http://www.gaslowitzfrankel.com Gaslowitz Frankel is an experienced trial practice firm in Atlanta, GA, specializing in all aspects of complex fiduciary litigation, representing individuals, companies, banks and fiduciaries in will, trust and estate disputes, business and contract disputes, complex commercial disputes and appeals. Thu, 04 Mar 2010 18:57:55 +0000 http://backend.userland.com/rss092 en Gaslowitz Frankel won a jury verdict of nearly $2 million dollars, (including interest and and the return of attorney's fees incurred by the Trust in defending the claim) in favor of their clients, members of the Candler family, after a six day jury trial in Fulton County, Georgia.  The case ... http://www.gaslowitzfrankel.com/practice-areas/will-and-estate-disputes/gaslowitz-frankel-wins-2-million-verdict/ Adam Gaslowitz was interviewed and quoted extensively by U.S. News & World Report on article on the surge in estate disputes and tips on how to avoid them. 8 Tips to Avoid Nasty Estate Surprises – The Best Life (usnews.com) http://www.gaslowitzfrankel.com/about/firm-news/adam-gaslowitz-cited-in-article-in-us-news-and-world-report/ Three persons attempted to witness a will.  One of them, a notary, signed on a line that was reserved for witnesses and also signed as a notary.  The notary signed in the presence of the testator (the person who made the will); the second witness also signed in the ... http://www.gaslowitzfrankel.com/practice-areas/will-and-estate-disputes/land-v-burkhalter-witnesses-to-a-will-2/ Two daughters petitioned to be appointed guardians and conservators of their elderly mother, who was suffering from end-stage Alzheimer’s disease.  The petitioners had removed their mother from the Medicaid program, fearing that the State would take possession of their mother’s real property under Medicaid’s estate recovery program.  They planned to ... http://www.gaslowitzfrankel.com/practice-areas/guardianshipsconservatorships/cruver-v-mitchell-adult-guardianship-and-conservatorship/ The decedent’s sister filed a caveat (objection to a will) alleging that the decedent lacked testamentary capacity and had been unduly influenced by the person named as executor in the decedent’s will.  The caveat also claimed that the person named as sole heir in the will was neither the natural ... http://www.gaslowitzfrankel.com/practice-areas/will-and-estate-disputes/smith-v-wyatt-presumption-of-the-probate-court%e2%80%99s-correctness-in-the-absence-of-a-hearing-transcript/ A son, the named executor of his father’s will, filed the will for probate.  Two other sons filed a caveat (objection) raising claims of undue influence and revocation.  The caveators’ undue influence claim was based on the role the executor played in selecting the attorney who drafted his father’s 1998 ... http://www.gaslowitzfrankel.com/practice-areas/will-and-estate-disputes/morrison-v-morrison-undue-influence-and-revocation/ A petition to probate a will listed a woman and her brother as the decedent’s heirs, though they were not named as beneficiaries in his will.  Acting pro se (without an attorney), the woman filed a caveat (objection) to the petition, asserting that the will failed to identify her or ... http://www.gaslowitzfrankel.com/practice-areas/will-and-estate-disputes/deering-v-keever-amending-a-caveat/ After a man died intestate (without a will), his widow petitioned the probate court for year’s support.  The probate court granted her petition.  The decedent’s mother appealed to the superior court, but the court dismissed her appeal, finding that she had no standing (right to pursue the claim in court).  ... http://www.gaslowitzfrankel.com/practice-areas/probate-and-estate-disputes/booker-v-booker-right-to-appeal-probate-court-decision/ A testator (person who executes a will) left the bulk of her estate to a trust.  Under the terms of the trust, some assets were to be distributed to named heirs with most of the remainder of her estate to go to a foundation.  However, the testator died before she ... http://www.gaslowitzfrankel.com/practice-areas/will-and-estate-disputes/baker-v-merrill-lynch-trust-co-charitable-bequest-and-the-%e2%80%9ccy-pres%e2%80%9d-doctrine/ A widow filed a petition for year’s support, and the daughter of the decedent filed an objection.  The probate court granted the award and the superior court affirmed the award, but the Court of Appeals held that the widow was not entitled to year’s support.  The year’s support must be ... http://www.gaslowitzfrankel.com/practice-areas/probate-and-estate-disputes/anderson-v-westmorland-year%e2%80%99s-support-award/ Following her husband’s death, a widow petitioned the court for year’s support, and she was awarded a half interest in the marital home and a car.  The husband’s son appealed to the superior court, which reduced the award to the car, personal property, and $14,000.  The superior court also denied ... http://www.gaslowitzfrankel.com/practice-areas/civil-appeals/montgomery-v-montgomery-right-to-a-trial-by-jury-in-appeal-of-year%e2%80%99s-support-award/ Co-executors offered the 2004 will of their sister for probate.  A granddaughter filed a caveat (objection to the will) contending that the testator (the person who executed the will) lacked capacity to make a valid will because she was physically and mentally slow and sometimes confused during the last months ... http://www.gaslowitzfrankel.com/practice-areas/will-and-estate-disputes/mosley-v-warnock-judgment-notwithstanding-the-verdict-and-grant-of-a-new-trial-in-a-testamentary-capacity-matter/ A man died in 2006 after a long battle with dementia.  