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  • Duncan et al. v. Rawls et al.

    Publication Date: 2021-07-05
    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 affirms that a trust's in terrorem clause applied to the trust beneficiaries' claim for tortious interference and that they had no claim for breach of fiduciary duty

  • Giller et al. v. Slosberg

    Publication Date: 2021-05-25
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Tyler Dixon, (Raiford & Dixon LLC), Atlanta, 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 & Small P.C.), Atlanta, Frederick Sugarman, Matthew Hawk, (Sugarman Law LLP), Atlanta, for appellee.
    Case Number: A21A0001

    Court reverses trial court judgment and imposition of a constructive trust in a challenge to an estate distribution matter involving undue influence by trust beneficiaries

  • Smith v. Tibbits, Executor et al.

    Publication Date: 2021-05-20
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Charles Cork, (Attorney at Law), Decatur, Donald Defoor, (Don F. Defor, P.C.), Douglasville, for appellant.
    for defendant: Robert Carlson, Harry MacDougald, Christine Buckler, (Caldwell, Carlson, Elliott & DeLoach, LLP), Atlanta, for appellee.
    Case Number: A20A1987

    Court reverses summary judgment in favor of an estate executor when genuine issue of material fact existed as to whether certain real and other property had been transferred

  • Giller et al. v. Slosberg

    Publication Date: 2021-05-20
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Tyler Dixon, (Raiford & Dixon LLC), Atlanta, 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 & Small P.C.), Atlanta, Frederick Sugarman, Matthew Hawk, (Sugarman Law LLP), Atlanta, for appellee.
    Case Number: A21A0001

    Court reverses trial court judgment and imposition of a constructive trust in a challenge to an estate distribution matter involving undue influence by trust beneficiaries

  • In Re Estate of McLendon

    Publication Date: 2021-04-23
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: William Tiku, (Tiku & Associates PC), Marietta, for appellant.
    for defendant: John Neville, (Neville & Cunat, LLP), Cumming, for appellee. Harold McLendon, Temple, Carrie Trotter, (Attorney at Law), Cartersville, for other party.
    Case Number: A21A0325

    Court Upholds Probate Court's Conclusion That Testimony of Witnesses to the Will Did Not Overcome Presumption of Validity

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  • Houston et al. v. James

    Publication Date: 2021-03-25
    Practice Area: Real Estate | Trusts and Estates
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Julie Liberman, (Julie A. Liberman, LLC), Decatur, James Tramel, Elaine Nietmann, (Attorney at Law), Lilburn, Brunswick, for appellant.
    for defendant: Michael Cummings, (Michael H. Cummings II, LLC), Clayton, for appellee.
    Case Number: A20A1689

    Court reverses summary judgment order, finding that questions of fact existed as to whether a son had prescriptive title to a deceased father's property

  • Bowen et al. v. Savoy et al.

    Publication Date: 2021-03-01
    Practice Area: Civil Procedure | Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Patrick McKee, (Law Office of Patrick W. McKee, LLC), Newnan, for appellant.
    for defendant: Robert Carlson, Lauren Miller, (Caldwell, Carlson, Elliott & DeLoach LLP), Atlanta, for appellee.
    Case Number: A18A1001

    Court reverses denial of a motion to set aside default after concluding that defendants established a meritorious defense to the plaintiff's allegations

  • In Re Estate of Leon Brown

    Publication Date: 2020-12-30
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: Linda Glover, Griffin, for appellant.
    for defendant: Ann Herrera, (Russell & Herrera, P.C.), Decatur, for appellee.
    Case Number: A20A1976

    Probate Court Had Jurisdiction to Appoint Administrator of Estate of Decedent/Conservatee Who Resided in Different County

  • In Re Estate of Leon Brown

    Publication Date: 2020-12-28
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: Linda Glover, Griffin, for appellant.
    for defendant: Ann Herrera, (Russell & Herrera, P.C.), Decatur, for appellee.
    Case Number: A20A1976

    Court affirms appointment of decedent's guardian as administrator of his estate over jurisdictional challenge from decedent's heirs

  • Cynthia S. Barry v. Thomas S. Barry, III et al.

    Publication Date: 2020-12-11
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: James Blitch, (Blitch Law, PC), Atlanta, Edward Tolley, (Attorney at Law), Athens, Devin Smith, Edward Tolley, (Cook & Tolley LLP), Athens, for appellant.
    for defendant: Eddy Corn, (E A Corn, LLC), Hiawassee, James Tittle, (Attorney at Law), West Palm Beach, Daniel Duello, (Law Office of Daniel R. Duello), Blairsville, William Mercer, (William K. Mercer Jr PC), Blairsville, for appellee.
    Case Number: A20A0839

    Court affirms ruling that an heir forfeited her beneficial interests in a will and trust pursuant to in terrorem clauses as a result of her bad faith efforts to prevent probate