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  • In Re The Estate of Jeffcoat

    Publication Date: 2021-12-10
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Eleisha Pate, Riverdale, for appellant.
    for defendant: Shauna Jeffcoat, Riverdale, for appellee.
    Case Number: A21A1569

    Court affirms probate court order appointing a county administrator as estate executor rather than the individual executor named in the decedent's will

  • Spillers v. Brinson et al.

    Publication Date: 2021-12-03
    Practice Area: Evidence | Trusts and Estates
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Charles Cox, (Charles E. Cox, Jr., LLC), Macon, Jerry Lumley, (Lumley and Harper, LLC.), Macon, for appellant.
    for defendant: Robert Lawson, Robert Tuggle, (Daniel, Lawson, Tuggle & Jerles, LLP), Perry, for appellee.
    Case Number: A21A0837

    Court affirms denial of summary judgment motion where lay opinion testimony established an issue of material fact as to the authenticity of an insurance beneficiary form

  • Kawanna Brown as the Administrator of The Estate of Jeronta Brown, Deceased et al. v. Quiggley et al.

    Publication Date: 2021-09-27
    Practice Area: Civil Appeals | Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Harry Daniels, (Daniels and Cauble, P.C.), Newnan, for appellant.
    for defendant: Laura Johnson, (Chief Assistant County Attorney Dekalb County Law Department), Decatur, Dennis Lovell, Jay O'Brien, (Carlock, Copeland, Semler & Stair, LLP), Atlanta, Rebecca Dobras, (Attorney at Law), Decatur, Ellen Abt, (Kendall Law Group, LLC), Douglasville, for appellee.
    Case Number: A21A1150

    Court affirms dismissal of an estate's appeal where the estate unreasonably and inexcusably failed to file a transcript of trial court proceedings for more than two years

  • In Re Estate of Mary Elese Reece

    Publication Date: 2021-08-09
    Practice Area: Civil Appeals | Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: William Neel, (Neel Law Firm), Cartersville, for appellant.
    for defendant: Brian Smith, (Moore, Ingram, Johnson & Steele), Marietta, James Henson, Chattanooga, Catherine Farrell, Estate of Jack C. Henson, Powder Springs, Connie Petty, Calhoun, Sherrie Nalbandian, Kennesaw, Linda Baggett, Mableton, Raymond Henson, Estate of Jack C. Henson, Douglasville, Stanley Henson, Rome, Donna Bradshaw, Adairsville, for appellee.
    Case Number: A21A0513

    Court dismisses Estate's appeal over an order denying attorney fee payments because it has no jurisdiction to consider that appeal

  • Antley at al. v. Small et al.

    Publication Date: 2021-08-02
    Practice Area: Civil Procedure | Trusts and Estates
    Industry: Legal Services
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: John Floyd, John Rains, (Bondurant, Mixson & Elmore LLP), Atlanta, Jane Vincent, (Attorney at Law), Atlanta, for appellant.
    for defendant: Craig Gillen, Anthony Lake, (Gillen Withers & Lake, LLC), Atlanta, F. Hallman, Richard Wingate, (Hallman & Wingate, LLC), Marietta, Gus Small, (Small Herrin, LLP), Atlanta, for appellee.
    Case Number: A21A0223

    Court variously affirms and reverses trial court's orders on tolling of statute of limitations in a lawsuit against attorneys for former trustees charged with fraud

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

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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