A woman attempted to probate a will the man purportedly executed on July 29, 1999.  The man’s son and stepson filed caveats (objections to the will).  A jury found that the will was invalid because it was the product ... http://www.gaslowitzfrankel.com/practice-areas/will-and-estate-disputes/dorsey-v-kennedy-relevant-time-for-evidence-of-undue-influence-and-lack-of-capacity/ A woman left the bulk of her estate to her youngest daughter, the product of her second marriage.  The woman’s four older children from her first marriage filed a caveat (objection to the will), contending that the will was invalid due to undue influence.  They presented evidence that their mother’s ... http://www.gaslowitzfrankel.com/practice-areas/will-and-estate-disputes/barber-v-holmes-undue-influence/ When a man died intestate (without a will), his widow and surviving son entered into an agreement to divide the net estate, and they each took distributions of $30,000.  The widow then filed a petition for a year’s support of $60,000 plus other assets worth $24,000.  Following a hearing, the ... http://www.gaslowitzfrankel.com/practice-areas/probate-and-estate-disputes/taylor-v-taylor-year%e2%80%99s-support-award/ After a man was murdered in 2001, his wife was appointed executor of his estate.  She was later indicted for her husband’s murder.  The wife hired a law firm for her defense, and the retainer agreement provided that as payment, the wife would give the firm the proceeds she received ... http://www.gaslowitzfrankel.com/practice-areas/will-and-estate-disputes/levenson-v-word-right-of-murderer-to-inherit-from-victim-2/ After a man was murdered in 2001, his wife was appointed executor of his estate.  She was later indicted for her husband’s murder.  The wife hired a law firm for her defense, and the retainer agreement provided that as payment, the wife would give the firm the proceeds she received ... http://www.gaslowitzfrankel.com/practice-areas/will-and-estate-disputes/levenson-v-word-right-of-murderer-to-inherit-from-victim/ A man executed a will on March 15, 2000; he executed another will on May 10, 2000.  Twenty months later, he executed a codicil in which he referred to the March will.  After his death, his heirs retrieved the original May will with the codicil attached from the man’s safe ... http://www.gaslowitzfrankel.com/practice-areas/will-and-estate-disputes/dyess-v-brewton-codicil-to-a-will/ In her will, a woman directed that “a Trust Fund be established” of no more than $25,000 to cover educational expenses of deserving persons, preferably relatives, with an interest in agriculture or homemaking.  Another provision in her will stated, “I give, devise and bequeath the following amounts to the following ... http://www.gaslowitzfrankel.com/practice-areas/will-and-estate-disputes/cronic-v-baker-charitable-trusts-executor-fees/ A husband brought a declaratory judgment action against his wife’s siblings to establish that they had no interest in land owned by her at her death.  The superior court entered a judgment for the husband, but the siblings, our clients, appealed on the grounds that a declaratory judgment action was ... http://www.gaslowitzfrankel.com/practice-areas/civil-appeals/porter-v-houghton-quiet-title-action/ Our client, a credit card transaction processing service, brought an action against a bank for failure to pay its losses pursuant to an indemnification agreement.  The trial court granted our client summary judgment; the bank appealed and our client cross-appealed.  The Georgia Court of Appeals ruled in favor of our ... http://www.gaslowitzfrankel.com/practice-areas/business-litigation/colonial-bank-v-boulder-bankcard-processing-inc-indemnification-agreement-dispute/ A woman who died in 2003 was survived by her daughter and two grandchildren.  The daughter attempted to probate a will executed in 1956.  The grandchildren filed a caveat (an objection to the will) asserting that the 1956 will had been revoked by a 1999 will.  The daughter contended that ... http://www.gaslowitzfrankel.com/practice-areas/will-and-estate-disputes/tuttle-v-ryan-testamentary-capacity/ An elderly woman left her husband in Florida in early 2003 to live with her sister in Georgia.  The day after the woman arrived in Georgia, she met with her sister’s attorney to draft a new will leaving her estate to that sister and another sibling.  A few weeks later, ... http://www.gaslowitzfrankel.com/practice-areas/will-and-estate-disputes/lewis-v-van-anda-undue-influence-concerning-an-irrevocable-inter-vivos-trust/ Our client, a real estate agency, sought summary judgment against a customer for breach of contract.  Our client won on the breach of contract claim, though the court denied that summary judgment was warranted on the matter of attorney fees.  We appealed, claiming that the customer acted in bad faith, ... http://www.gaslowitzfrankel.com/practice-areas/contract-disputes/steel-magnolias-realty-inc-v-bleakley-attorney-fees-in-breach-of-contract-matter/ An adult son was named executor of his mother’s estate, and he filed a petition to probate the will.  His sister signed a letter assenting to the probate.  