Email Us • 404-445-7771

Georgia Probate Attorney: Estate Planning to Avoid Potential Probate Disputes

As an Atlanta estate planning and probate attorney, I have had many clients who found themselves tangled up in familial discord because of the lack of proper estate planning done by their parents or other family members. The probate process can be difficult and stressful and can often result in feuds between family members if an estate is complicated or if the estate was not planned well. If you would like to know what happens in the probate process for an intestate estate (the estate of a person who died without a will), you can read my previous blog post on the matter. I discuss in this blog some ways to plan your estate and write your will so that your family can avoid lengthy probate proceedings as much as possible – and hopefully avoid conflict. One way to avoid ambiguity in your estate plan that may lead to familial conflict is to designate bank accounts which you intend to give to a specific family member as “payable on death” (POD) or “transferrable upon death” (TOD). A POD/TOD bank account pays out upon your death only to the specific person named as beneficiary on the account. This type of bank… [Read More]

Atlanta Estate Planning Attorney: Planning for Your Healthcare in Advance

As an Atlanta estate planning attorney, I have years of experience with assisting my clients in creating a plan for their health through documents like advance directives. Advance directives can give someone a say in their healthcare in the event that an accident or illness leaves them unable to communicate their wishes. Typical advance directives contain information regarding an individual’s health care agent and his or her preferences for matters including organ donation and end-of-life decisions. However, what should an advance directive look like if the individual’s illness is something long-term, something that progresses? The actions a person wants taken for their health in a later stage in their illness may not be the same actions they want taken in the early stages. For example, as this New York Times article states, people with dementia, which is a terminal disease, may still thrive and be happy in their lives despite issues with memory or daily activities. However, “the point at which dementia patients can no longer direct their own care isn’t predictable or obvious.” In such a case, an advance directive which does not take into consideration the progressing nature of the disease may not be the best fit for… [Read More]

Atlanta Probate Lawyer: S-Town as an Example of the Importance of Making a Will

As an Atlanta probate lawyer, I am very familiar with the consequences that can follow when a person dies intestate (i.e., without a will). The process of divvying up assets without a will to guide the process can become long, messy, and painful. A culturally relevant example of the unfortunate consequences of not preparing a will is the very popular podcast S-Town. S-Town follows the story of John B. McLemore, a resident of a small town in Alabama who owned acres upon acres of land, cared for his mother with dementia, and was rumored to have a large sum of money to his name in the form of gold bars. Following the death of McLemore by suicide, and the realization that McLemore had no will, his assets (and what was to become of his mother) were up in the air. During his life, he had verbally promised gold, money, property, etc. to friends. But without a will, these promises were not legally binding. S-Town explores the difficulties experienced by both the distant family members and McLemore’s friends in probating the estate without a will to guide the court. Although not every estate’s tale is quite so dramatic, it is important to have a… [Read More]

Georgia Estate Attorney on Home with Mortgage: Sell It or Scrap it?

As an Atlanta probate lawyer, I’ve dealt with dozens of Georgia estates that include a home with a mortgage on it. How to handle the home and mortgage in Georgia can be difficult to determine, especially if the mortgage loan balance is close to the value of the home. The following is a basic guide to follow, though I urge any person facing this question to contact a Georgia estate attorney before following through on any decisions as each situation has specific facts that may not fit neatly into any of the scenarios below. Also, the guide below only takes into consideration financial considerations of the estate and heirs, not any sentimental attachments that an heir may to a home, which should be taken into consideration when determining how to proceed. If a Georgia estate holds a home in good condition with a mortgage, and the mortgage loan is significantly less than the fair market value (“FMV”) of the home (by at least 10%), it usually is best to continue to make payments on the mortgage and plan on either distributing the home to the heirs or selling the home directly from the estate as quickly as possible to relieve… [Read More]

1175 Peachtree Street, N.E.
100 Colony Square, Suite 1450

Atlanta, GA 30361

Phone: 404-445-7771
Fax: 404-445-7774
2013 The Libby Law Firm. All Rights Reserved.
Contact Us / Disclaimer / Sitemap