Trusts and Estates Litigation
Trust and estates are legal entities that encompass multiple individuals, each of which has rights and responsibilities under Georgia law. Unfortunately, there are situations where their interests conflict. Disputes are common among the parties, including trustees, estate administrators, beneficiaries, and heirs. In some cases, the parties can resolve their differences through negotiations or mediation. However, when they cannot, the next step is trusts and estates litigation. You might need to take action to protect your interests, but you may also be in the position to defend claims of misconduct.
Trials involving trusts and estates are complicated, so it is wise to work with skilled legal counsel if your case involves litigation. Kresky Law is knowledgeable about the laws and statutory requirements, so we are ready to advocate on your behalf in court. Please contact us to schedule a consultation with an Atlanta trusts and estates litigation lawyer. You might also benefit from reviewing a legal summary.
Types of Legal Proceedings
There are many different conflicts that can erupt into litigation involving a trust or estate. Some of the most common cases are:
- Actions for accounting, in which an interested party wants information on income and expenses
- Breach of fiduciary duty for alleged misconduct by a trustee, executor of a will, or estate representative
- Disputes over creditor claims in probate, where creditors seek payment from the estate due to debts of the decedent
- Will or trust contests alleging fraud, coercion, or misrepresentation
- Estate recovery cases to have assets returned after someone unlawfully misappropriated them during a decedent’s last stages of life or after death
Overview of Litigation Proceedings
Whenever a party with an interest in a trust or estate takes legal action, they must initiate litigation either by a petition in an existing case or filing a complaint for a new proceeding. The interested party may seek such remedies as reformation of a trust, damages due to breach of duty, setting aside a will, or any other relief related to the cases mentioned above.
Litigation for trusts and estates works like a trial, in which the parties have the opportunity to present evidence, arguments, and witness testimony. The court will weigh the evidence and make a determination. It is important to get assistance from an Atlanta trusts and estates litigation attorney, so count on Kresky Law to:
- Consult with you on your interests and objectives
- Gather evidence to support your claims
- Develop a strategy to defend your rights if you are accused of misconduct
- Handle depositions and discovery, if applicable
- Represent you at trial
Contact an Atlanta Trusts and Estates Litigation Attorney to Learn More
It is helpful to review some basic information about trials involving trusts and estates, but you can see that legal representation is essential. Our team at Kresky Law is experienced with all aspects of litigation, so we are ready to protect your rights or defend you from allegations of misconduct. Please contact us to set up a case evaluation with a Georgia trusts and estates litigation lawyer today.
