Litigation Services for Comprehensive Estate, Probate and Trusts In Cumming, Georgia

After a loved one passes, disagreements and tensions can run high among family members. This can often result in litigation over the deceased loved one’s estate. Whether there are disagreements over the contents of a will, trust or other matters, it’s crucial to have someone on your side who can protect your interests.

At Hodges Law Firm, LLC, we understand how complex these matters can be for you. By working with us, you can feel confident as you navigate the ups and downs of estate litigation, no matter what part of your loved one’s estate you are dealing with. We have been handling these cases for over 30 years and have a track record of success that can provide you with peace of mind.

Learn more about how we can help you by calling 678-608-1746.

Where And How We Can Help

Our firm provides probate law and estate litigation assistance to clients in Forsyth County, Dawson County, Lumpkin County and all along the Georgia 400 corridor north of the perimeter.

We can assist you with issues including:

• Probate and estate administration
• Local estate counsel services for non-Georgia residents
• What to expect from Georgia’s probate court
• Handling the administration of a family member’s estate

To learn more about our probate litigation practice, the different types of disputes we handle or how we can protect your interests in court, please see:

• Common estate disputes in Georgia
• Will contests and disputes
• Lawsuits against incompetent or dishonest fiduciaries
• Lawsuits alleging fraud or undue influence

What To Do If You Suspect A Breach Of Trust

If you suspect a breach of trust, it’s crucial to act quickly to safeguard your rights as a beneficiary. Gather all relevant documents, consult with a trust litigation attorney and evaluate the situation. Depending on the circumstances, consider mediation or negotiation, and if necessary, initiate legal action to address the breach.

Trust Litigation: Safeguarding Your Beneficiary Rights

Disagreements over the creation of a trust can sometimes result in litigation. We are here to help you better understand trust litigation and how we can support you throughout the process.

Understanding Trust Litigation

Trust litigation arises when disputes regarding managing or distributing a trust’s assets occur. These disputes can often become complex and emotionally charged. There are a few reasons why that can happen, including:

• Family members feeling slighted that they didn’t get assets they believed they were entitled to
• Family members believing they were wrongfully removed from a will or trust
• Accusations that the trustee acted illegally or unethically
• Accusations that the trust creator was under duress or not mentally competent when creating the trust

We understand your situation is unique, and we know how to adapt our trust litigation strategy to meet your needs.

Common Trust Disputes And Resolutions

Common issues in trust litigation include allegations of:

• Breach of fiduciary duty occurs when a trustee does not act in the best interests of the trust’s beneficiaries.
• Disputes over the interpretation of trust terms occur when beneficiaries disagree over the intentions or actions of the trust creator.
• Challenges to a trust’s validity occur when beneficiaries or others question the legitimacy of the trust creator’s actions or decisions regarding the trust’s structure or distribution of assets.

Our attorneys work diligently to resolve these disputes through the appropriate means. Whether negotiation, mediation or litigation, we will work with you to find the right approach.

The Role Of A Trust Litigation Attorney

A trust litigation attorney is essential in navigating the legal complexities involved in these disputes. We protect your rights as a beneficiary and ensure the trust administration process is legal and compliant with the requests of the trust creator.

Understanding Estate Litigation: Protecting Your Interests

You’ve worked hard for what you’ve earned, and tense disagreements over your loved one’s estate shouldn’t get in the way of that. Therefore, when matters become litigious, you want counsel who can place your needs and concerns front and center in these discussions.

Here is a breakdown of estate litigation and how we can assist you with it:

Overview Of Estate Litigation

Estate litigation involves legal disputes over the distribution of a deceased person’s estate. These disputes can arise from various issues, including will contests, disputes over asset distribution and allegations of executor misconduct.

Common Causes Of Estate Disputes

Disputes often occur due to:

• Unclear or contested wills: If your loved one left vague instructions or wishes in their will, that could lead to confusion and frustration among family members and beneficiaries.
• Allegations of undue influence: Someone may raise concerns or make accusations that your loved one wrote their will under the threat or coercion of someone with self-serving motives.
• Disagreements among heirs: Even if the will is clear, family members and beneficiaries may disagree on its contents and requests.

Understanding the common causes of these disputes can help prevent or resolve them efficiently.

How Our Legal Team Can Help

Our experienced estate litigation attorneys will advocate for your interests. We provide comprehensive legal support, from initial consultation through trial, to ensure that your rights are upheld and that the estate is settled fairly.

What Are The Steps Involved In Estate Litigation?

Estate litigation typically involves several key steps:

1. Filing a petition: The process begins with a petition in a Georgia probate court.
2. Discovery: Parties gather and exchange pertinent information related to the estate.
3. Mediation or settlement discussions: Efforts to resolve disputes amicably through mediation.
4. Trial: The case may proceed to trial if neither party reaches a settlement.
5. Resolution: The court’s ruling is issued, and appropriate action is taken to enforce the judgment.

Working with an experienced estate litigation attorney is vital to navigating these steps effectively.