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Georgia Probate Attorney: Think Before You Sign the Acknowledgment of Service and Assent to Probate Instanter

I’ve been practicing as a Georgia probate lawyer for several years, so I get a lot of the same questions on a regular basis.  One question callers often ask is whether they should sign a petition that was sent to them by someone trying to probate a Will.  The question used to throw me for a loop.  “Only the person trying to probate the Will should sign the petition,” I’d say.  “Not a beneficiary.”  But as my experience has grown, I’ve learned to know exactly what the caller means.  She is referring to the Acknowledgment of Service and Assent to Probate Instanter form. When a deceased person leaves a Last Will and Testament, an interested party usually will file a petition to probate the Will in the probate court in the county where the deceased resided at the time of death.  Typically, the person nominated as executor in the Will does this.  Often, the petitioner will provide a copy of the petition along with the Will to the heirs-at-law of the deceased and ask them to sign a form entitled Acknowledgment of Service and Assent to Probate Instanter.  If all heirs-at-law sign the form, and there are no other issues… [Read More]

Georgia Estate Planning: Everybody Needs a Will

I’ve been an Atlanta estate planning lawyer for several years, and on a regular basis I get new calls from people seeking help with an estate of a loved one who died intestate (i.e., without a Will).  Those calls usually begin with the caller complaining that the decedent made no Will.  Having represented dozens of clients dealing with intestate estates, I am immediately sympathetic. I can still help the caller but know from the start the process will be more complicated than it needed to be. Rocket Lawyer, an online legal service provider, found in a recent estate planning survey that 61% of Americans do not have a Last Will and Testament. Even worse, that number climbs to 70% for people with children under 18 years old.  Failing to make a Will, especially for people in the latter category, will subject your estate to unnecessary difficulty and, in some cases, utter calamity through family infighting, incompetent estate administration, and litigation. People have myriad reasons to not make a Will: I’m young. I don’t have kids. I don’t own enough stuff. I’m not sick. I don’t want to think about death. The law will take care of it. All of the… [Read More]

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