Nine months later she attempted to caveat (objection) the will, claiming that her mother was in an advanced state of dementia when ... http://www.gaslowitzfrankel.com/practice-areas/will-and-estate-disputes/in-re-estate-of-brice-dismissal-of-caveat-without-a-hearing/ A father died, survived by his two minor children.  He willed all of his property to his sister, as trustee, to be divided among his children.  After the sister refused to serve as trustee and the executor died, the court appointed one person to be both administrator and trustee.  After ... http://www.gaslowitzfrankel.com/practice-areas/will-and-estate-disputes/estate-of-moore-executor-and-trustee-fees/ A woman who died in an automobile accident was survived by her minor son and her parents.  She did not have a valid will.  Her ex-husband, the father of her son, filed a petition to be named administrator of the estate.  The woman’s father also petitioned to be named administrator, ... http://www.gaslowitzfrankel.com/practice-areas/probate-and-estate-disputes/estate-of-sands-kadel-appointment-of-administrator-of-an-intestate-decedent%e2%80%99s-estate/ A widow died with her petition for a year’s support from her late husband’s estate still pending.  The executor of the widow’s estate, who also was the executor of the husband’s estate, filed an amendment to the year’s support petition.  Upon the filing of the petition, the probate court issued ... http://www.gaslowitzfrankel.com/practice-areas/probate-and-estate-disputes/in-re-estate-of-ehlers-year%e2%80%99s-support-proceedings-opening-default-judgments/ After a woman died intestate (without a valid will), the probate court issued an order finalizing a settlement agreement reached by the woman’s heirs.  The court also appointed an administrator and established a procedure for selling the woman’s real property.  The order provided that the administrator must notify the heirs ... http://www.gaslowitzfrankel.com/practice-areas/will-and-estate-disputes/estate-of-gore-estate-administrator%e2%80%99s-sale-of-property/ Four brothers filed lawsuits after the deaths of their parents.  After their mother died, their father petitioned for a year’s support from her estate.  Three of the brothers filed a caveat (objection) to the petition.  The probate court issued a partial final order, stating that it was a consent order ... http://www.gaslowitzfrankel.com/practice-areas/will-and-estate-disputes/harwell-v-harwell-discrepancies-between-probate-court%e2%80%99s-partial-final-order-and-final-order/ In 2000, a mother named her daughter as beneficiary of her life insurance policy.  In 2003, she added her two sons as contingent beneficiaries, leaving her daughter as sole primary beneficiary.  When the mother died after a long illness in June, 2005, her daughter sought 100% of the proceeds of ... http://www.gaslowitzfrankel.com/practice-areas/probate-and-estate-disputes/weatherly-v-weatherly-life-insurance-proceeds/ In November, 1979, a widow filed a petition for year’s support from her husband’s estate.  Her husband’s son and his ex-wife both filed caveats (challenges to the petition).  In March, 1980, the widow was deposed.  After that date, no other action was taken by any party concerning the petition for ... http://www.gaslowitzfrankel.com/practice-areas/probate-and-estate-disputes/clark-v-clark-automatic-dismissal-of-year%e2%80%99s-support-petition-after-five-years/ Beginning in 1978, two brothers built a business operating nursing homes.  They created an irrevocable trust for each of their children.  The trust property consisted partly of shares in the business.  In 1995, the business agreed to merge with a publicly traded healthcare company, and the merger was completed in ... http://www.gaslowitzfrankel.com/practice-areas/trust-disputes/pricewaterhousecoopers-llp-v-bassett-trustee%e2%80%99s-claim-for-negligent-misrepresentation/ A man made a will in 1998, and in 2003, he made notes of potential changes on a copy of his 1998 will.  The executor of the man’s will, one of his sons, discovered the notes before the man died, along with a letter addressed to the executor asking him ... http://www.gaslowitzfrankel.com/practice-areas/will-and-estate-disputes/morrison-v-morrison-intentional-interference-with-a-gift/ Our client was a named beneficiary of his mother’s will.  The will established two trusts; the co-trustees were our client and his mother’s husband.  The lawsuit in this case concerned a lake house.  After the will was probated, the mother’s husband, serving as executor, transferred a 75% interest in the ... http://www.gaslowitzfrankel.com/practice-areas/will-and-estate-disputes/rice-v-pager-interpreting-the-language-of-a-will/ In 1998, a woman executed a will dividing her shares of stock among her children and grandchildren.  Two years later, concerned that the named executor would receive part of the stock value in fees, the woman wrote a letter to the executor saying she intended to name a granddaughter as ... http://www.gaslowitzfrankel.com/practice-areas/will-and-estate-disputes/bunch-v-byington-gift-or-bequest/ A probate court ordered a bank, acting as executor of an estate, to distribute assets to beneficiaries and to pay itself $639,049 from the estate as reimbursement for attorney fees.  