Cumming Estate Planning Attorneys
Every person has assets they want to protect and have managed accordingly when they pass away. That can be achieved with the help of an experienced estate planning and administration attorney.
Estate planning includes writing your will to outline how your assets will be monitored and distributed, as well as other key arrangements that must be made, after your passing.
In your will, in addition to detailing your assets and where you’d like them to go, you also name an executor, administrator or personal representative for your estate – a person tasked with carrying out your wishes after your death.
It is recommended that estate planning be done early to have a clear plan for your assets in place well before it is needed. Life can be uncertain and we never know when an accident or illness might disable make it impossible us to communicate our desires to our loved ones. With an estate plan in place and proper estate administration, you and your assets will be protected.
If you need someone to help you with this effort, you need to approach the best Cumming estate planning and administration attorney. Georgia Probate Attorneys is a Cumming, GA estate planning law firm that you can trust during this situation. We have an experienced team of estate planning and estate administration attorneys who can guide you throughout the process of handling your estate.
Call Georgia Probate Attorneys at (770) 637-3611 for your Free Consultation!
Estate Administration Attorneys
Not everyone has a will in place when they die, and even those who do sometimes leave behind confusion about exactly who is in charge of their estate and who can benefit from it. This is when a veteran estate administration attorney is essential.
From helping an executor open an estate to start the process of handling the assets and obligations of a deceased person, to protecting the right of those who contest the authority of that executor to do so, the attorneys at Georgia Probate Attorneys are experts in Georgia law and in estate administration.
Who can we help?
- The person who is filing to open the estate (executor, administrator
or personal representative) - Heirs or beneficiaries who want to challenge the
executor/personal representative - Heirs who want to challenge the validity of the Last Will
& Testament or challenge how an estate is being administered - Heirs or beneficiaries who want confirmation their interests are being adequately protected
Call Georgia Probate Attorneys at (770) 637-3611 for your Free Consultation!
Year in Support Petitions
After a person dies, it can sometimes take a long time for their estate to be settled. In the meantime a spouse or their children could be struggling to pay the bills. Georgia law allows surviving spouses and minor children to petition the court for money to live on while the estate is in the settlement process. This is called a “year in support” petition.
Georgia Probate Attorneys can help you gain financial support for yourself or your young children while your spouse’s estate is being settled.
We can also help protect you if someone else is attempting to make a claim for financial support against the estate of a loved one that you believe is not valid.
Call Georgia Probate Attorneys at (770) 637-3611 for your Free Consultation!
Drafting a Last Will and Testament
A person may write a last will and testament to determine how their property should be distributed to their chosen beneficiaries after death. The will lists all the deceased person’s last wishes and instructions, which goes a long way toward resolving problems when it comes to which properties go to which beneficiary and any financial obligations.
Understandably, many people are uncomfortable dealing with planning for death. However, it can be done efficiently with the help of a professional probate attorney. At Georgia Probate Attorneys, we understand how confusing it is to work on an estate plan, but we can look into the situation for you and personalize your estate plan based on your assets and legal needs.
Although anyone can write a will, Georgia has a key set of guidelines for wills in order to be recognized as legal and binding:
- The testator must be 14 years old and up and must not be “laboring under some legal disability arising from a want of capacity or a want of perfect liberty of action.”
- The testator must have two or more witnesses who are competent to witness the will signing, and they must also sign to acknowledge the will’s validity.
- Oral wills can only be made during the testator’s last illness and must be proven under oath by at least two or more witnesses. The testator should also make it known that it is his will, and it must be made in writing within 30 days of when it was spoken.
- It must not be a holographic will.
Writing a will and testament may sound simple at first, but given Georgia’s requirements, it must be done in accordance with the law and under the watchful eye of a legal expert. With the help of our Cumming estate planning and administration attorney, you can be reassured that your will is done correctly and legally binding.
Understanding Trusts
For some families, trusts are used to help with asset distribution. The owner of the property (the trustor) will transfer their legal right to the property to another person or organization (the trustee).
The trustee will then be given the responsibility to sort out the property for their benefit and best interests. Trustors will determine what conditions should be met before properties or benefits can be given to the trustee. They can also determine the period in which benefits are given and how it will be done.
Trusts come in two types, testamentary trusts or living trusts. In living trusts, the distribution or transfer will be done while the trustor is still alive, but arrangements can be made to continue the transfer after the trustor passes. This reduces the need for more probate hearings, reduces taxes, and organizes the asset’s use should the trustor be rendered incapacitated for some reason. Meanwhile, testamentary trusts involve the transfer of properties and assets after the trustor’s death.
It is important to note that trusts vary in terms of how beneficial they can be per case. Each person’s estate planning will have to consider all sorts of factors, which will require extra legal attention. With our team at Georgia Probate Attorneys, we can guide you through the process and identify the best legal solutions for your situation.
Free Consultation
Estate planning and administration are legal matters that you should not ignore or put on hold. While it is true that it is scary to think about your death now, having your estate sorted out as early as you can will provide you with some peace of mind, knowing your loved ones will be protected and your assets will go to them.
If there is any confusion or contention about your estate after you pass, your heirs will need the help of an estate administration attorney to make sure your wishes are carried out.
With this in mind, make sure you have the right Cumming, GA estate planning and administration attorney to assist you and your family. Our team at Georgia Probate Attorneys is always ready to assist and make it easier for you to sort out any legal issue that you have concerning your estate.
Don’t hesitate to get a free initial consultation with us because our attorneys can help answer any questions you may have about our services.
Call Georgia Probate Attorneys at (770) 637-3611 for your Free Consultation!