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Wills; Adverse Possession |
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The Firm represented two brothers from the Chicago area who had inherited real estate located in Atlanta. The property had originally been owned by their grandfather, who had willed it to his two sons in equal shares when he died. One of the sons had maintained it and rented it out for a period of 30-years. The Atlanta brother also kept all the proceeds from the rentals. When the second brother died, he left his share of the property to his two Chicago sons. They then attemped to contact their uncle, who refused to respond. They then attempted to negotiate with his daughter, their cousin, who refused to discuss the property, claiming that the Chicago sons’ father had given his interest in the property to her father. The Firm filed suit, and discovery was conducted to determine who owned the property, and what profits the deceased Atlanta brother and his son had realized from the property. Finally, the deceased’s daughter agreed to a settlement which allowed the Firm’s Clients to retire. |
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Wills; Caveat; Sound Mind; Conflict of Interest |
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The Firm was retained on behalf of the executrix and beneficiary of a substantial estate. When she filed the testator’s Will for probate, a beneficiary of a prior Will filed a caveat, contending that the deceased had been of unsound mind when he executed the second Will. After successfully disqualifying opposing counsel for a conflict of interest, the opposing party withdrew the caveat, and the Firm’s Client received the full amount of her inheritance. |
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Guardianship; Incompetence; Collections |
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The sister of an accountant who had suffered a debilitating brain injury in a car accident was appointed as the Guardian of her brother’s estate after he became unable to manage his own affairs. When various credit card companies offered him credit, he accepted, and charged thousands of dollars to the cards. The Firm defeated the Banks’ collection claims on the grounds that he was not competent to contract. |
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Wills; Partitioning of Property; Intra-family Mediation |
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Four adult siblings had jointly inherited several thousand acres of timberland spread among some fifteen different locations, and they had differing ideas concerning the harvesting of the timber, the development of various parcels, the sale of certain mining rights, and other issues regarding the appropriate disposition of the assets of the estate. One of the sisters retained the Firm to represent her interests and to obtain her separate title and equal share of the total estate. A lawsuit to divide the properties would have resulted in unwanted publicity for the family and the public airing of confidential financial matters. After considerable discussion regarding various options available, the family was persuaded to attempt mediation in order to avoid a public proceeding. Although multiple mediation sessions were required due to the extent of the holdings and the number of parties involved, all the parcels were partitioned among the heirs to their satisfaction. |
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Libel; Slander; Defamation; Attorneys; Wills and Estates |
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The heir to an estate was unhappy with the Atlanta attorney who was representing the estate. The heir was telling people that the attorney was “dragging her feet” and otherwise not ethically and properly handling the estate and the distribution of legacies to the heir. The attorney sought assistance from the Firm to protect her reputation. The Firm filed suit against the disgruntled heir, and the settlement for the Client included a written retraction of the allegations plus damages and attorneys’ fees. |
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