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  • In re Jerry W. Sessions, Deceased

    Publication Date: 2023-05-01
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Charles Lane, (Met Lane & Associates, P.C.), Carrollton, for appellant.
    for defendant: Eric Abney, (Law Offices of Eric S. Abney, P.C.), Carrollton, for appellee.
    Case Number: A23A0352

    Court affirms probate court judgment that awarded a life estate of a certain value to a surviving spouse where her husband had died intestate

  • Duncan et al. v. Rawls et al.

    Publication Date: 2023-04-25
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Michael Foust, Allan Parks, David Walbert, (Parks, Chesin & Walbert, P. C.), Atlanta, for appellant.
    for defendant: David Balser, John Toro, Letitia McDonald, Julia Barrett, (King & Spalding, LLP), Atlanta, for appellee.
    Case Number: A21A0258

    Court vacates an order that an in terrorem clause in a trust document bars any claim that challenges the validity of the document.

  • Walsh v. Bowen

    Publication Date: 2023-04-19
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Christopher Cohilas, Christopher Foreman, (Watson Spence LLP), Albany, for appellant.
    for defendant: John Moorhead, Samuel Lowe, (Moorhead Law Firm, LLC), Albany, William Moorhead, (Attorney at Law), Albany, for appellee.
    Case Number: A22A1590

    Court reverses summary judgment due to questions of fact over whether decedent renounced his dominion over funds that executor wanted to keep in his estate

  • In the Matter of Willie George Davis, Jr.

    Publication Date: 2023-04-14
    Practice Area: Legal Ethics and Attorney Discipline | Trusts and Estates
    Industry: Legal Services
    Court: Georgia Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: James Stephen Lewis, Paula J. Frederick, Jenny K. Mittelman, William Dallas NeSmith, (State Bar of Georgia), Atlanta, for appellant.
    for defendant: Gene Chapman, (Gene Chapman LLC), Atlanta, for appellee.
    Case Number: S23Y0445

    Disbarment Warranted by Mishandling of Estate and Conservatorship, and Repeated Failures to Comply With Court Orders

  • Lynch et al. v. Lynch et al.

    Publication Date: 2023-04-11
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Brian Deutsch, (McCurdy and Candler, LLC), Decatur, Benjamin Pierman, (Harrison & Held, LLP), Atlanta, for appellant.
    for defendant: Jason Smith, (Attorney at Law), Winter Garden, John Park, (Law Offices of Jack Park), Gainesville, for appellee.
    Case Number: A22A1747

    Court affirms summary judgment on breach of contract claim against a decedent's executor but reverses as to the executor's personal liability for that claim

  • Law Journal Press | Digital Book

    New Jersey Estate Litigation 2014

    Authors: Michael R. Griffinger, Paul F. Cullum III

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  • Giller et al. v. Slosberg

    Publication Date: 2023-03-13
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Tyler Dixon, (Raiford & Dixon LLC), Atlanta, Hon. Leah Sears, Sasha Greenberg, (Smith, Gambrell & Russell, LLP), Atlanta, for appellant.
    for defendant: Tyler Dixon, (Raiford & Dixon LLC), Atlanta, Janet Litt, (Janet Litt, LLC), Atlanta, Kevin O’Sullivan, (Cohen Pollock Merlin Turner P.C.), Atlanta, Frederick Sugarman, Matthew Hawk, (Sugarman Law LLP), Atlanta, for appellee.
    Case Number: A21A0001

    On remand, the court reversed its prior opinion and found a trust instrument that included an in terrorem clause to be void due to undue influence

  • In re: Estate of Bette Dwoskin Kurtzman

    Publication Date: 2023-03-13
    Practice Area: Family Law | Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Brian Deutsch, (McCurdy and Candler, LLC,), Decatur, Benjamin Pierman, (Harrison & Held, LLP), Atlanta, for appellant.
    for defendant: Stephanie Graham, (The Law Office of Stephanie P. Graham, LLC), Atlanta, Fred Slotkin, (Slotkin Law Firm), Decatur, for appellee.
    Case Number: A23A0399

    Court reverses probate court's appointment of a guardian and conservator and remands for application of the proper analysis for that appointment

  • In re Estate of Charles D. Henry, Deceased

    Publication Date: 2023-03-08
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Eric Fisher, Jeffrey Morgan, (Barnes & Thornburg LLP), Atlanta, for appellant.
    for defendant: Lori Christman, Louis Levenson, (Levenson & Associates), Atlanta, Lyonnette Davis, Atlanta, for appellee.
    Case Number: A22A1518

    Court reverses summary judgment order that dismissed a petition for a caveat to the probate of a will in light of questions of fact over the existence of undue influence

  • Buchanan v. Hannon

    Publication Date: 2023-02-22
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Mark Johnson, Hillary Stringfellow, Amber Carter, (Gilbert Harrell Sumerford & Martin), Brunswick, for appellant.
    for defendant: Thomas Evans, Brian Griffin, Bryan Schivera, (Oliver Maner LLP), Savannah, for appellee.
    Case Number: A22A1650

    Resolution of Ambiguous Will Provision Not Necessary Where Previous Provision Governed

  • Ewing et al. v. Scott

    Publication Date: 2023-02-21
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Paul Andrew, (Andrew, Merritt, Reilly & Smith), Lawrenceville, for appellant.
    for defendant: Kevin Moore, (Attorney at Law), Atlanta, for appellee.
    Case Number: A22A1382

    In a declaratory judgment action regarding a trust, the court affirmed the denial of equitable relief, vacated a denial of fees, and reversed on an issue of who is a beneficiary