Recent Cases of Interest to Fiduciaries

In the most recent installment of the McGuireWoods Fiduciary Advisory Services annual multipart series on recent fiduciary cases, developments in the law concerning various topics are examined through the following: -

Maxey v. Sapp, 796 S.E.2d 740, 034 Ga. App. 116 (2017) Conflicting evidence regarding oral instructions given at the time of a conveyance created uncertainty as to whether the conveyance resulted in a constructive trust.

Roberts v. Smith, 801 S.E.2d 915, 341 Ga. App. 823 (2017) Georgia law presumes that when family members hold property as joint tenants with rights of survivorship, a family member who furnishes consideration or makes mortgage payments without seeking contribution makes a gift to the other family members.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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