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Category Archives: Estate & Trust Litigation

The Financial Power of Attorney and Its Limitations

By Schklar & Heim, LLC |

Georgia law permits persons to appoint agents, also known as attorneys-in-fact, to manage their financial affairs. A person appoints an attorney-in-fact to act in her place by signing a document called a power of attorney. The person who signs the power of attorney is known as the principal. How a Power of Attorney Works… Read More »

Attorneys Mishandling Escrow and Trust Account Funds

By Schklar & Heim, LLC |

Of all legal and ethical requirements imposed upon attorneys, perhaps the most unforgiving and strictly applied penalties for misconduct relate to misuse of funds in attorney escrow accounts or trust accounts. Attorneys are required by their licensing authority and the law to use meticulous care and pay out funds held in an escrow or… Read More »

Suppression of Income to Reduce or Increase Child Support, Alimony, and Other Financial Obligations

By Schklar & Heim, LLC |

Georgia courts consider each parent’s income when calculating the child support obligations of the “noncustodial” parent in a divorce, child custody, or child support action. In domestic cases, courts consider the income of each spouse or parent in deciding whether one spouse or parent should pay alimony to, or the attorney fees of, the… Read More »

Wrongful Taking of Assets from Those Who Are Most Vulnerable

By Schklar & Heim, LLC |

A person is especially susceptible to the wrongful taking of his assets by another person when he is sick, elderly, or in an otherwise weakened state. Family members, supposed friends, and caretakers might take advantage of a person while he is vulnerable or in a state of diminished capacity. Such actions occasionally stem from… Read More »

Invalidating a Will Because of a Lack of Testamentary Capacity

By Schklar & Heim, LLC |

A testator (i.e., someone who executes a will) must have a certain level of mental ability at the time he executes a last will and testament. The level of mental ability required of a testator to make a valid will is called testamentary capacity. In order to have the testamentary capacity to make a… Read More »

Invalidating a Will Because of Undue Influence

By Schklar & Heim, LLC |

Unfortunately, the relationship between family members and a loved one who is nearing death is sometimes damaged by the influence of another person. Once a loved one has died, it may be discovered that his or her last will and testament greatly benefits the person who exerted influence and control over the deceased prior… Read More »

Frequently Asked Questions by Clients Regarding Legal Malpractice

By Schklar & Heim, LLC |

What is legal malpractice? Legal malpractice is the term used to describe wrongful or negligent acts by an attorney that cause harm to his client. It is also known as the failure of an attorney to provide legal services that meet the required standard of care, skill, and diligence the attorney owes the client,… Read More »

What are the Most Common Types of Legal Malpractice?

By Schklar & Heim, LLC |

One of the most common types of legal malpractice occurs when attorneys miss important deadlines. Failing to file a lawsuit before the statute of limitations expires will bar the client from filing the lawsuit. Missing the deadline to file an answer to a complaint may result in a default judgment against the client. Failing… Read More »

Tips for Protecting Against Legal Malpractice

By Schklar & Heim, LLC |

How can clients protect themselves from legal malpractice? First, before the representation begins, the client should obtain a written agreement for legal services from the attorney, preferably signed by the attorney. There should be no question that the attorney/client relationship has been established, and the purpose of the representation should be clear. Additionally, when… Read More »

Silence or Delay Can Be a Sign of Legal Malpractice

By Schklar & Heim, LLC |

Clients occasionally complain that their attorneys stop communicating with them when a problem arises in a lawsuit the attorney is handling, or when a dispute arises with respect to a legal document drafted by the attorney. Unfortunately, when some attorneys believe they have committed legal malpractice, they react by avoiding the problem, as opposed… Read More »