The bank sent a letter to the beneficiaries stating that by depositing the distribution checks, the beneficiaries were agreeing to ... http://www.gaslowitzfrankel.com/practice-areas/will-and-estate-disputes/estate-of-austin-right-of-appeal/ When a testator died in 1970, his will left real estate to his son for life and provided that after the son died the property would be shared equally by the testator’s four daughters, a named grandson, and any children of his son.  The son had no biological children, but ... http://www.gaslowitzfrankel.com/practice-areas/will-and-estate-disputes/elrod-v-cowart-%e2%80%93-inheritance-rights-of-adopted-adults/ The will of an executor’s deceased grandmother left the grandmother’s house to a beneficiary.  The executor did not want the beneficiary to receive the house, because the beneficiary’s husband had been convicted of murdering the grandmother’s husband, who was the executor’s grandfather.  When the beneficiary petitioned for removal of the ... http://www.gaslowitzfrankel.com/practice-areas/will-and-estate-disputes/estate-of-zeigler-wrongful-sale-of-estate-asset-by-former-executor-damages-awards-2/ In 1988, a man executed a will leaving his estate to his wife and also naming her executor. They divorced in 1995. Eight years later, the man executed a codicil (amendment) to his will, stating that each of his surviving children would receive $500, and that otherwise the ... http://www.gaslowitzfrankel.com/practice-areas/will-and-estate-disputes/honeycutt-v-honeycutt-effect-of-a-divorce-on-a-will-and-codicil/ In 2003, a mother named one of her daughters to act on her behalf under both a Durable Power of Attorney and a Durable Power of Attorney for Health Care. By early 2006, when the mother was suffering from Alzheimer’s, the daughter arranged for in-home care. Later that ... http://www.gaslowitzfrankel.com/practice-areas/civil-appeals/luther-v-luther-revocation-of-power-of-attorney/ From Law.com: Squire Sanders Sues Lawyer's Estate for Loan Repayment http://www.gaslowitzfrankel.com/practice-areas/will-and-estate-disputes/squire-sanders-sues-lawyers-estate-for-loan-repayment-%e2%80%a2-lawcom/ A son brought suit seeking a fifty percent ownership interest in property by means of an “implied trust” (a trust imposed by the court against one who has obtained property by wrongdoing, thereby preventing the wrongful holder from being unjustly enriched). The claim involved a home and lot purchased by his ... http://www.gaslowitzfrankel.com/practice-areas/trust-disputes/rosado-v-rosado-implied-trust/ The sister and brother-in-law of an elderly man hired a full-time nurse for him after he underwent a leg amputation and other medical procedures. The nurse moved into the man’s home and lived there for five years, until his death. Approximately four months after the nurse moved in, ... http://www.gaslowitzfrankel.com/practice-areas/will-and-estate-disputes/bean-v-wilson-undue-influence/ A minority shareholder filed suit against two officers of the company claiming that they had breached their fiduciary duty by paying themselves excessive salaries. The trial court granted summary judgment to the directors (a ruling that there are no issues of fact to be decided and so that party ... http://www.gaslowitzfrankel.com/practice-areas/breach-of-duties/levy-v-reiner-corporate-breach-of-fiduciary-duty/ In this case, a woman’s biological mother was part of a family that had struck it rich by marketing Jell-O. The woman, however, had been born out of wedlock and adopted by strangers within days of her birth. The mother subsequently married and had two more daughters, and ... http://www.gaslowitzfrankel.com/practice-areas/trust-disputes/in-re-accounting-by-fleet-bank-adopted-child-cannot-share-in-a-class-gift-to-biological-parent%e2%80%99s-descendants-ny/ A man executed his will in 1998, leaving his wife their home, his vehicles, and some cash. He left the remainder of his estate—including stock in AFLAC, Regions Financial, and Southern Company—to two adult children from his first marriage, who were also his executors. In June, 2003, the ... http://www.gaslowitzfrankel.com/practice-areas/will-and-estate-disputes/dudley-v-wachovia-bank-medallion-guarantee-of-signatures-in-stock-transfers/ A man was appointed conservator (formerly called “guardian of the property”) over the assets of another person (generally called the “ward”). When the ward died a year later, the conservator turned over the ward’s assets to the co-executors of the ward’s estate, but he retained $376,398 as compensation for ... http://www.gaslowitzfrankel.com/practice-areas/guardianshipsconservatorships/in-re-estate-of-miraglia-conservator-fees/ In this Alabama case1, a juvenile court had terminated the parental rights of a mother. The mother filed a post-judgment motion, but it was denied. The mother then attempted to appeal the denial, sending her notice of appeal by fax to the clerk of the juvenile court. ... http://www.gaslowitzfrankel.com/practice-areas/civil-appeals/lm-v-shelby-county-dept-of-human-resources-alabama-appeals-court-rejects-faxed-appeal/ During the last decade of his life, a man having an extramarital affair executed codicils (amendments) to his will on three occasions to provide for his paramour and her son. After the man died, these beneficiaries petitioned to probate his will. The executor named in the will, who was also ... http://www.gaslowitzfrankel.com/practice-areas/will-and-estate-disputes/melican-v-parker-who-may-file-a-caveat-capacity-to-make-a-will/ In Land v. Burkhalter 1, three persons attempted to witness a will. One of