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  • Lucas v. Charles Schwab & Company Inc. Ira Account No. XXXX-2410 et al.

    Publication Date: 2020-05-11
    Practice Area: Trusts and Estates
    Industry: Investments and Investment Advisory
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: Panos Constantinides, (Attorney at Law), Atlanta, for appellant.
    for defendant: Keisha Coleman, (McGuirewoods LLP), Bainbridge, Jeremy Moulton, (The Moulton Firm), Conyers, for appellee.
    Case Number: A19A1991

    Court affirms verdict that a decedent's ex-wife was the primary beneficiary of his IRA on the basis of his ratification of his agent's actions.

  • Glass et al. v. Faircloth et al.

    Publication Date: 2020-04-23
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Ann Ferebee, Jennifer Odom, Pierce Hand, (Bryan Cave LLP), Atlanta, Letitia McDonald, Lohr Beck-Kemp, (King & Spalding), Atlanta, Robert Reeves, Thomas Tate, Jaletta Smith, (Andersen Tate & Carr, P.C.), Duluth, for appellant.
    for defendant: Julie Jacobs, William Banks, Christopher Carr, (Attorney General), Atlanta, Gerald Davidso, (Mahaffey Pickens Tucker, LLP), Lawrenceville, James Manley, Jill Kuhn, William Withrow, Kathleen Campbell, (Troutman Sanders LLP), Atlanta, Whitney Groff, (Georgia Office of the Attorney General), Atlanta, for appellee.
    Case Number: A19A2190

    Trust Beneficiaries Could Seek to Modify Trust Without Having to Demonstrate Good Cause or Misconduct by Trustees

  • In Re Estate of Sean Timothy O'Connell

    Publication Date: 2020-04-21
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: J. Levy, (Fine and Block Attorneys), Atlanta, for appellant.
    for defendant: Michael Higgins, (Higgins & Dubner), Atlanta, Steven Dubner, (Deming, Parker, Hoffman, Campbell & Daly, LLC), Atlanta, Lacey Briasco, (The Law Firm of Caryn S. Fennell PC), Woodstock, for appellee.
    Case Number: A19A2254

    Probate Court Properly Found That Appellant and Decedent Were Not Legally Married or in a Common-Law Marriage; Appellant Was Not Decedent's Surviving Spouse

  • In Re Estate of Louise Ray Burkhalter

    Publication Date: 2020-04-15
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: James Davis, (Attorney at Law), Macon, for appellant.
    for defendant: Jenny Walker, Stuart Walker, Amy Fletcher, (Martin Snow, LLP), Macon, for appellee.
    Case Number: A19A2056

    Parties Objecting to Probate Proceeding Could Petition For Accounting or Removal of Executor Without Violating No-Contest Clause

  • O'Callaghan v. Samples

    Publication Date: 2020-04-03
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Kathy O'Callaghan, Rome, for appellant.
    for defendant: William Marion, (Attorney at Law), Rome, for appellee.
    Case Number: A20A0494

    Court affirms petition for probate of will over challenge to decedent's testamentary capacity

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    Texas Legal Malpractice & Lawyer Discipline 2024

    Authors: Charles F. Herring, JR, Jason M. Panzer, Leah Turner

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  • Wilbur et al. v. Floyd

    Publication Date: 2020-02-25
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: John Hadden, (The Hadden Law Firm, LLC), Atlanta, F. Moffett, (Moffett Law Firm, P.C.), Atlanta, for appellant.
    for defendant: Jerry Landers, (Attorney at Law), Marietta, for appellee.
    Case Number: A19A2321

    Court reverses summary order on probating a will and remands case for proceedings on whether a will was properly attested

  • Demott, as Executor of the Estate of Richard Erman Demott et al. v. Demott

    Publication Date: 2019-12-18
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McMillian
    Attorneys: For plaintiff: Kyle Swann, (Whelchel & Carlton, LLP), Thomasville, for appellant.
    for defendant: John Donsbach, (Donsbach Law Group, LLC), Martinez, for appellee.
    Case Number: A19A1488

    Parol Evidence Is Necessary to Resolve Ambiguity in Will Regarding Conditions Placed on Life Estate

  • Bates v. Howell

    Publication Date: 2019-12-16
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Andrew Flake, Jennifer Shelfer, (Arnall Golden Gregory LLP), Atlanta, for appellant.
    for defendant: Daniel Diffley, (Alston & Bird, LLP), Atlanta, Kevin Moore, (Attorney at Law), Atlanta, for appellee.
    Case Number: A19A0881

    Prospective estate beneficiary was liable for damages after wrongfully restrained a trustee's actions with an improper temporary restraining order

  • Peterson et al. v. Peterson et al.

    Publication Date: 2019-12-06
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Coomer
    Attorneys: For plaintiff: Rosemary Armstrong, (Armstrong Nix, P.C.), Atlanta, Joseph Burton, (Mozley Finlayson & Loggins LLP), Atlanta, for appellant.
    for defendant: R. Russell, (Russell & Russell, PC.), Clayton, George Rountree, (Brown Rountree & Stewart PC), Statesboro, for appellee.
    Case Number: A19A1428

    Trustee Not Free to Ignore Fiduciary Duties on Ground She Was Also Beneficiary Under Same Trust Instrument

  • Waldon et al. v. Alger et al.

    Publication Date: 2019-12-02
    Practice Area: Civil Procedure | Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Joseph Willard, (Attorney at Law), Rossville, for appellant.
    for defendant: Bobby Cook, (Cook & Connelly), Summerville, William Cunningham, (Attorney at Law), Lafayette, Joshua Weiss, (Cavett, Abbott & Weiss, PLLC), Chattanooga, for appellee.
    Case Number: A19A0869

    In litigation involving three Florida trusts, court affirms in part and reverses in part dismissal of trust grantor complaint for injunctive relief and damages