Estate & Trust Disputes, Will Contests - Top Atlanta Law Firm

Trusts and estates create unique relationships with one person serving as a fiduciary (the person responsible for the administration of a trust or an estate) and others filling the role of a beneficiary.

Often, disputes will arise between the fiduciary and the beneficiaries, the most common reason being that the fiduciary has breached his fiduciary duty to the trust or estate or to the beneficiaries. A fiduciary duty is a duty of loyalty and is the highest duty one person can hold toward another. Trustees, executors, administrators and attorneys-in-fact (i.e., powers of attorney) are types of fiduciaries.

A claim for breach of fiduciary duty arises in a multitude of ways. The most common claim is based on a fiduciary’s use of trust or estate funds for his own benefit. Other claims include failure to abide by the provisions of a trust or Will, or biased treatment in favor of some beneficiaries over others. Sometimes such claims are legitimate. Sometimes they are not.

We represent both fiduciaries and beneficiaries in trust and estate disputes. The dispute process is similar to other civil litigation and includes discovery, motions, hearings and, if necessary, jury trials. Typically, it will also include in-depth analysis of estate accounts and the management of other assets. Our team excels at taking in a case, obtaining relevant discovery, and performing an analysis to determine what, if anything, has gone wrong, and who may be liable for the wrongdoing. In most cases, we use our findings during discovery to convince the opposing party to settle the matter amicably and in a manner favorable to our client. If the parties will not settle, we are experienced litigators who take those same findings and present effective and persuasive arguments in court that support our client’s position.

We also represent various parties in Will contests, which typically turn on the allegation that the deceased was not competent or was unduly influenced to sign a Will. These types of cases are fact intensive and require a trained eye to spot the issues, identify the relevant facts and construct persuasive arguments that apply the facts to the law. We are highly experienced in both attacking and defending Wills; all of our licensed attorneys have been involved in representing clients in Will Contests and other Estate & Trust Disputes, including those that involve Prenuptial Agreements, Disputes & Postnuptial Adjustments.

When considering whether to take on a case, we look at all the facts given to us and we provide candid counsel to our clients regarding the strength of their case. As a result, we have a high success rate of favorable settlements and favorable court outcomes. When one receives a favorable outcome, there is much left to be done to properly administer the estate. (See Probate & Estate Administration)

Our attorneys are licensed in Georgia, Florida and Pennsylvania. Jacquelyn “Jackie” Saylor is a long-time member of the Litigation Section and an officer of the Estate Planning and Probate Section of the Atlanta Bar Association. C. Murray Saylor, Jr., Linda Muir, Ed Rappaport, and Kasey Libby are members of the Estate Planning & Probate Section which regularly presents programs on Estate & Trust Disputes and Will Contests. Murray Saylor was the Chair of the Estate Planning Section of the American Academy of Attorney/CPAs. He is an attorney/CPA with an advanced degree in accounting who was head of a national CPA tax practice. Furthermore, both Murray and Jackie volunteer for the Probate Information Center (PIC) in Fulton and DeKalb Counties.

Jackie and Murray Saylor have written articles for The Mortmain, the official magazine of the Estate Planning and Probate Section. Jackie serves on the Editorial board of The Mortmain. Jackie Saylor was co-editor and co-author of Women and the Law: A Guide to Women’s Legal Rights in Georgia; she wrote the chapters on “Power of Attorney,” “Living Wills” and “Durable Power of Attorney” and she co-wrote the chapters on “Wills, Trusts and Starting Your Own Business” with Murray Saylor. Murray Saylor has also written articles for the American Association of Attorney/CPA magazine and The Atlanta Lawyer.

Ed Rappaport has written an article for the Estate Planning Magazine about Estate Planning and he has written about planned giving for healthcare professionals in Financial Planning for Physicians and Healthcare Professionals. Ed also has given presentations about Estate Planning issues at the North American Law Summit on Tax and Legal Considerations for Professional Athletes and at a lecture to the Sports and Entertainment Section of State Bar of Georgia. Linda Muir has written an article in the Georgia Bar Journal, as well as multiple articles in Paisley Magazine about Estate Planning issues. James Killough has written an article about Wills, Trusts, Estate Planning and Probate Practice in The Brunswick News.

Jackie and Murray Saylor have given presentations on Estate Planning, Wills and Trusts and Income Tax Planning for the State Bar of Georgia and the Atlanta Bar Association and the West Georgia Health Foundation Planned Giving Seminar for planned giving professionals. Additionally, Jackie and Murray have appeared on local television advising people on Estate Planning issues.

The attorneys at The Saylor Law Firm LLP have won numerous accolades for their legal work dealing with Estates & Trusts. Jackie and Murray Saylor have been given Georgia’s Top Rated Lawyers Award in Estate Planning by Martindale-Hubbell from 2012-2016. Jackie and Murray have also been given Georgia Trend’s Legal Elite, the Best Lawyers in Taxes, Estates & Trust Category. Both attorneys have won the Georgia Super Lawyers designation for Estate Planning & Probate. Additionally, Jackie has been honored as a Top 50 Women Lawyer in Georgia by Georgia Super Lawyers.