When a loved one passes away, families often find themselves dealing not only with grief but also with complicated legal issues. From contested wills to family members refusing to leave estate property. These situations can quickly escalate into probate disputes.
Even without conflicts, settling a loved one’s estate can be one of the most emotional and confusing experiences a family faces. At Georgia Probate Law Group, our mission is to help families navigate this process with clarity, compassion, and confidence, ensuring the deceased’s estate is settled correctly and legally.
The case studies below highlight some of the challenges that can arise during probate, the practical strategies used to address them, and the experience and dedication of our firm’s legal team.
Client Attorney confidentiality is of the utmost importance.
At GPLG, we take this very seriously and therefore client names and identifying details have been changed to protect privacy.
Case Study 1:
Sibling Refuses to Leave the Family Home
Our client came to us after her single mother of three passed away. Her mother’s main asset was her home, which one of her siblings was still living in and refused to leave.
To complicate matters, the executor named in the will didn’t want to serve as the Executor, and no one else in the family wanted the responsibility either.
Our client simply wanted the estate handled fairly and the home sold in accordance with her mother’s wishes.
Senior Attorney Stacey Ferris
- Listened to our client.
- Assessed the situation.
- Explained the basic procedures to the client.
- Attempted negotiation, and when that failed,
- Created a strategy that would get control of the estate quickly.
Gaining control of an estate quickly prevents the situation from spiraling further, taking more time, and costing more money.
This is the strategy Stacey employed:
- Petitioned the court: Stacey filed for temporary letters of administration to act on behalf of the estate, allowing the firm to take control of the estate quickly, even though temporary administrators have limited powers. She carefully requested the specific authority needed, ensuring the process was legally sound.
- Request a County Administrator: Since no family member wanted to serve, Stacey petitioned the court to appoint a neutral third-party administrator to oversee the estate.
- Requested eviction authority: The sibling needed to be evicted, otherwise the estate couldn’t move forward with selling the home.
The result of Stacey’s exceptional work in this case meant that:
- Our client was protected from direct conflict with her sibling, thereby preventing further damage to family relationships.
- The property could finally be sold, and the proceeds distributed fairly.
- Long and expensive delays in the Probate Court were prevented.
This case demonstrates the importance of having an experienced and knowledgeable attorney who can identify and execute the right strategy for your situation.
Helpful Tip: A good will has 3 named executors. When creating a will, it’s recommended to appoint an executor and successors to help mitigate situations like the one above.
Case Study 2:
Ex-Spouse Tries to Control the Estate
Our client’s mother passed away without a will. An attorney representing the mother’s ex-husband contacted our client with documents to sign. The ex-husband wanted to become the Administrator and take control of the estate.
Our client was understandably uncomfortable with that and reached out to us for help.
Senior Attorney Stuart Bagley
- Listened to our client.
- Inspected the letter and accompanying documents sent by the ex-husband’s attorney.
- Recognized that the request was not legally appropriate, as ex-spouses are not eligible to serve as personal representatives of an estate in Georgia.
- Decided to investigate before contacting the other attorney.
Upon Investigation, Stuart discovered that the other side had already filed papers seeking access to the estate without informing our client (the legal heir). He then informed our client about the situation and decided it was time to contact the other side.
This is the strategy that Stuart employed:
- Sent a stern letter of demand to the other side for their petition to be rescinded.
- Filed a formal objection to their petition.
- Filed a petition on behalf of our client to be appointed as the Administrator.
The result of Stuart’s decisive strategy meant that:
- The ex-husband’s petition was dismissed.
- Our client was rightfully appointed as the Administrator to protect her late mother’s estate.
This case demonstrates the importance of experience, strategy, and taking prompt legal action when someone oversteps their rights in a probate matter.
Helpful Tip: Never sign a blank document!
Case Study 3:
Uncooperative Family Member Hides Will
Our client’s father passed away, leaving behind five children. Sadly, the siblings were estranged from one another for various reasons. Our client reached out to his older brother about their father’s will, but got no response.
About six months after his father’s passing, our client decided to take matters into his own hands and sent his brother a letter of demand for their father’s will. After being ignored once again, our client sought our help.
Attorney Andrew Desautel
- Started with the basics – listened to our client and reviewed all documents and information our client provided.
- Investigated whether anything had been filed with the Probate Court regarding the father’s estate.
Andrew discovered that no documents had been filed with the Court, consulted with the client, and decided on a way forward.
This is the strategy that Andrew employed:
- Sent the brother a Letter of Demand for the father’s will.
- Placed a phone call to the brother, reinforcing the letter of demand, and informing him that our client had a legal right as an heir to view the will.
The result of Andrew’s strategy:
- The brother felt pressured to hire his own lawyer, who advised him of his legal responsibilities and told him to release the will.
- A copy of the will was secured.
- Our client learnt that he was entitled a one-fifth share of their fathers’ estate.
If the brother had continued to withhold the will for longer than he did, Andrew’s strategy would’ve extended to petition the Courts. Fortunately, firm and professional action resolved the situation without a lengthy legal battle.
This case demonstrates the importance of legal representation for both parties. Even a simple estate can become complicated when emotions and conflict arise.
Helpful Tip: Wills become part of the Public Record once they’re filed.
Disclaimer:
These case studies are provided as examples only and do not guarantee or imply that your case will have a similar outcome. Every probate matter is unique. The best approach will depend on the specific facts of the case, the family dynamics involved, the details of the estate, and the applicable court procedures and laws.
Legal representation protects your rights. Acting quickly and strategically, and having the knowledge and experience about the laws and procedures that our attorneys have, saves you time, money, and future stress.
Whatever your situation, our team is here to listen and help. Contact Georgia Probate Law Group today to schedule a consultation and get the guidance you need to move forward with confidence.
Disclaimer: The information above is provided for general information only and should not be considered legal advice. Our probate attorneys provide legal advice to our clients after talking about the specific circumstances of the client’s situation. Our law firm cannot give you legal advice unless we understand your situation by talking with you. Please contact our law office to receive specific information about your situation.
