Like everything else, the COVID-19 pandemic has disrupted civil litigation. The Georgia Supreme Court suspended almost all civil case activities beginning March 14, 2020 which continued through July 14, 2020. Although many proceedings are now permitted, with remote or socially distanced procedures, including pleadings, motions, motion hearings, and civil discovery (interrogatories, requests for production of documents and depositions), there is still a prohibition on jury trials. Even when that restriction is lifted, it will take many months for the Courts to work through the backlog of cases, particularly because of the priority given to criminal cases, and the additional courtroom space that will be required to conduct trials safely.
What Is a Fiduciary and Do I Want to Be One?
A family member or friend has asked you if you would agree to be the executor of her estate and the trusts created by her will.
A family member is unable to continue managing his financial affairs and asks you to do it either informally or under a financial power of attorney.
A long-standing client has no one she feels she can rely upon to carry out her wishes and asks you to serve as the trustee of her revocable trust and life insurance trust.
If you say yes to any of these requests, then congratulations! You are a fiduciary.
Are You an Estate Planning Terrorist? Is Someone in Your Family?
It is entirely possible. People planning their estates and their advisors have an understandable desire to prevent or at least discourage family members from challenging their wills or trusts in court. In order to do so, they often include language in the will or trust that provides that anyone who challenges the validity of the will or trust will forfeit the money or property the challenger would otherwise receive under the instrument.