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Estate and Trust Litigation


Estate and Trust Litigation

Often disputes arise between the beneficiaries of a trust, or an estate, and the fiduciary, whether a trustee, executor, or administrator. In some cases, it is the beneficiary who does not believe that the fiduciary is properly performing his or her role. In other cases, it is the fiduciary that is not properly fulfilling his responsibility in administering the trust or estate. Wall Ellison LLC in Augusta represents people or entities who are involved in such disputes, whether as a beneficiary or as a fiduciary.

Since 1978, our firm has been helping people and entities to resolve disputes between the beneficiary and the fiduciary. We have successfully represented both sides of such a dispute, obtaining numerous favorable settlements and judgments. If you have been involved in such a dispute, either as a beneficiary or as a fiduciary, (whether as a trustee, executor, or administrator), contact one of our attorneys for a free initial consultation about your case.

Estate Claims

Beneficiaries of an estate are often not aware of the terms of a will or the amount of an estate until after the death of the individual whose property is to be distributed to the beneficiaries. From a beneficiary's standpoint, the beneficiary may feel that he has been misled as to the property to which he believes he is entitled. Likewise, an executor or administrator is often required to interpret a will or Georgia law concerning how to carry out his responsibilities to fulfill either the terms of the will or the law.

A distant relative may befriend an elderly person with substantial assets. Upon that person's death the immediate family learns for the first time that a will has been prepared granting most or all of the decedent's property to the distant relative. Likewise, a dispute might arise regarding the terms of the will or the administration of the assets of the estate being administered, but one or more of the family members thinks that he is receiving less of an inheritance than he should under the terms of either the will or under the law.

Trust Matters

Often a trust is created under the terms of the will or through an inter vivos trust, with a third party serving as trustee. Typically disputes arise after the creator of the trust has died, leaving to the trustee the responsibility to act in good faith in accordance with his fiduciary responsibilities in carrying out the terms of the trust.

At times, the beneficiary of such a trust may have reason to believe that the trustee is not carrying out properly his fiduciary responsibilities. Alternatively, a trustee may be carrying out his responsibilities in good faith and in accordance with Georgia law, but is being challenged by a beneficiary in an attempt to force the liquidation of the trust in order to receive a share in accordance with the law of descent and distribution and free of any limitations that may be in the trust agreement.

If you have been involved in such a dispute as a beneficiary, or as a fiduciary carrying out your responsibilities as an trustee, executor, or administrator, contact one of our attorneys at Wall Ellison in Augusta, Georgia for a free initial consultation.

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