Experienced Georgia Probate Litigation Attorney
Bridget Bobick James brings many years of experience to this often contentious area of law, representing individuals, families and fiduciaries in contested probate-related matters. Most people create a will or trust with the goal of making the distribution of their assets as clear and simple as possible for their beneficiaries. Unfortunately, there are many issues that can impact the probate process. When this happens, you are likely to need the counsel of a probate litigation lawyer to resolve your matter.
For a substantial part of my legal career, I have assisted many individuals and families in the metro Atlanta area and other parts of the state of Georgia in resolving a wide range of probate matters including:
- Will contests – Challenging the validity of a will offered for probate or defending the validity of a will offered for probate.
- Undue influence and lack of capacity cases – Handling matters where beneficiary designations or estate plans have been changed improperly when the testator lacks mental capacity or when his or her intentions are disregarded and dominated by the person seeking the benefit of the changes.
- Estate administration disputes – Defending executors, administrators or personal representatives – or bringing claims against executors, administrators or personal representatives – for mismanagement of the estate or failure to comply with their fiduciary duties.
- Conservatorships and guardianships of incapacitated adults or minor children – Handling contested and uncontested proceedings to establish a guardian of the person and/or a conservator of the finances of an incapacitated adult or a minor child.
- Executor and administrator disputes – Disputes concerning who should be an executor or administrator of an estate, or whether the estate is being administered on a timely and equitable basis in accordance with the terms of the will and the law.
- Will construction and interpretation issues – When a will is ambiguous or unclear, bringing claims seeking construction of the terms of a will to provide clarity for executors, administrators and beneficiaries.
- Determination of legal heirs – Resolving situations where questions arise as to who are the rightful legal heirs of a person who died without having a will or other estate plan.
- Petition to probate will – Beginning the probate process, seeking to have the will admitted to probate and an executor of the estate appointed.
Whether the case involves contesting a will, seeking the removal of an executor or any of the other above probate issues, The James Law Firm has experience in representing and guiding clients to the successful resolution of the situation. Likewise, The James Law Firm is prepared to defend cases if the validity of a will is challenged or if claims are made that an executor or administrator has failed to carry out his or her fiduciary duties. I strive to resolve disputes efficiently and, whenever possible, try to avoid further discord among the parties involved.
Representative Probate Litigation Cases
Obtained successful results in representing caveator in will contest case based on undue influence and lack of capacity of the testator and in related matter concerning alleged undue influencer’s breach of fiduciary duty in attempting to change beneficiary designation form by illicit means.
Successfully defended a challenge to client’s petition to be appointed administrator of estate by gathering of DNA evidence and expert analysis of that evidence.
Favorably resolved prior to litigation disputes among will and trust beneficiaries concerning claims that testamentary trust had not been established properly and disputes about payments made to satisfy bequest.
Sole counsel in contested five-day adult guardianship and conservatorship final hearing involving multiple expert witnesses, resulting in client being appointed as guardian and conservator.
Successfully defended will contest case against claims of undue influence and lack of capacity.