Probate and Fiduciary Litigation

Slotkin Law represents families, hospitals and other health care facilities in a wide variety of probate and fiduciary matters. We have deep experience helping clients navigate the complexities of will contests, trust litigation, guardianships and conservatorships.

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Guardianship and Conservatorship

Georgia probate courts appoint guardians for children or adults who cannot make or communicate significant responsible decisions concerning their health or safety. In the past, the law referred to this office as “guardian of the person.” Likewise, probate courts appoint conservators for adults who cannot make or communicate significant responsible decisions concerning finances. In the past, the law referred to this office as “guardian of the property.” Slotkin Law has handled over 300 such matters over the last decade, and we know how to help clients through these difficult transitions.

Guardian Ad Litem

This phrase, meaning “guardian at law”, refers to someone a court appoints to be an advocate for children or adults who cannot advocate for themselves. Georgia law describes this role as serving as the “eyes and ears of the court.” Courts trust us. Slotkin Law has been called upon over 100 times to assist Georgia Superior and Probate courts in this role.

Will Contests

A large part of Slotkin Law’s practice is representing clients in will challenges. Such a challenge, also called a “caveat”, can arise when a beneficiary believes they have improperly been left out of a will, or otherwise treated unfairly in a will. One common issue is mental capacity: that the person making the will, or testator, did not understand, or lacked capacity to know, what assets they owned, and to whom they were leaving their assets. Another common issue is undue influence, which means someone used a position of trust and confidence to persuade the testator to favor them in a will. Issues also arise when there is no will, also called “intestacy”, or when a will has been lost or forged.

Fiduciary Litigation

In certain situations, the law imposes a duty of utmost good faith and loyalty. Business partners, trustees and executors are some examples of relationships where there is a “fiduciary duty.” We have have a strong track record of success representing clients in breach of fiduciary duty cases.

Assisting Hospitals with Patient Placement

Slotkin Law represents a number of hospitals when a patient needs to be transferred or requires treatment, but there is no one willing or able to make those decisions on the patient’s behalf. Georgia law permits family and certain others to make decisions about health care for patients who are unable to make such decisions for themselves. Close relatives are preferred under the law, but in the absence of close family willing or able to consent to treatment, more distant relatives or what the law describes as “next friends” can consent for a patient. When patients cannot make decisions for themselves and there is no one to act on their behalf, Slotkin Law helps hospitals navigate those difficult situations through court-ordered placement and treatment plans.

GUARDIANSHIP AND CONSERVATORSHIP

GUARDIAN AD LITEM

WILL CONTESTS

FIDUCIARY LITIGATION

ASSISTING HOSPITALS WITH PATIENT PLACEMENT