For many people, the thought of the fees associated with hiring an attorney can be a stressor. However, when deciding to pursue legal action in an estate, potential clients should be aware that there is legal precedent for reimbursement of attorney’s fees from the estate’s funds. These fees can be legal fees for the normal course of events in the distribution of an estate or even legal fees as a result of contesting/removing a current personal representative. The Official Code of Georgia Annotated (OCGA) provides in §53-7-45 that “personal representatives [of an estate] are authorized to compromise, adjust, arbitrate, assign, sue or defend, abandon, or otherwise deal with or settle debts or claims in favor of or against the estate.” If the personal representative does not want to pursue a matter, they can assign the matter to a creditor or heir/beneficiary who can then pursue it on their behalf. If that person succeeds in her pursuit and thereby brings funds into the estate her attorney’s fees and expenses may be reimbursed from the estate. The case Estes v. Collum provides an example of a different kind of situation which may warrant an award of attorney’s fees. In Estes, the estate administrator was wrongfully holding property… [Read More]
Atlanta Probate Lawyer: Recovering Attorney’s Fees for Actions Taken on Behalf of an Estate
Georgia Estate Dispute: Avoid One with Communication
What should you do when there is trouble brewing in your family regarding an estate matter in Georgia? Should you stay quiet and hope the dispute never erupts? Should you head off a dispute by telling everyone else how things ought to be done. The New York Times recently published a Q&A with Sheila Heen (“Negotiating Conflicts, Part 5: A Tug of Wills“). Ms. Heen is a negotiations and communications expert and faculty member at Harvard Law School, that emphasizes one major theme: communicate your concerns before it is too late. Estates are uncomfortable topics. To most, asking a parent about his estate probably seems cynical and self-serving. Even close siblings often have a difficult time discussing with each other what to do about their parents’ estates (who should do what, who should get what, etc.). However, failing to address valid concerns sooner may cost the family time and money fighting over those concerns later. There are a variety of smart, healthy ways to break the ice on such a difficult topic. If you are concerned about how things will play out in your family, don’t be afraid to let someone know. If you are too uncomfortable to say something… [Read More]
