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604 Green Street, N.E., Suite 3 | Gainesville, Georgia 30501
Free Consultation for Selective Matters 470-208-2423
Probate Litigation

Experienced Georgia Attorney Litigates Probate Disputes

Dedicated lawyer represents clients in the Gainesville area during inheritance conflicts

David A. Powell advocates on behalf of clients in the Gainesville area and throughout Georgia who want to ensure that property and wealth are handled in accordance with the desires and instructions of the deceased. If you suspect that a will is fraudulent or invalid, or that an estate is being mismanaged, you have a right to seek remedy in court. Similarly, estate administrators facing accusations of incompetence or unlawful conduct are entitled to vigorously defend themselves. I represent beneficiaries and executors in estate litigation, seeking favorable resolutions to disputes.

Informed Georgia attorney guides clients through will challenges

There are several bases for challenging a will. Whether you are alleging misconduct or accused of it, it is important to understand the legal reasons a will may be challenged:

  • Lack of capacity — This ground alleges that the testator, the person who signed the will, was not of sound mind at the time the will was created.
  • Undue influence — A will might be invalid if a person with access to and power over the testator used emotional manipulation to gain special consideration in the will.
  • Fraud — This ground alleges that the person who signed the will was deceived about the contents of the document at the time it was drawn up.
  • Void for vagueness — This ground asserts that the terms of the will are open to conflicting interpretations, and it is impossible to know which interpretation is correct. A challenger can seek to prevent all or part of the will from being implemented.

Many probate disputes stem from suspicions that a particular individual took advantage of the deceased and was included in the will to the detriment of the rightful heirs. While the court looks harshly on elder exploitation, all challenges must be supported by reliable evidence. At David A. Powell, I advise clients on their will challenges and work to resolve issues favorably.

Accomplished counselor helps with claims of executor misconduct

Executors have a fiduciary duty to manage the assets of an estate according to the decedent’s wishes, for the benefit of the beneficiaries. The fiduciary must act in total accordance with the terms of the will so that assets are not lost due to waste, fraud, misallocation or mismanagement. Beneficiaries may challenge alleged misconduct and demand a full account of a fiduciary’s actions. At David A. Powell, I have experience on both sides of probate controversies.

Contact an established Georgia probate litigation attorney

Probate conflicts can be damaging if they are not managed by experienced and knowledgeable legal counsel. David A. Powell provides capable representation for beneficiaries and fiduciaries throughout Georgia. Call 470-208-2423 or contact me online to schedule a consultation at my Gainesville office.

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Office Location
  • Gainesville Office
    604 Green Street, N.E.
    Suite 3
    Gainesville, Georgia 30501
    Phone: 470-208-2423
    Fax: 770-287-0033