them, a notary, signed on a line that was reserved for witnesses and also signed as a notary. The notary signed in the presence of the testator (the person who made the will); the ... http://www.gaslowitzfrankel.com/practice-areas/will-and-estate-disputes/land-v-burkhalter-witnesses-to-a-will/ Craig Frankel gave a presentation today to the Probate Court judges of Georgia that summarized and explained how the Georgia Civil Practice Act (i.e., the rules for trials) apply to probate and estate disputes. The following is the power point presentation that he used to explain the rules to ... http://www.gaslowitzfrankel.com/practice-areas/will-and-estate-disputes/craig-m-frankel-speaks-to-probate-judges-about-the-georgia-civil-practice-act/ A man and his sister inherited land from their mother. They owned the property as joint tenants with a right of survivorship (meaning that upon the death of one of them the survivor would inherit the other’s interest and thus own the property outright). When the man borrowed ... http://www.gaslowitzfrankel.com/practice-areas/will-and-estate-disputes/biggers-v-crook-joint-tenancy-with-right-of-survivorship/ Gaslowitz Frankel LLC welcomes you to the redesign of our website. Please take your time to look at the additional news, podcast, and feed content we have added, and be sure to check back regularly as we plan to add more. http://www.gaslowitzfrankel.com/about/firm-news/welcome-to-our-new-website/ In this complex case decided by the United States Tax Court, a woman left her entire estate to her only daughter. The daughter disclaimed (renounced) a portion of the estate assets. The will provided that any disclaimed assets would pass in part to a charitable foundation and in ... http://www.gaslowitzfrankel.com/practice-areas/will-and-estate-disputes/estate-of-christiansen-v-comm%e2%80%99r-charitable-lead-trusts-and-disclaimers-us-tax-court/ Duties and Responsibilities of Personal Representatives of Decedants’ Estates in Georgia [pdf] Prepared and presented by: Georgia Council of Probate Court Judges and the Fiduciary Law Section of the State Bar of Georgia. http://www.gaslowitzfrankel.com/practice-areas/will-and-estate-disputes/duties-and-responsibilitiesof-personal-representatives-of-decedants-estates-in-georgia/ In Cruver v. Mitchell 1, two daughters petitioned to be appointed guardians and conservators of their elderly mother, who was suffering from end-stage Alzheimer’s disease. The petitioners had removed their mother from the Medicaid program, fearing that the State would take possession of the mother’s real property under Medicaid’s estate ... http://www.gaslowitzfrankel.com/practice-areas/guardianshipsconservatorships/cruver-v-mitchell-probate-court%e2%80%99s-incorrect-analysis-was-an-abuse-of-discretion/ Smith v. Wyatt 1 The decedent’s sister filed a caveat alleging that the decedent lacked testamentary capacity and had been unduly influenced by the executor. The caveat also claimed that the person named as sole heir was neither the natural nor adopted child of the decedent, thereby making the caveator ... http://www.gaslowitzfrankel.com/practice-areas/will-and-estate-disputes/smith-v-wyatt-presumption-of-the-probate-courts-correctness-in-the-absence-of-a-hearing-transcript/ Morrison v. Morrison1 The caveators, sons of the testator, raised claims of undue influence and revocation. The undue influence claim was based on the role the executor, another son, played in selecting the attorney who drafted his father’s 1998 will and his alleged participation in preparing the will. The ... http://www.gaslowitzfrankel.com/practice-areas/will-and-estate-disputes/morrison-v-morrison-caveat-claiming-undue-influence-and-revocation/ A will contest (called a caveat in Georgia) ensues when someone brings a legal challenge to a will filed for probate. When probate is initiated, the probate court allows interested parties an opportunity to object to the will. The challenger (called a caveator in Georgia) seeks to overturn ... http://www.gaslowitzfrankel.com/practice-areas/will-and-estate-disputes/faq-what-is-a-will-contest/ In re: Estate of Ehlers 1 A widow died with her petition for a year’s support from her late husband’s estate still pending. The executor of the widow’s estate, who also was the executor of the husband’s estate, filed an amendment to the year’s support petition. Upon the filing of the ... http://www.gaslowitzfrankel.com/practice-areas/will-and-estate-disputes/in-re-estate-of-ehlers-fifteen-days-of-default-apply-to-years-support-proceedings-in-probate-court/ An estate is the total amount of property owned by a person (the “decedent”) at his or her death. In most states, including, Georgia the probate court oversees the administration of a decedent’s estate. Estate administration is the process of probating the estate of a decedent, which includes ... http://www.gaslowitzfrankel.com/practice-areas/will-and-estate-disputes/faq-estate-administration-overview/ Probate is the judicial procedure by which a court oversees the disposition of a person’s property after his or her death. If there is a will, the provisions of the will determine how the estate is distributed. If there is no will, or if the will proves to ... http://www.gaslowitzfrankel.com/practice-areas/will-and-estate-disputes/faq-what-is-probate/ An executor is the person named by the creator of the will (the testator) to carry out the provisions