Estate Disputes


estateWhen a person dies, he or she leaves behind an “estate,” consisting of property and assets that need to be managed and distributed for the benefit of his or her family and beneficiaries. If the decedent left a written document setting out his or her intentions, called a last will and testament, that document controls how his or her assets will be distributed. If the decedent did not have a will, state laws control the distribution of his or her assets. A “personal representative,” whether an executor named in a will or the court-appointed administrator of an estate, is a fiduciary and is required by law to perform his or her duties in good faith and with the best interests of the estate beneficiaries in mind. The attorneys at Gaslowitz Frankel LLC have extensive experience in probate and estate administration and in recognizing and solving the problems that often arise during the process. We represent plaintiffs and defendants in claims involving alleged breaches of fiduciary duties by executors or administrators. Please contact us today to learn how we can use our knowledge and experience to resolve your current or potential estate disputes. Disputes over estate administration often arise when the decedent’s heirs or beneficiaries discover that the personal representative is not administering the estate properly. Estate dispute claims include breach of fiduciary duties, wrongful interference with inheritance, fraudulent conveyance, conversion or misappropriation, self-dealing, negligence, and claims for an accounting.

Breach of Fiduciary Duties

Personal representatives of estates are fiduciaries who have a duty to settle the estate as expeditiously and with as little sacrifice of value as is reasonable under the circumstances.  When a fiduciary does not act with reasonable promptness to settle an estate, or when a fiduciary does not manage estate assets with care, a claim […]

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Accounting

Beneficiaries of an estate have the right to reasonable information about how the estate is being administered by the personal representative.  When an executor or administrator unreasonably withholds such information, the beneficiaries have the right to petition the Court for an accounting of estate assets.  Gaslowitz Frankel LLC attorneys have often handled claims for an […]

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Self Dealing

Every executor and administrator owes the estate beneficiaries a duty of utmost good faith, which means they will not use estate assets for their own benefit.  If an executor or administrator does that, it is called self-dealing.  The attorneys at Gaslowitz Frankel LLC have handled numerous claims involving self-dealing by personal representatives of estates.

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Year’s Support

In Georgia, a decedent’s surviving spouse and minor children have the right to a “year’s support,” which is essentially an allowance out of the estate, in an amount that will provide for the family’s support and maintenance for a period of one year from the decedent’s date of death.  The attorneys at Gaslowitz Frankel LLC […]

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Wrongful Interference with Inheritance

Where a family member or other person interferes with someone’s right to receive property or assets left to him or her by a friend or loved one, whether it involves a will, trust, joint account, jointly titled property, or life insurance policy, it is called wrongful interference with inheritance.  Adam Gaslowitz pioneered this cause of […]

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