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Fiduciary Litigation / Probate and Estate Litigation


Family members frequently have reason to believe that a parent or other relative who suffers from dementia or other diminished capacity is not being cared for properly, or is being taken advantage of financially by another person. An experienced attorney can help correct tragic situations like these.

Other times, family members or outsiders conspire to cheat an individual out of an inheritance. That individual may be surprised to learn after the death of a spouse, parent, or other loved one that the deceased purportedly executed a new will, sometimes shortly before his or her death. The new will may dramatically alter a long-standing estate plan that had provided for the spouse or children - but now abruptly excludes them in favor of a virtual stranger.

Attorney Bridget James, Of Counsel to The Maxim Law Firm, has years of representing clients involved in disputes like these. Her extensive experience in fiduciary or probate litigation includes:

  • Will contests: Contesting a bogus will that was procured by fraud or undue influence, or that was prepared while the testator lacked capacity to execute a will, or when a will fails to comply with the formalities of Georgia law.
  • Defending will contests: Offering valid wills for probate and defending against any spurious claims that the will should not be admitted to probate.
  • Guardianships and conservatorships: 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.
  • Trustee disputes: Defending trustees wrongfully accused of trust mismanagement, or bringing claims against trustees who are not complying with their fiduciary duties.
  • Will construction cases: At times, wills are not drafted so that all provisions are clear and unambiguous, leading to serious questions about the testator's intent. The appropriate court can construe the terms of a will, offering direction and protection for the executor or administrator.
  • Breach of fiduciary duty cases: Holding fiduciaries accountable for their misconduct and recovering damages for breaches of fiduciary duty, or conversely, defending fiduciaries who have been unfairly accused of breaching their duties.

Conversion cases: Civil claims to redress property that has been stolen.

Estate and probate disputes typically involve complex emotional dynamics among siblings, stepfamily members, in-laws, caretakers, friends of the family, or other family (or second family) members. Ms. James understands these emotions and effectively guides her clients through the legal process and to the desired legal outcome. Bridget James also has significant experience in mediating and resolving probate and estate disputes prior to trial, saving substantial expense for her clients.

Bridget James has served as lead or sole trial counsel in fiduciary cases, and she is well-prepared to take cases to trial and through the appellate process.

For a consultation, please contact Bridget James at: (404)450-0440

The Maxim Law Firm, P.C. is a Georgia complex litigation firm that represents clients throughout the greater Atlanta metro, including Buckhead, Sandy Springs, Decatur, Roswell, Marietta, Alpharetta, Stone Mountain, Lawrenceville, Vinings, Smyrna, Cumming, Duluth, Conyers, Covington, Stockbridge, Lithonia and Douglasville, and in the following counties: Fulton County, Dekalb County, Gwinnett County, Cobb County, Henry County, Cherokee County, Forsyth County, Clayton County, Fayette County, Hall County and Rockdale County.