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  • 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

  • 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

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    Chester County Court Rules 2024

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  • 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

  • Estate of Suddeth v. Williams

    Publication Date: 2022-12-19
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Martin Fierman, (Attorney at Law), Madison, Ben Fierman, (Fierman Law Firm), Madison, for appellant.
    for defendant: William Waters, (Ballard, Stephenson & Waters), Covington, for appellee.
    Case Number: A22A1503

    Court reverses order of contempt against an estate administrator where only the decedent had been responsible for the contemptuous conduct

  • West v. Miller et al.

    Publication Date: 2022-11-21
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Martin Fierman, (Attorney at Law), Madison, Ben Fierman, (Fierman Law Firm), Madison, for appellant.
    for defendant: Michelle Chaudhuri, (Attorney at Law), Conyers, Kevin Epps, Tyler Gaines, (Epps, Holloway, DeLoach & Hoipkemier, LLC), Watkinsville, Adam Rosenberg, (Rennie & Rosenberg), Watkinsville, Brian Toney, (The Law Office of Alan Toney), Macon, Matthew Miller, Madison, for appellee.
    Case Number: A22A1122

    Possible Closest Heir's Timely Motion to Intervene in Will-Construction Case Should Have Been Granted

  • Brown et al. v. Brown

    Publication Date: 2022-10-21
    Practice Area: Creditors' and Debtors' Rights | Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: William Bost, (Greenfield, Bost & Kliros, P.C.), Atlanta, for appellant.
    for defendant: Brent Herrin, Gus Small, Benjamin Klehr, (Small Herrin, LLP), Atlanta, for appellee.
    Case Number: A22A0972

    Court affirms summary judgment in favor of a trustee in a debt-collection action where appellants sought to raise a question of fact on waiver of collection efforts

  • Chambers v. Edwards

    Publication Date: 2022-10-07
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Donell Holiday, (Law Office of Donell Holiday), Atlanta, for appellant.
    for defendant: Kristin Bloodworth, (Attorney at Law), Augusta, Eric Wilborn, (Stewart, Melvin & Frost LLP), Gainesville, for appellee.
    Case Number: A22A0775

    Court affirms dismissal of action for tortious interference by one heir of an estate against another because the action was barred by res judicata