of the will. Any person over the age of eighteen and not a convicted felon may be named as an executor. Family members and close friends are often named ... http://www.gaslowitzfrankel.com/practice-areas/will-and-estate-disputes/faq-what-does-and-executor-do/ When a person dies, he or she generally leaves both probate and non-probate assets. Assets that are distributed outside of the probate process are non-probate assets. Since the probate process is not involved, these assets generally can be distributed more quickly to the appropriate beneficiaries. Another advantage ... http://www.gaslowitzfrankel.com/practice-areas/will-and-estate-disputes/faq-can-probate-be-avoided/ Law.com has a really good article out today why considering the costs and dangers of arbitration is so important.Before inserting or agreeing to a boilerplate arbitration clause, companies should consider the complexity of the litigation that generally arises from their contractual disputes, the number of contracts they are parties to, ... http://www.gaslowitzfrankel.com/practice-areas/mediation-and-arbitration/clauses-merit-careful-consideration/ Beazer Homes, USA, Inc., an Atlanta based home building company, recently filed suit in federal court against the bondholders’ trustee. Beazer aims to block bondholders from accelerating repayment of their notes. While note holders are contractually permitted to sell at their discretion, according to the company, many of the current ... http://www.gaslowitzfrankel.com/practice-areas/business-litigation/beazer-homes-sues-trustee-in-federal-court-to-block-default/ LaRhonda Petitt, who recently proved herself to be the daughter of James Brown, plans to file a motion in the singer’s estate to claim property and a right to oversee the estate. Petitt’s claim rests on the theory that the term “children” in Brown’s will includes children that he ... http://www.gaslowitzfrankel.com/practice-areas/will-and-estate-disputes/new%e2%80%99-daughter-of-james-brown-wants-to-be-part-of-will-%e2%80%a2-daily-report/ In Baker v. Merrill Lynch Trust Co.,1 the court was called upon to construe a trust created by the Will of Margaret L. Scarborough, which directed that a significant portion of her assets be distributed to “The Margaret Owen and Paula Scarborough Foundation, Inc.” Although the Will specified that ... http://www.gaslowitzfrankel.com/practice-areas/will-and-estate-disputes/baker-v-merrill-lynch-trust-co-georgia-court-of-appeals-orders-trial-court-to-consider-evidence-and-circumstance-of-will-signing/ In Ashburn Health Care Center, Inc. v. Poole,1 Plaintiff, acting in his capacity as the executor of his mother’s estate, sued a nursing home alleging wrongful death. The nursing home moved to compel the executor to arbitrate, citing an agreement to arbitrate in its contract with the decedent. ... http://www.gaslowitzfrankel.com/practice-areas/nursing-home-neglect/ashburn-health-care-center-inc-v-poole-georgia-court-of-appeals-rules-over-agency-relationships-arising-from-durable-power-of-attorney-and-spousal-relationship/ In Booker v. Booker 1, the Georgia Court of Appeals denied the appeal of an heir who failed to object to a petition for year's support in the probate court. The petition was granted by the probate court without objection.At the time of decedent's death, a divorce action ... http://www.gaslowitzfrankel.com/practice-areas/will-and-estate-disputes/booker-v-booker-georgia-court-of-appeals-confirms-mother-lacked-standing-to-appeal-award-of-years-support/ From Law.com: The U.S. Supreme Court's 5-4 ruling last week in Bowles v. Russell contains an important reminder for lawyers who handle appeals before the intermediate federal appellate courts: If an appeal is not filed within the time provided by federal statute, the appeal cannot be heard and decided on the ... http://www.gaslowitzfrankel.com/practice-areas/civil-appeals/appeal-on-time-or-dont-appeal-at-all-us-supreme-court-advises-%e2%80%a2-lawcom/ From Daily Report: State Farm settles Katrina lawsuit on day of trial for an undisclosed amount. The plaintiff, Michael McCoy, was seeking $189,402, plus $5 million in punitive damages for damage done to his home during Hurricane Katrina. "State Farm says flood, which the company doesn't cover, reduced McCoy's house ... http://www.gaslowitzfrankel.com/practice-areas/business-litigation/state-farm-settles-katrina-lawsuit-on-day-of-trial-daily-report/ CNN.com reports that last Friday, Larry Birkhead sued his former attorney Debra Opri for, "depositing at least $865,000 owed to him for an unnamed project into an attorney client trust account against his wishes." Opri's original suit claims that Birkhead has failed to pay his legal fees for her representation of him ... http://www.gaslowitzfrankel.com/practice-areas/will-and-estate-disputes/birkhead-sues-attorney-in-anna-nicole-smith-baby-fight-cnncom/ JURIST reports that the US District Court for the District of Colombia has dismissed a lawsuit brought against home lender Fannie Mae, by its shareholders. The shareholders sued to have former board members and executives return bonuses and severance packages awarded during Fannie Mae's 2004 accounting scandal. The judge ruled ... http://www.gaslowitzfrankel.com/practice-areas/business-litigation/federal-court-dismisses-fannie-mae-shareholders-lawsuit/ Today, Adam R. Gaslowitz begins his one-year term today as Chairman of the Fiduciary