Atlanta Probate Lawyer Blog
As a Trust Litigation Lawyer in Atlanta, I have witnessed first hand that Georgia trusts can be one of the most incredibly useful investment vehicles for safeguarding assets, and protecting and benefiting trust beneficiaries. These same Georgia trusts, can be one of the most abused legal entities when incompetent or dishonest trustees negligently or intentionally mismanage trusts to the detriment of the trust beneficiaries.
Georgia trusts can be created to provide money, real property, and other assets to family members or other parties after death, or during life. Trusts can be set up in numerous fashions and for many reasons. There are many types of trusts including revocable trusts, irrevocable trusts, marital trusts, and trusts for minor children. These trusts can be used as part of an estate plan to control the distribution of assets or for tax planning purposes. A trust is a valuable part of a Georgia estate plan, but even a well-drafted Georgia Trust with the best provisions, clauses, and intentions, which are clearly and concisely defined and enumerated, can be defeated by disputes between beneficiaries and trustees.
Many of the Georgia Trusts Our Firm handles are as follows:
• Revocable Trusts • Irrevocable Trusts • Irrevocable life insurance trusts • Revocable living trusts • Long term care insurance • QTIP and QPRT trusts • Crummey trusts and other gift transfer options • Family business partnerships or asset trusts • Educational or charitable remainder trusts • Generation skipping trusts • Grantor retained trusts • Special needs trusts
In my Atlanta, Georgia Trust Litigation Law firm, I have represented many clients involved in Georgia trust disputes and litigation concerning Georgia fiduciary law lawsuits and legal actions for breach of fiduciary duty. Trustees have a fiduciary responsibility to manage trust assets appropriately and act in the best interests of the beneficiaries. Any inappropriate behavior by the trustee is in conflict with the basic fiduciary duty of that individual. In some cases, fraudulent conveyance and outright self-dealing regarding trust assets is discovered by beneficiaries and will prompt taking action for removal of the trustee. Trustees can be removed as the result of lesser negligence as well, such as in the case of mismanagement of assets, failure to provide an accurate accounting of assets, inadequate income generated by the trust or inadequate tax planning.
Many of the methods and theories we use to control trustees and protect beneficiaries are as follows:
• Demand Inventory and Accounting • Reformation of Trusts • Trust and Will Construction – Interpreting the Trust • Dissolution of the Trust Due to Trust Purpose Being Defeated • Change/Removal of Trustee • Violations of Prudent Investor Rule • Self Dealing by Trustee or Others Under Their Direction • Misappropriation of Trust Funds • Neglect of Trustee Duties/Fiduciary Duties and Responsibilities • Usurping Trust Opportunities for Personal Gain • Abuse of Trust Power • Use of Trust Power for Gain or Upper-Hand in Negotiations and/or Business Affairs • Constructive Trusts to Protect Beneficiaries
If any type of wrongdoing or negligence is suspected on the part of a trustee, it is critical you immediately seek the qualified counsel of an Atlanta, Georgia trust litigation lawyer immediately. An experienced Georgia trust lawyer will ensure that the proper conditions exist for the removal of the trustee. These conditions include breach of duty, failure or refusal to administer the trust adequately or, in the case that all beneficiaries request the removal of the trustee, that the removal supports the purpose of the trust and is in the best interest of all beneficiaries. Our Atlanta Trust Attorneys can also request the court impose a Constructive Trust on trusts assets or the fruits of the trusts assets. Thus, any monies or assets relating back to the misused trust assets are attached to the constructive trust until matters of the misuse and whereabouts of trust assets can be tracked and recouped.
If you are are beneficiary of a Georgia trust and feel that the trustee has harmed you or failed to perform the required duties as trustee, the attorneys at The Libby Law Firm will work to remove the trustee and protect your interests under the trust. Please contact us to discuss your situation today at (404) 467-8611 or you may send us a confidential message through our “Contact Us” form on our website. The Firm’s main office is conveniently located in the Buckhead section of Atlanta and we have a second office located in Marietta in Cobb County, near the intersection of Paper Mill Road and Johnson Ferry Road. You can reach us and Our Marietta Trust Litigation Lawyers at the Cobb County, Marietta office by calling (770) 952-1008.
Georgia Trust Litigation is one of Our Firm’s specialty practice areas. From our Atlanta-based Main-Office, Our Atlanta Trust Litigation Lawyers handle Georgia Trust Litigation matters all over Georgia. Some of the counties and cities where we handle Georgia Trust Litigation and Legal Proceedings, include Atlanta, Buckhead, Sandy Springs, Fulton County, Gwinnett County, Duluth, Lawrenceville, Forsyth County, Cumming, Cobb County, Marietta, Acworth, Kennesaw, DeKalb County, North Atlanta, Decatur. In these counties and cities, and other North Georgia areas, we can assist you with Georgia Breach of Fiduciary Duty Proceedings against the Trustee of your Georgia Trust because the Trust is grounded in Georgia; the Trustee is located, in Georgia, and for other reasons. Our Firm uses a variety of legal means and venues to provide you with legal relief including, mediation, arbitration, and aggressive Georgia trust litigation.
We ensure that you are prepared for discovery proceedings of opposing counsel, hearings, and a bench or jury trial. We are here to assist you.