• In re Estate of Toonkeo Flournoy, Deceased.

    Publication Date: 2024-11-12
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Padgett
    Attorneys: For plaintiff: Leland Kynes, (Webb Deniel Friedlander LLP), Atlanta, for appellant.
    for defendant: Robert Trammell, (Trammell Sams, LLC), Luthersville, Sandy Vongdasy, Moreland, for appellee.

    Case Number: A24A0702

    Court reverses a jury verdict in an estate dispute involving allegations of fraud and undue influence due to improper jury instruction, and remands for a new trial

  • Estate of Butler v. Patterson et al.

    Publication Date: 2024-10-22
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Jeffrey Dean, (Morris & Dean), Dalton, for appellant.
    for defendant: Mitchell Snyder, Azurae Orie, (The Minor Firm), Dalton, for appellee.

    Case Number: A24A0986

    Court reverses summary judgment in a case alleging fraud and breach of fiduciary duty, finding genuine issues of material fact regarding undue influence

  • Baker v. Cuthbertson

    Publication Date: 2024-10-10
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Leslee Hungerford, (O’Dell & O’Neal Attorneys), Marietta, for appellant.
    for defendant: Warner Hodges, Cumming, for appellee.

    Case Number: A24A1098

    Court affirms jury verdict and punitive damages in favor of estate executor against deceased party's partner for fraud and breach of fiduciary duty

  • William J. Weathers, II et al. v. Robert L. Weathers, Jr.

    Publication Date: 2024-08-26
    Practice Area: Dispute Resolution | Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Michael King, (Greenberg Traurig, LLP), Atlanta, for appellant.
    for defendant: Gerald Davidson, (Mahaffey Pickens Tucker, LLP), Lawrenceville; Warren Wills, (Law Offices of Warren W. Wills, Jr.), Atlanta, for appellee.

    Case Number: A24A0608

    Court affirms vacatur of arbitration award in an inheritance dispute due to arbitrator's imperfect execution of authority in resolving issues over the inheritance

  • In re: Estate of Lillian Knight, Deceased

    Publication Date: 2024-08-08
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Joseph Key, (J. Scott Key, LLC), Madison, Larry Overman, (Overman & Overman LLC), Fayetteville, Kelly Freyer, Atlanta, for appellant.
    for defendant: Michael Sumner, (Sumner/Meeker, LLC), Newnan, for appellant; David Ballard, (Ballard Law Office, LLC), Fayetteville, Robert Ruppenthal, (Robert A. Ruppenthal, P.C.), Fayetteville, for other party.

    Case Number: A24A0288

    Court reverses probate court decision that funds in joint accounts were estate assets in an estate dispute due to lack of clear and convincing evidence of intent of testator

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  • Creamer et al. v. Manley

    Publication Date: 2024-04-24
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: C. Adams, Jared Roberts, (Attorney at Law), Douglas, for appellant.
    for defendant: Timothy Tanner, (Attorney at Law), Valdosta, for appellee.

    Case Number: A24A0111

    Court confirms validity of will and rejects caveators' claims of testator's lack of testamentary capacity and undue influence by named beneficiary

  • Glass et al. v. Faircloth et al.

    Publication Date: 2024-04-11
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Letitia McDonald, Lohr Beck-Kemp, Peter Diaz, (King & Spalding LLP), Atlanta, Robert Reeves, Thomas Tate, Robert Thomas, Dana Lohrberg, (Andersen, Tate & Car, P.C.), Duluth, Nathan Hovey, (Georgia Department of Law), Atlanta, Mandi Goodman, Atlanta, for appellant.
    for defendant: Gerald Davidson, (Mahaffey Pickens Tucker, LLP), Lawrenceville, J. Randolph Evans, Derek Centola, (Squire Patton Boggs), Atlanta, James Lamberth, (Troutman Pepper Hamilton Sanders LLP), Atlanta, Dara Mann, (Squire Patton Boggs LLP), Atlanta, James Manley, Jill Kuhn, (Troutman Sanders LLP), Atlanta, Zachary Johnson, (Georgia Department of Law), Atlanta, Charli Davis, Atlanta, for appellee.

    Case Number: A23A1402

    Court reverses injunction for former trustees' legal fees in Trust dispute, and affirms that no reimbursement of fees paid to former trustees is required

  • In re Estate of Anne Smith Florance, Deceased

    Publication Date: 2024-03-21
    Practice Area: Civil Procedure | Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Fuller
    Attorneys: For plaintiff: Andrew Flake, Jennifer Shelfer, (Arnall Golden Gregory LLP), Atlanta, for appellant.
    for defendant: Daniel Diffley, Marguerite Miller, (Alston & Bird, LLP), Atlanta, Valerie Mincey, Chipley, Desiree Polmear, Tampa, Melanie Allen, Panama City, for appellee.

    Case Number: A23A1491

    Court reverses trial court decision that had denied a motion to reject a niece's standing to contest a will, finding that she had no pecuniary interest in the decedent's estate and therefore had no standing

  • In re Bessie Mae Blake.

    Publication Date: 2024-03-15
    Practice Area: Elder Law | Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Lester Johnson, (Attorney at Law), Savannah, for appellant.
    for defendant: Nancy DeVetter, (DeVetter Law Firm), Tybee Island, Mara Block, (DeVetter Law Firm), Savannah, for appellee.

    Case Number: A23A1397

    Court vacates order on conservator's breach of fiduciary duties and remands for determination of appointment of personal representative and potential guardian-ad-litem for decedent's estate

  • Davis v. The Estate of James Leslie McClain III

    Publication Date: 2023-12-19
    Practice Area: Trusts and Estates
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Fuller
    Attorneys: For plaintiff: Brian Patterson, (The Law Office of Brian V. Patterson, LLC), Athens, for appellant.
    for defendant: Kevin Epps, Tyler Gaines, (Epps, Holloway, DeLoach & Hoipkemier LLC), Watkinsville, for appellee.

    Case Number: A23A1222

    Court affirms summary judgment in dispute over a will provision, finding that the will created a tenancy in common because it did not use the requisite language to create a joint tenancy