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]
Georgia Probate Attorney: Estate Planning to Avoid Potential Probate Disputes
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: The Challenges of Heirs Property
As an Atlanta probate attorney, I have a lot of experience with navigating issues which arise from a type of property called “heirs property.” Heirs property is “home or land that has been passed from generation to generation in such a way that multiple people own the same piece of property” (Georgia Heirs Property Law Center). This can happen either because a deceased person left the property to multiple people in their will, or because the deceased person died intestate, causing the property to be passed automatically to their heirs-at-law. The multiple owners of heirs property are “tenants in common,” which means they all have a share of rights to the use, possession, interest, rent, etc. of the property (Georgia Bar Journal). Heirs property is an issue which presents a plethora of challenges for the owners of such a property. One common and significant problem inherent with heirs property is “clouded title,” meaning that because of the undocumented nature of the succession of heirs property, it is often not clear on the property’s title who exactly owns the property and what rights they have with the property (Georgia Bar Journal). Therefore, it is typically necessary for all co-tenants of a… [Read More]
Atlanta Probate Attorney: The Trouble with Joint Accounts
In my Georgia probate practice, I have had several clients who were left in an uncomfortable predicament during probate due to the deceased’s use of a type of bank account called a joint account. Joint accounts are accounts with multiple owners, usually two. The money in the account is considered the property of the person who contributed the money to the account. However, each joint owner has unfettered access to the funds in the account, and does not need the knowledge or consent of the other owner to conduct transactions on the account. Upon the death of one joint owner, all the funds in the account become the property of the other joint owner. The funds do not pass through probate, meaning they are not considered part of the decedent’s estate to be distributed among the beneficiaries regardless of the instructions left in the deceased’s will, which is where the trouble with joint accounts typically begins. Other than among spouses, joint accounts are terrible planning tools. It is natural that, upon a person’s death, he or she will want to leave control and ownership of an account to a spouse, and you rarely see litigation against a spouse that was… [Read More]
Atlanta Probate Lawyer: Will Your Assets be Distributed to Your Intended Beneficiary?
As an Atlanta probate attorney, I have had many clients who were left confused and frustrated by the probate process because of the deceased’s misunderstanding about which of their assets would pass through probate and which were bound to other routes of distribution. This can be particularly confusing in the case of bank accounts, life insurance accounts and retirement accounts. There are many different kinds of accounts, with many different kinds of beneficiary arrangements, some of which supersede the arrangements laid out in a will. It is important to understand these different beneficiary arrangements when making your estate plan so that your assets can be distributed as intended. Some fiduciary institutions and insurance companies require a beneficiary designation. This specifies who will receive assets like retirement accounts or life insurance proceeds, which are not bound by wills or trusts. Some accounts will readily allow you to designate any beneficiary you choose, while other accounts require a few more hoops be jumped through if you would like to designate someone other than your spouse as beneficiary. Be sure to update your beneficiary information if anything changes in your personal life (i.e., if you get divorced or have children). Otherwise, your intended… [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]
Atlanta Probate Attorney: Guess Who Gets Assets When There Is No Will
As an Atlanta probate lawyer, I am always representing clients who must administer an estate without a Will. In Georgia, when a person dies without a Will (i.e., dies intestate), the state legislature has decided how her estate will be divided. The legislature passed a statute that identifies the heirs-at-law of an intestate decedent and the amount each heir-at-law is entitled to. The following persons are entitled to a share of the intestate decedent’s estate in the following shares: If the decedent was married without children: entire estate to spouse. If the decedent was married with children: estate divided evenly among spouse and children*, except that spouse receives no less than 1/3. To illustrate, if the decedent was married and had one child, the spouse and child each would receive 1/2 of the estate, but if the decedent was married and had three children, the spouse would receive 1/3 of the estate, and the three children would split the remaining 2/3 of the estate. If the decedent had children but was not married (was either single, divorced, or widowed): estate divided equally among children. If the decedent was not married and had no children: estate divided among living parents. If… [Read More]
Georgia Estate Planning Attorney: Wills on the Cheap Cost More in the End
I’ve been an Atlanta estate planning and probate attorney for several years and am often entertained and sometimes shocked by some attempts people make to prepare their own Last Will and Testament either on their own or through an automated service like LegalZoom.com. I used to support companies like LegalZoom because I thought the documents they produced were foolproof, but I changed my mind after seeing what was supposed to be an easy process mangled either through the computer application or upon the execution of of the documents. I certainly sympathize with the customer concerned with costs and don’t blame LegalZoom for grabbing hold of a market niche, but too often the result is far from what the customer intended. (I’ve represented a lot of individuals in the past in business disputes resulting from the same problem: business partners too cheap to spend a few thousand dollars on a consult and some documents to protect their business and themselves from unknown legal risks. As a result, the partners often end up spending tens of thousands in litigation.) I’ve seen poorly drafted Wills make bequests to persons whom the testators had no intention of leaving property (at the cost of those… [Read More]
Georgia Guardianship Attorney: Plan for Dementia-Related Incapacity
As part of my Atlanta guardianship law practice, I have represented several clients in guardianship actions seeking to be appointed guardians of a parent, spouse, or other relative with a dementia-related disease. In most instances, the proposed ward had either been diagnosed with Alzheimer’s disease or exhibited many symptoms of the disease. I am reminded with each client how important it is for everyone to have an estate plan in place that includes, at a minimum, a Last Will and Testament, financial power of attorney, and Georgia Advanced Directive for Healthcare. Having these three documents may save you and your family not only from problems that might arise after you die but also from problems that arise due to your incapacitation, whether by a dementia-related disease or otherwise. But for this post I focus on the growing prevalence of dementia-related diseases, and especially Alzheimer’s disease, because it is these types of diseases people least expect but are, year after year, more likely to have as they get older. Over the last decade, the prevalence of dementia-related diseases has grown among the elderly, and Alzheimer’s disease is leading the pack. The Alzheimer’s Association provides a remarkable and worrying fact sheet at… [Read More]
