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. Wed, 13 Aug 2008 17:47:34 +0000 http://backend.userland.com/rss092 en 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/