Estate Litigation

Caldwell & Watson, LLP provides representation in estate related litigation matters such as:

• Will Contests
• Probate of Wills
• Undue Influence and Lack of Capacity Claims
• Breach of Fiduciary Duty Claims in an Estate or Trust
• Fraud in an Estate or Trust
  
  

Generally Georgia law requires that executors of wills and trustees of trusts exercise a duty of utmost good faith and loyalty to the beneficiaries of an estate or trust. The consequences of breaching this duty can be severe, and can include compensatory damages, the award of attorney's fees, and punitive damages.

Where substantial sums of money are involved or where conflict in the family is high, or both, disputes often arise that can only be resolved through litigation. Sometimes the dispute will be between beneficiaries and a corporate fiduciary, such as a bank, or other professional responsible for administering or distributing the estate or trust. Our firm focuses on representing parties to these disputes, including those who bring the claims and those who defend them.

Most lawyers who practice in the area of estates and trusts, one of the law's most technical and complex areas, prefer to serve as estate planners and advisors. Many do not handle disputed matters at all and feel uncomfortable in the courtroom. Since we focus on litigation and trial practice, we bring a trial lawyer's perspective and skills to the resolution of these disputes. Over the years, we have been privileged to represent members of many families in litigation involving estates and trusts of all sizes.