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  • Lawson v. Weidman

    Publication Date: 2023-12-18
    Practice Area: Trusts and Estates
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Fuller
    Attorneys: For plaintiff: Iasiah Jones, (Jones Legal Practice, LLC), Lawrenceville, for appellant.
    for defendant: Albert Myers, (Albert A. Myers III PC), Conyers, for appellee.
    Case Number: A23A1259

    Court dismisses part of appeal to a temporary injunction to the extent it related to property and affirms a trial court ruling that set aside a quitclaim deed to that property

  • Felts et al. v. Thaxton

    Publication Date: 2023-11-30
    Practice Area: Trusts and Estates
    Industry: Financial Services and Banking
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Robert Huestis, Amy BeMent, (Blasingame Burch Garrard & Ashley, PC), Athens, for appellant.
    for defendant: Thomas Camp, (Attorney at Law), Athens, Susanne Burton, Lexington, for appellee.
    Case Number: A23A0662

    Court affirms in part and reverses in part a directed verdict against a party's challenge to an annuity beneficiary change, finding that the jury should evaluate an undue influence claim

  • In re Bruni

    Publication Date: 2023-11-14
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Allen Meadors, (Allen Meadors Practitioners), Atlanta, James Morton, (Attorney at Law), Atlanta,for appellant.
    for defendant: Robert Carlson, Harry MacDougald, Lauren Miller, (Caldwell, Carlson, Elliott & DeLoach LLP), Atlanta, for appellee; Mercedes Murrell, (Attorney at Law), Atlanta, for other party.
    Case Number: A23A1099

    Court dismisses appeal to conservatorship orders because it lacked jurisdiction, given that the orders were not final and proceedings remained pending. In the probate court

  • In re Estate of Marvin Mobley, Jr., Deceased

    Publication Date: 2023-10-18
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Watkins
    Attorneys: For plaintiff: Wesley Taulbee, (Clay Taulbee & Myers, LLC), Statesboro, for appellant.
    for defendant: Nancy DeVetter, (DeVetter Law Firm), Tybee Island, for appellee; Julianne Glisson, (Weiner Shearhouse Weitz Greenberg & Shawe LLP), Savannah, Joshua Mobley, Alexandria, Kiondra Mobley, Yigo, Marion Mobley, Savannah, for other party.
    Case Number: A23A0827

    Court affirms probate court order that two adult children did not prove by clear and convincing evidence that a decedent who died intestate was their father

  • In re Estate of T. M. N., a Child

    Publication Date: 2023-10-16
    Practice Area: Family Law | Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: John Donsbach, (Donsbach Law Group, LLC), Martinez, for appellant.
    for defendant: Carrie Markham, (Rosenzweig, Jones, Horne & Griffis, P.C.), Newnan, Danielle McRae, (Upson Probate Judge), Thomaston, LeAnne Gilbert, (Gaslowitz Frankel LLC), Atlanta, Timothy King, (Hodges, McEachern & King), Peachtree City, for AM.
    Case Number: A23A1581

    Court reverses a probate court order that had restricted a mother, who was also a child's conservator, from using estate income to pay for the child's expenses

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    Authors: Gary L. Brown

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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