Law Section of the Georgia Bar. The Section sponsors seminars throughout the year to improve the skills of attorneys practicing in the field of fiduciary law. Additionally, the Section monitors and drafts legislation in the fiduciary ... http://www.gaslowitzfrankel.com/attorneys/adam-r-gaslowitz/adam-r-gaslowitz-to-serve-as-chairman-of-the-georgia-bar-associations-fiduciary-law-section-chairman/ JURIST reports that New Hampshire's governor, John Lynch, signed a civil unions bill allowing, "same-sex couples to enter into civil unions with the 'same rights, responsibilities, and obligations as married couples' beginning in January 2008." For the full story: New Hampshire governor signs civil unions bill http://www.gaslowitzfrankel.com/practice-areas/will-and-estate-disputes/new-hampshire-governor-signs-civil-unions-bill/ JURIST :: Supreme Court grants certiorari in four cases to be heard next term; one which will, "resolve a circuit split on whether parties may contractually agree to vacate an arbitration award under the Federal Arbitration Act." http://www.gaslowitzfrankel.com/practice-areas/mediation-and-arbitration/supreme-court-grants-certiorari-in-four-cases-to-be-heard-next-term/ JURIST :: the Supreme Court limits gender pay discrimination lawsuits when it ruled Tuesday, "that an employee cannot bring a lawsuit for pay discrimination under Title VII of the Civil Rights Act of 1964 for allegedly discriminatory actions that occurred outside the statutory limitations period even when a paycheck ... http://www.gaslowitzfrankel.com/practice-areas/business-litigation/supreme-court-limits-gender-pay-discrimination-lawsuits/ JURIST :: Federal appeals court upholds fraud convictions of Adelphia execs. http://www.gaslowitzfrankel.com/practice-areas/business-litigation/federal-appeals-court-upholds-fraud-convictions-of-adelphia-execs/ JURIST :: World Trade Center insurance settlement reached. http://www.gaslowitzfrankel.com/practice-areas/business-litigation/world-trade-center-insurance-settlement-reached/ Gaslowitz Frankel LLC recently won a ruling from the Court of Appeals that, for better or worse, clarified the law in Georgia on the subject of whether or not a beneficiary has standing to bring a claim against the attorney who drafted a will excluding the beneficiary from an ... http://www.gaslowitzfrankel.com/practice-areas/will-and-estate-disputes/young-v-williams-beneficiary-of-will-may-sue-drafting-attorney-for-malpractice/ Adam Gaslowitz speaks with Sky Radio about estate and trust litigation, wrongful interference with inheritance, and ways to avoid potential litigation. Download Sky Radio Interview 2006.10.19 http://www.gaslowitzfrankel.com/practice-areas/will-and-estate-disputes/adam-r-gaslowitz-interview-with-sky-radio/ In this tragic case 1 , a teenager drank beer at a party hosted by a high school friend and then was killed in a single-car accident on her way home. We represented the deceased teenager’s family. The mother of the high school host did not attend the ... http://www.gaslowitzfrankel.com/attorneys/craig-m-frankel/mowell-v-marks-liability-for-serving-alcohol-to-minors/ From our offices in Atlanta, Georgia, Gaslowitz Frankel LLC represent clients throughout Georgia and the Southeastern United States, including clients in the cities of Athens, Roswell, Augusta, Decatur, Alpharetta, Macon, and Savannah. http://www.gaslowitzfrankel.com/practice-areas/breach-of-duties/gaslowitz-frankel-llc-%e2%80%a2-litigation-attorneys-serving-the-needs-of-georgia-and-the-southeast/ Here is a Bottom Line FAMILY article, written by Adam R. Gaslowitz, about ways to keep your family from fighting over your estate. http://www.gaslowitzfrankel.com/practice-areas/will-and-estate-disputes/how-to-keep-your-family-from-fighting-over-your-money/ Originally published by the American Bar Association What single event can do more damage to family harmony than a nasty divorce dispute? The answer: A will contest or other estate dispute. The worst legal, emotional and often financial nightmares begin when someone in a family contests a will -- that is, ... http://www.gaslowitzfrankel.com/practice-areas/will-and-estate-disputes/nipping-estate-disputes-in-the-bud/ We represented several long-term disability insurance claimants who filed an Open Records Act request to obtain a copy of the Georgia Insurance Commissioner’s investigative report of the long-term disability insurer who had denied our clients’ claims. The Insurance Commissioner refused to produce the report because he allegedly was trying ... http://www.gaslowitzfrankel.com/attorneys/craig-m-frankel/hoffman-v-oxendine-open-records-act/ Adam R. Gaslowitz was recently interviewed by the New York Times for an article about the rise of fights over estate and inheritance disputes. Gaslowitz Frankel LLC would like to thank our clients, Cynthia Null Gardner and Pam Mazikowski, for sharing their struggle, and for agreeing to be interviewed for ... http://www.gaslowitzfrankel.com/practice-areas/will-and-estate-disputes/adam-r-gaslowitz-interviewed-in-the-new-york-times/ What single event can do more damage to family harmony than a nasty divorce? A will contest or estate dispute can be one of the worst legal, emotional and financial nightmares that a family encounters. When someone in a family contests the validity of a loved one’s will, what inevitably ... http://www.gaslowitzfrankel.com/practice-areas/will-and-estate-disputes/save-your-family-from-an-ugly-estate-dispute-advance-planning-is-the-key/ North Fulton Living Magazine and Cobb Living Magazine - November, 2003 Get ready baby boomers. Over the next few decades you will inherit trillions of dollars -- $10.4 trillion to be precise, according to a 1993 Cornell University study. As Depression-era investors pass away, their children stand to benefit from an ... http://www.gaslowitzfrankel.com/practice-areas/will-and-estate-disputes/the-looming-crisis-in-estate-disputes-beware-the-title-wave/ 2003 CNN interview with Adam R. Gaslowitz about resolving estate disputes. Download CNN's Your Money 2003.07 If you have a library card you can read the full transcript of this interview courtesy of AccessMyLibrary. http://www.gaslowitzfrankel.com/attorneys/adam-r-gaslowitz/adam-r-gaslowitz-interviewed-on-cnns-your-money/ In this case, the children of a deceased father filed a caveat (objection) to a petition to probate the will of their late father filed by their step-mother, alleging lack of testamentary capacity and undue influence. The disputing parties attended a mediation at which several offers and counter-offers were ... http://www.gaslowitzfrankel.com/practice-areas/will-and-estate-disputes/griffin-v-wallace-rules-regarding-the-settlement-of-an-estate-dispute/ An Ounce of Prevention... was a regular column for Mortmain, the quarterly newsletter for members of the Estate Planning Section of the Atlanta Bar Association. Issue #1, Spring, 1999. If you are concerned about the possibility of a will contest, I encourage you not to focus solely on drafting your documents ... http://www.gaslowitzfrankel.com/practice-areas/will-and-estate-disputes/an-ounce-of-prevention-the-will-execution-ceremony/ 2003 PBS interview of Adam R. Gaslowitz about will, trust, and estate disputes.Download Layman's Lawyer 2003.03 http://www.gaslowitzfrankel.com/practice-areas/will-and-estate-disputes/adam-r-gaslowitz-interviewed-on-pbs-the-laymans-lawyer/ In this case1, the Georgia Supreme Court clarified the scope of in terrorem clauses in last wills and testaments. An in terrorem clause is a provision in a will that says if someone challenges or objects to the will, he or she cannot receive any bequests or benefits under ... http://www.gaslowitzfrankel.com/practice-areas/will-and-estate-disputes/preuss-v-stokes-preuss-in-terrorem-clause/ Our client filed a caveat to the will of her uncle, alleging undue influence by the sole beneficiary of the will, a man whom her uncle had met in an internet chat room two months before he executed the new will and five months before he died. We presented ... http://www.gaslowitzfrankel.com/practice-areas/will-and-estate-disputes/jones-v-sperau-undue-influence-generally-a-jury-question/ Our client filed a caveat (objection) to the probate of her father’s will, alleging that he lacked testamentary capacity to execute the will and that he had been unduly influenced to cut her out of the will by a manipulative grandson. The grandson was a signatory on several of ... http://www.gaslowitzfrankel.com/practice-areas/will-and-estate-disputes/white-v-regions-bank-testamentary-capacity-and-undue-influence/ Our client, an heir under a will, filed an action to force the executor to provide an accounting of estate assets, alleging that the executor had breached his fiduciary duties and engaged in self-dealing with estate assets. The trial court entered an order requiring the executor to remedy the ... http://www.gaslowitzfrankel.com/practice-areas/will-and-estate-disputes/in-re-estate-of-garmon-reimbursement-of-attorney%e2%80%99s-fees-from-estate/ In this case, several children petitioned the probate court to appoint a guardian for their mother due to alleged mental disability and undue influence over their mother by some of their siblings. The appellate court held1 that susceptibility to undue influence, without more independent evidence of mental incompetence, besides ... http://www.gaslowitzfrankel.com/practice-areas/guardianship-disputes/in-re-copelan-adult-guardianship-petition/ Atlanta Bar Association, Estate Planning Section Breakfast, August 1999. General Observations on the Future of Estate Litigation I. Introduction It obviously is well-established in Georgia law that parties to a contract have a right of action against one who has procured a breach or termination of that contract by the other party. The ... http://www.gaslowitzfrankel.com/practice-areas/will-and-estate-disputes/tortious-interference-with-expectancy-a-new-solution-to-an-age-old-problem/ This article appeared in a regular column for Mortmain, the quarterly newsletter for members of the Estate Planning Section of the Atlanta Bar Association focusing on tips and strategies for estate planners in minimizing the risks of future estate litigation. Issue #2, Summer, 1999. Probably one of the largest growth areas ... http://www.gaslowitzfrankel.com/practice-areas/will-and-estate-disputes/an-ounce-of-prevention-the-ugly-pr/ Our client was given several substantial gifts of money during the last two years of his mother’s life, and he invested all of the funds in a new business he had started. His mother died intestate (which means without a will), and the court-appointed administrator took the position that ... http://www.gaslowitzfrankel.com/practice-areas/will-and-estate-disputes/tankesley-v-thompson-advancements-under-a-will/