Robert T. Prior
Probate is the legal process by which a person’s debts are paid and assets owned by the decedent are distributed upon death. When a deceased person’s Last Will and Testament is offered for probate, there are many requirements placed upon the probate process by Georgia law. Creditors and heirs are all accorded various rights, privileges and limitations that must be strictly followed. The Will itself is available for review, and not everyone involved may be satisfied with the results when the provisions of the Will are read in conjunction with the legal mandates
We understand that while clients are best served by first attempting to negotiate an honest, fair and prompt resolution to a dispute, it often becomes necessary for an estate attorney to litigate in order to preserve and protect a family member’s personal rights and assets or a client’s inheritance.
There are several grounds for contesting an individual’s Will, including:
In addition to Will contests, probate litigation can involve:
If you are faced with questions about what to do after the death of a loved one, we can help. Our law firm will be able to go over the proper procedures with you and discuss your options. To set up a consultation with Mr. Daniel about probate issues, call 706-543-0002.
Fees:Mr. Daniel recognizes that many individuals in a probate dispute cannot handle the expense of litigation. Mr. Daniel works with each client to establish a flexible fee approach which will allow them to protect their rights.
Attorney Referrals:Estate, guardianship, and trust litigation are developing areas of the law The large elderly population has created a hotbed for abuse and subsequent litigation. Because probate, guardianship, and trust work generally do not involve litigation, most practitioners in those areas are reluctant – and wisely so — to litigate an issue themselves. Litigation is full of pitfalls that make it a hazard for attorneys who do not specialize. Our most frequent attorney referrals come from estate planning and probate practitioners who correctly identify an issue while planning or administering an estate and realize that litigation may become necessary. If you are an attorney and have identified an issue and would like to discuss it further before recommending litigation to your client, please call our firm to discuss the matter. We co-counsel cases throughout the State of Georgia.
MICHAEL C. DANIEL received his JD degree from the University of Georgia Law School in December of 1983. He was admitted to the Georgia Bar in 1984 and is a member of the Business Law, Health Law Labor & Employment Law and School & College Law Labor Sections of the State Bar of Georgia.