Disputes involving estates often catch families off guard. Emotions run high, and the reasons behind the issues vary. Some are driven by surprise, such as unexpected changes to a will. Others stem from deeper concerns, like whether the person creating the estate was mentally capable, or whether someone close exerted undue influence.

Here are common triggers for estate litigation:

- Sudden or suspicious changes to a will or trust

- Doubts about the mental capacity of the deceased at the time of signing

- Feeling excluded or treated unfairly under the estate plan

- Accusations of coercion or manipulation

- Disagreements over asset management or distribution

- Allegations that an executor or trustee is failing in their responsibilities

Often, what begins as a simple miscommunication can grow into a serious dispute. Estates are more than financial mattersl; they involve emotional ties, family relationships, and long histories. These elements can intensify disagreements and delay resolution.

What Happens During an Estate Litigation Case

Estate litigation is driven by legal analysis, document review, and evidence gathering. It starts with examining the relevant documents: wills, trusts, or powers of attorney. From there, distinctive legal concerns shape the proceedings based on the nature of the dispute.

Some of the key matters that may arise include:

- Verifying the legal validity of a will or trust in Georgia

- Investigating claims of fraud, intimidation, or cognitive decline

- Scrutinizing the behavior of executors and trustees

- Resolving conflicts between beneficiaries or potential heirs

For example, if someone claims the deceased was unable to understand what they were signing, testimony and medical records may be submitted to support or oppose that claim. Ultimately, every estate litigation case is unique. The courts aim to interpret the documents and intentions fairly and in accordance with Georgia law.

The Role of Executors, Trustees, and Beneficiaries

Disputes often place attention on the individuals in charge of overseeing the estate. Executors manage a will, while trustees manage a trust. Both carry significant responsibilities. If they act outside the law or appear to favor one party, they may be challenged.

Executors and trustees are expected to:

- Act in the best interests of all beneficiaries

- Manage assets with transparency and fairness

- Fulfill duties set forth in legal documents

- Avoid making decisions that benefit themselves at the expense of others

Beneficiaries are those named to receive property or value from the estate. If they feel excluded or that information is being withheld, they have the right to ask questions and investigate further. Family dynamics can amplify even minor concerns, leading to more serious legal action.