Litigating Complex Probate Disputes

Due to the complexity of probate litigation, it is critical to have an experienced probate attorney on your side as soon as possible. Our lawyer, Ophelia Chan, has years of experience in this area of law. At Chan Law Firm LLC, she represents petitioners (plaintiffs) and respondents (defendants) in probate matters.

To arrange a consultation, please call us in Marietta at 678-894-7917 or complete our contact form. Our lawyer represents clients throughout the Atlanta metro area.

Will Contests

Will disputes often occur when an heir or beneficiary of a previous will believes that the will being offered for probate is invalid. While this can happen in any family, it is especially common in blended families. All heirs in the state of Georgia receive notice of a petition to probate that is filed. Once served, the heirs have a specific time period, as set out by statute, to object to the probate of the will.

Often, will contests are based on grounds of fraud, undue influence, improper execution or the existence of a later will. At Chan Law Firm, our lawyer can represent you and help protect your rights if you are involved in a dispute over a last will and testament, and she can provide guidance if you are contemplating challenging a will.

Estate And Trust Litigation

Litigation involving estates and trusts often begins when beneficiaries or heirs believe that the assets in an estate or trust are mismanaged or mishandled by the personal representative or the trustee. The heir or beneficiary can petition the court to have the trustee or personal representative give an accounting of the actions taken in the estate or trust. Once the information is brought forward by the personal representative or trustee, the court uses that information to judge whether there has been a breach of fiduciary duty or mismanagement of the estate or trust.

If the personal representative or trustee has mismanaged the estate or trust, then the heirs or beneficiaries can petition the court for the removal of that person as the personal representative or trustee. Our attorney at Chan Law Firm represents both plaintiffs and defendants involved in estate and trust disputes. If you are involved in a current estate or trust dispute or have a complex case pending in probate court, call us to learn how our lawyer can use her knowledge and experience to advocate for you and help you resolve your dispute.

Accounting and returns are often the subject of dispute. If you have questions regarding accounting and returns or other fiduciary duties, attorney Chan can help.

Getting Answers To Your Questions

As our lawyer represents you, she will also answer any questions you may have about probate along the way. Some common questions we can answer for you include:

What is probate?

Probate is the legal process of distributing a deceased person’s assets and debts to heirs and beneficiaries. Probate typically involves verifying the deceased person’s last will and testament, although probate also occurs if the deceased person died without a will.

What happens if someone dies without a will?

When a loved one passes without a will, the deceased person is said to have died “intestate.” The probate court must then decide how the deceased person’s assets and debts should be distributed.

Unfortunately, confusion and family disputes often arise in these situations. A will is generally created to clarify a person’s wishes, but without a will, the probate court must distribute the estate according to Georgia probate law – and not necessarily according to the wishes of the deceased or the family.

Discuss your concerns with our probate attorney if your loved one passed without a will. She can assess your case and explain your options.

What is a year’s support?

In Georgia, the probate court can be petitioned for “year’s support,” which allows the spouse and/or minor children of the deceased to receive property from the estate before any debts are paid to creditors.

Because year’s support can effectively mean that the surviving spouse will receive most or all of the estate, petitions for year’s support are sometimes challenged by other heirs and beneficiaries.

A petition for year’s support must be filed within two years of the death. Proper filing is crucial for its success. The petitioner is required to list all parties who are believed to have an interest in the estate and identify the property to be set aside for year’s support. To avoid any mistakes, it is important to have an experienced probate attorney handle this filing.

How can a probate attorney help?

Probate is a complex and potentially time-consuming process. For anyone handling estate matters after the loss of a loved one, the assistance of an experienced probate attorney can greatly alleviate burdens and ensure that the process goes as quickly and smoothly as possible.

Our probate attorney can also help you prevent or resolve any disputes that may arise. She handles probate litigation as well as appeals of unfavorable court decisions regarding estate matters. She has extensive experience in estate litigation and appeals.

Is probate required?

Probate is generally required to distribute the deceased’s assets and resolve their debts. There are some exceptions regarding when probate is necessary, however. If the estate in question is small enough, the assets in question were jointly owned or the assets have designated beneficiaries, then it is possible to avoid the probate process. The circumstances can vary, and attorney Chan can confirm your options through probate.

How long does probate take?

The duration of the probate process can vary significantly based on the size and complexity of the estate, the efficiency of the court and whether anyone disputes the process. In most cases, simple probate cases can take months to a year to resolve, but more complex ones can take several years to settle.

What Assets Are Exempt From Probate?

Certain assets can be exempt from probate, meaning that they can be transferred directly to beneficiaries without court involvement. Common examples include:

• Jointly owned property: If two people own the assets in question, then the total ownership will be passed on to the remaining owner.
• Beneficiary designations: These are life insurance policies, retirement accounts, and payable-on-death (POD) or transfer-on-death (TOD) accounts with named beneficiaries.
• Trust assets: Property held in a living trust bypasses probate and is distributed according to the trust’s terms.
• Small estates: Some states allow simplified probate procedures or exemptions for estates under a certain value threshold.

Understanding which assets are exempt from probate can help streamline the estate settlement process and reduce legal complexities.

Contact An Atlanta Metro Area Probate Litigation Attorney

To schedule an appointment, please call our Marietta office at 678-894-7917 or complete our contact form. Attorney Chan advises and represents clients throughout metro Atlanta.