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Probate & Trust Litigation
When a will or trust does not say what the family expected, the fight is about capacity, influence, and fiduciary conduct, and the deadlines to act are short.
The Approach
Protecting what the decedent actually intended.
Will contests turn on a few recurring questions: did the testator have capacity, was there undue influence by someone positioned to benefit, and was the document properly executed? The evidence is medical records, drafting-lawyer files, and the story of who controlled access in the final years. We build that record quickly, because Georgia probate deadlines for filing a caveat are measured in days from notice, not months.
Fiduciary litigation is the other half of the practice: executors and trustees who will not account, self-dealing, assets that moved before death, and Georgia’s year’s support procedure for surviving spouses and minor children. Beneficiaries have enforceable rights to information and accountings, and courts will remove and surcharge fiduciaries who abuse the role.
These cases live inside families, which is why resolution matters as much as leverage. Where a mediated settlement can preserve both the estate and the relationships, we say so. Where it cannot, we try the case.
What we handle
Estate and trust disputes we handle.
- Will contestsCapacity, undue influence, and execution challenges, and their defense.
- Trust disputesModification, termination, and breach claims against trustees.
- Fiduciary removal & surchargeHolding executors and trustees accountable for the estate’s losses.
- Contested accountingsForcing the numbers into the open, and challenging them when they arrive.
- Year’s support petitionsGeorgia’s protection for surviving spouses and minor children, pursued and defended.
- Guardianship disputesContested guardianships and conservatorships over family members.
Questions
Before you call.
What are the grounds to contest a will?
The main ones are lack of testamentary capacity, undue influence, improper execution, and fraud. Suspicion is not enough; the case is built from medical records, witnesses, and the circumstances of the signing.
How long do I have to act?
Very little time once probate proceedings start. After notice of a petition, the window to file a caveat is short, and missing it can end the challenge before it begins. Treat the first court mailing as the deadline it is.
Will this destroy the family?
It does not have to. Many of these cases resolve in mediation, where the estate is divided by agreement instead of verdict. We prepare for trial and push for the resolution the family can live with.
Contact
Put a trial lawyer on your dispute
Tell us what the will or trust says and what you believe happened. We will tell you what the deadlines are and whether the case is worth bringing.
Canton Office
101 Woodland Way, Suite 1C
Canton, GA 30114
Phone: (770) 693-8715
Monday to Friday, 9:00 am to 5:00 pm
Florida office, by appointment:
1831 NW 33rd Street
Oakland Park, FL 33309
Request a consultation
Confidential. No obligation. We respond during business hours, usually the same day.
Criminal and civil matters go directly to Mitch Skandalakis. Prefer the phone? Call (770) 693-8715.