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  • Matabane v. Whatley

    Publication Date: 2022-06-21
    Practice Area: Trusts and Estates
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Alonzo Nelson, (Attorney at Law), Atlanta, for appellant.
    for defendant: Lynn Whatley, (Whatley & Associates, PC), East Point, for appellee.
    Case Number: A22A0152

    Court vacates dismissal order of a party's action for a partition of inherited property and remands for consideration of that party's request for a partition-in-kind

  • Morse et al. v. Suntrust Bank, N.A. et al.

    Publication Date: 2022-06-13
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: William Sheppard, (Weinberg Wheeler Hudgins Gunn & Dial LLC), Atlanta, Michael Terry, (Bondurant Mixson & Elmore), Atlanta, for appellant.
    for defendant: John Sugg, (Davis Matthews & Quigley PC), Atlanta, Thomas Cauthorn, (Cauthorn Nohr & Owen), Marietta, Justin O'Dell, Leslee Hungerford, Nicholas Booth, (O'Dell & O'Neal), Marietta, Roy Paul, (Meyer & Sayers, LLP), Savannah, W. Settle, (Thomas & Settle), Waycross, Clay O'Daniel, Keith O'Daniel, (O'Daniel McDonald, LLC), Atlanta, for appellee.
    Case Number: A22A0200

    Court concludes that adopted adults are proper beneficiaries of a Will that established trusts for grandchildren of its beneficiaries

  • The Coastal Bank v. Rawlins et al.

    Publication Date: 2022-05-02
    Practice Area: Trusts and Estates
    Industry: Financial Services and Banking
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Glen Darbyshire, Andrew Dekle, (Bouhan Falligant), Savannah, for appellant.
    for defendant: Brent Savage, (Savage Turner & Pinckney PC), Savannah, Brent Savage, (Attorney at Law), Savannah, for appellee.
    Case Number: A22A0286

    Court affirms denial of a bank's motion for attorney's fees and costs in a matter over disputed payments, finding that the bank did not make a good faith settlement offer

  • Somani et al. v. Cannon et al.

    Publication Date: 2022-04-28
    Practice Area: Civil Procedure | Trusts and Estates | Wrongful Death
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: John Blair, Austin Hammock, (Levy Sibley Foreman & Spier LLC), Columbus, for appellant.
    for defendant: Stephen Carter, Kimberly Higginbotham, (The Gordon Law Firm, Attorneys at Law, LLC), Hartwell, for appellee.
    Case Number: A22A0536

    Minor's Wrongful Death Claims Were Not Time-Barred Following Earlier Law Suits

  • Willis v. Cheeley

    Publication Date: 2022-04-13
    Practice Area: Civil Procedure | Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Craig Frankel, Adam Gaslowitz, Luke Caselman, (Gaslowitz Frankel LLC), Atlanta, for appellant.
    for defendant: Walter Hamberg, (The Hamberg Law Firm LLC), Atlanta, for appellee.
    Case Number: A21A1730

    Action Not Justiciable Where Resolution of Dispute Would Have No Legal Effect on Parties' Conduct

  • Law Journal Press | Digital Book

    New Jersey Estate Litigation 2014

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

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  • Bethune v. Bethune

    Publication Date: 2022-04-08
    Practice Area: Civil Procedure | Trusts and Estates
    Industry: Financial Services and Banking | Legal Services
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Dwight Feemster, (Duffy & Feemster, LLC), Savannah, for appellant.
    for defendant: James Gerard, Robert Lingle, (Oliver Maner LLP), Savannah, for appellee.
    Case Number: A21A1659

    Banking Records Predating Effective Date of Power Attorney Were Relevant In Action Challenging Agent's Conduct

  • In Re the Estate of Elinor J. Ferrell

    Publication Date: 2022-03-30
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Deborah Haughton, (Haughton Law, LLC), Marietta, for appellant.
    for defendant: Jerry Ferrell, College Park, Larry Ferrell, Atlanta, Harold Ferrell, College Park, James Greason, (Attorney at Law), Stone Mountain, for appellee.
    Case Number: A21A1361

    Court reverses denial of motion for attorney fees from individuals who filed a caveat to the probate of a will where those individuals failed to show evidence for their caveat

  • Daniel v. Daniel

    Publication Date: 2022-03-29
    Practice Area: Civil Procedure | Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Samuel Rusbridge, (Dyer & Rusbridge, P.C.), Canton, for appellant.
    for defendant: John Burns, (Burns Law Group, PC), Canton, for appellee.
    Case Number: A22A0164

    Contempt Cannot Be Used as Punishment For Failure to Pay Court Order to Pay Money Damages

  • In Re the Estate of Joyce Marie Plybon, Deceased

    Publication Date: 2022-03-18
    Practice Area: Trusts and Estates
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Jason Graham, (Graham Legal, LLC), Atlanta, Robert Kozloski, (Parks Chesin & Walbert, P.C.), Atlanta, for appellant.
    for defendant: Robert Hughes, Robert Stuckey, (Robert W. Hughes & Associates, P.C.), Lawrenceville, for appellee.
    Case Number: A21A1740

    Probate Court Had Jurisdiction to Construe and Enforce Consent Order Between Heirs to Decedent's Estate

  • In Re Estate of Curvan

    Publication Date: 2022-03-11
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Kevin O'Sullivan, (Cohen Pollock Merlin Turner P.C.), Atlanta, for appellant.
    for defendant: Sharon Lavant, Stockbridge, for appellee; Allen Bodiford, (Attorney at Law), Stockbridge, for other party.
    Case Number: A21A1435

    Court reverses probate court's summary judgment order ruling on a decedent's last will because of factual issues raised by existence of a second will