First of all, condolences to you and yours. We know this is a challenging time.
The last thing you want during this time is to be back and forth with an attorney, but we can simplify the process for you.
A probate attorney at Edwards Family Law will pay attention to your family’s unique demands and develop a strategy to safeguard your interests. Many legal solutions are available to help, whether your family is dealing with grief, handling the affairs of a loved one, or planning for the future.
A deceased person’s will is validated and managed through the legal process of probate, subject to any legitimate debts and taxes due at the time of death. The property is distributed following the will’s stipulations. In cases when a person passes away without leaving a will, probate may also involve identifying the heirs per the laws of intestate succession.
Only 11.6% of Atlanta’s population is age 65 and over. This is a relatively low number of people in this age group. You should not delay making a plan under the mistaken belief that you have time.
The median home price in Atlanta, Georgia, increased to $314,400 in 2020 from $290,400 the year before. The typical household makes $64,179 per year. A good Atlanta probate lawyer will advise you on the best way to maximize your asset portfolio so you can give your children a sizable estate. Ask us for financial planning recommendations in your area.
The probate procedure is referred to as “uncontested” when the beneficiaries have no issues with the will. If no one can agree, you will be dealing with a “contested” probate estate. One is far more stressful and time-consuming than the other, but you should retain an Atlanta probate lawyer knowledgeable about probate and estate administration for either of them.
Georgia probate law involves more than just giving out assets per what is written in a will. Depending on whether a will was present, the deceased’s assets and property must be gathered, creditors must be compensated, and any remaining funds must be distributed to the deceased’s heirs or beneficiaries.
The personal representative must return to court a second time to close the estate and be formally released from the fiduciary obligations connected with the position after all creditors have been paid, all of the deceased person’s assets have been transferred, and all necessary reports have been filed with the court.
Our probate lawyers help clients smoothly and quickly navigate the probate courts, whether a loved one passes away either testate (with a will) or intestate (without a will). The probate court might seem intimidating if you are unfamiliar with their workings and processes.
At every stage of the probate procedure, each petitioner must carefully abide by some heavy regulations, which include drafting and filing legal documents, publishing petitions, submitting bonds, serving notices, and publishing petitions. This can be overwhelming with even the smallest estate.
Edwards Family Law is a skilled, seasoned, and aggressive trial firm with specialized knowledge to fight probate litigation when the parties cannot settle. Our law firm knows that litigation involving family matters, wills, and estates may get heated and emotional.
It might take a while and be expensive to go through probate. Establishing a living trust is the best thing to include in your estate plan to ensure a sense of security while safeguarding your loved ones. This way, you can avoid probate altogether!
A living trust enables you to change the ownership of your property, and the trustee of your choosing will be in charge of managing the trust’s assets and the transfer of your property. In the procedure, the court is not involved. Directly to your beneficiaries, the trustee will distribute the funds in your trust and your property. The heirs you have named will get your property and assets. There are ways to minimize your headache. Ask the Atlanta probate attorneys at Edwards Family Law about how to avoid probate.
In estate cases, we aim to represent clients with skill and responsiveness. By doing so, we relieve you of the weight. The team here at Edwards Family Law knows the Court process. We guide you through the confusing estate administration process by explaining the complicated parts of probate we come across along the road. Be sure to schedule a consultation with us to get started.
We also offer legal services in these other practice areas:
Lawrenceville Office
234 Luckie St.
Lawrenceville, GA 30046
Phone: (770) 854-0777
Map and Driving Directions
Buckhead Office
3476 Peachtree Rd NE
Atlanta, GA 30326
Phone: (770) 854-0777
We serve clients throughout Georgia for estate planning cases:
Each case is different, but we can share what clients typically struggle with when they make their initial calls to us:
The financial aspect of family law matters can be terrifying because it has been historically known as a black hole of billing with retainers and hourly charges for things like emails and texts. Peel back further uncertainty by Estimating Your Legal Fees.
While other firms might tell you “there is no way to predict the total cost of a divorce,” we can tell you with certainty that those smoke and mirrors will not be a part of your care at Edwards Family Law. We provide value with a high degree of peace of mind through conscientious costs for our care. Learn more about our Flat Fee Family Law and Estate Planning Services.
Fast, organized, and professional. Her assistant was just as great assisting me get my own information organized. She was the perfect counsel for my situation and addressing opposing counsel. I highly recommend.
Great service team! Fast and efficient home closings. Easy to find in Downtown Wetumpka.
Regina is such a professional and knowledgeable attorney. I will gladly refer client to her with their family legal needs.
Professional and attentive staff. Our office has partnered with Edwards and Edwards on real estate closings and all good experiences.
Highly Recommend!!! Regina and her team provide an incredibly smooth client-experience where you know exactly what is expected of you, and what they are going to do for you. Their communication policy is odd at first, but results in excellent communication, they have tremendous knowledge of the law, and do what they say the will do.
Depending on the complexity of the estate’s circumstances, the Georgia probate process might take anywhere from 12 to 18 months to several years.
This job consists of gathering and managing the estate’s assets, filing the required tax returns, paying off and resolving any claims that creditors or other parties may have against the estate, and then transferring the estate’s leftover assets to the designated recipients listed in the will.
The most frequent disputes about a will’s validity center on allegations of undue influence, incapacity, fraud, incorrect execution, or the existence of a later-executed will.
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