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]
Georgia Probate: What Does That Mean?
In Georgia, probate means the proving of a Last Will and Testament by a court of law. When a person who has made a Will (a.k.a. testator) dies as a resident of a county in Georgia, his Will must be presented to the court and proved to be valid. Once a Will is “admitted to probate,” or proved, the probate process is completed. The next steps are the appointment of the executor nominated in the Will and then administration of the estate of the testator according to the terms of the Will. The term probate no longer has any practical relevance once the Will is proved. A probate court in Georgia handles a variety of matters in addition to the probate of Wills. It oversees the administration of both testate and intestate estates, the appointment and removal of personal representatives of estates (a.k.a. executors and administrators), claims made against personal representatives, guardianship and conservatorship matters, marriage licenses and wedding ceremonies, and weapons carry licenses. If you are having any problems with an estate or other matter before a probate court in Georgia, email me or call me at 404-467-8611 to find out how we can help you. Our firm is located… [Read More]
Georgia Will Contest: Is It Worth It?
I get a lot of calls from people in Georgia, all over the United States, and sometimes abroad interested in contesting a will. Invariably, the first question they ask is whether they have a case? For an in-depth answer, please review the Will Contests page of this website. You may also find will contest article published at AARP.org helpful, not just because it provides an overview of when a will contest may be appropriate but also because it poses an important question: is the cost of a will contest worthwhile? There are several factors to consider when determining the value of a will contest? Most importantly, the case must have a good chance of success. This usually means a set of facts known from the outset that make it more likely than not that the will is invalid. However, the strength of a will contest must be analyzed from a legal perspective, not a moral or ethical perspective. I get plenty of calls from people who desire to contest a will because they do not like the contents of the will but have no legal basis to overturn the will. I also get a lot of calls from people who claim… [Read More]
Georgia Estate Dispute: Avoid One with Communication
What should you do when there is trouble brewing in your family regarding an estate matter in Georgia? Should you stay quiet and hope the dispute never erupts? Should you head off a dispute by telling everyone else how things ought to be done. The New York Times recently published a Q&A with Sheila Heen (“Negotiating Conflicts, Part 5: A Tug of Wills“). Ms. Heen is a negotiations and communications expert and faculty member at Harvard Law School, that emphasizes one major theme: communicate your concerns before it is too late. Estates are uncomfortable topics. To most, asking a parent about his estate probably seems cynical and self-serving. Even close siblings often have a difficult time discussing with each other what to do about their parents’ estates (who should do what, who should get what, etc.). However, failing to address valid concerns sooner may cost the family time and money fighting over those concerns later. There are a variety of smart, healthy ways to break the ice on such a difficult topic. If you are concerned about how things will play out in your family, don’t be afraid to let someone know. If you are too uncomfortable to say something… [Read More]
