georgia probate disputes. To make an appointment with a seasoned attorney regarding your legal options, please call 770-450-5733 or contact us online.