Expert Probate Litigation Services In Cumming, Georgia

The probate process in Georgia is when the directions in the estate plan are followed and a deceased person’s estate is addressed. This involves distributing assets, paying debts and much more. Probate litigation sometimes occurs when there are disputes between beneficiaries or will contests and challenges.

Those who find themselves in this position may need experienced legal guidance, which is when they should call Hodges Law Firm, LLC, for a consultation. Our attorneys are known for their personal touch and tireless defense of our clients’ rights. Founding attorney Russell Hodges is an AV Preeminent peer-review rated* attorney through Martindale-Hubbell.

The Probate Litigation Process In Georgia

A simple petition starts the probate process in Georgia. If there is litigation, the interested party needs to file a lawsuit in probate court. In this lawsuit, they allege a valid reason to contest the plan, such as undue influence or lack of testamentary capacity by the deceased. Generally, probate needs to begin within five years of the person’s passing. Litigation should start before the probate process has concluded and may happen as soon as relevant documents have been distributed.

Common Challenges In Probate Litigation

Probate challenges happen for a wide variety of reasons, such as:

• Disputes over a will’s validity: A beneficiary may contest that the will is fraudulent or outdated. Disputes are more likely if there are multiple wills.
• Contesting executor actions: Litigation may begin if the estate executor appears to be operating in their own best interests rather than those of the estate or the beneficiaries.
• Addressing undue influence claims: Undue influence is when someone manipulates or coerces an elderly person to alter their estate plan – such as a caregiver who threatens to withhold care.

Every case is unique, which is why working with an experienced firm is so important.

Call For A Consultation

If you want to schedule a consultation with our team, just use the online contact form or dial 678-608-1746 today. When there is a dispute over a will, it is important to act quickly – before the estate’s assets are distributed, so time is of the essence.