Atlanta Estate Planning Lawyer Blog

There are many tools that can be used to facilitate the transfer of assets in an estate plan. Holding property jointly (in two or more names) is one method that has advantages and disadvantages. Joint ownership of real estate, bank accounts, and other property is common because assets owned jointly with rights of survivorship do not become assets of the decedent’s estate. These assets do not pass through probate to be distributed but are transferred by operation of Georgia law and automatically pass outside of the decedent’s estate to the surviving owner(s). When joint owners are spouses, this set up can be ideal. Because there is no delay in the transfer of property under joint ownership, the surviving owner can immediately take control of the property. This is especially useful if access to the property is urgent, time-sensitive, or when financial issues need to be resolved immediately upon the death of the decedent joint owner.

Joint ownership does have its downsides and should be carefully considered before being implemented in any inter vivos circumstances or estate plan. For instance, one scenario where it can be unwise to set up property ownership jointly is when a parent and child are named as joint owners. Problems can arise if the parent has other children who are not included in the joint ownership of the property or the child involved in the joint ownership is financially unstable. With multiple siblings, even if the Georgia will specifies that the joint property should be divided evenly between all of the children, the joint ownership property is not part of the estate. Thus, the surviving owner is not obligated to split the property and distribute it per the Georgia will. This is because the joint property transfers to the surviving owner(s) by operation of law. Thus, the property never becomes part of the estate and therefore is not subject to the laws of intestacy or distribution per the terms of the Georgia will. Also, if the joint owner is a child with financial issues, the parent can lose the property if the child’s creditors endeavor to collect outstanding debts. The child’s joint ownership interest can also be threatened if the parent has financial issues, which cause the parent to declare bankruptcy. This can oftentimes be the case if the parent has significant medical expenses or other expenses associated with growing older and not having earned income.

A Georgia Estate Planning attorney can provide other alternatives to placing property in joint ownership. One good alternative is to draft an effective estate plan that specifies how the property will be divided under a number of possible scenarios. Without a crystal ball we cannot foresee which scenarios are most likely, but they can include illness, remarriage of a spouse, bankruptcy, etc. With such variability, it is prudent to draft a detailed estate plan that can factor in multiple circumstances. Such an estate plan is especially effective for larger estates or in situations where a dispute between heirs and/or beneficiaries may be inevitable. Estate planning under such scenarios often involves the use of revocable and irrevocable trusts and annual gifting. Implementing these types of estate planning vehicles can be complicated and it is necessary to have an experienced estate planning attorney assist you.

Continue reading "JOINT PROPERTY IN GEORGIA AND ESTATE ASSET DISTRIBUTION – FIND THE BEST STRATEGY FOR YOUR ESTATE" »

Georgia last will and testament statues clearly outline the requirements for the creation and execution of a valid will. When these strict requirements are not met, the will is considered invalid and the testator’s estate becomes subject to the Georgia laws of intestacy, just as if no will had been created or executed. In our Atlanta probate law firm, our lawyers often represent clients with probate issues that could have been avoided if proper will drafting and will execution practice had been strictly followed. The consequences of failing to properly execute a will can be devastating for those surviving the testator. This situation can also constitute malpractice for the drafting and executing attorneys or law firm. When a will is deemed invalid because of failure to execute the will with the proper formalities, Georgia intestacy laws dictate how the estate assets are distributed. These types of cookie-cutter arrangements bypass the true intent of the deceased and may lead to conflict among the surviving heirs.

The following are some of the steps to keep in mind when executing a will in Georgia. The person executing the will, the testator, must be at least 14 years old. The will must be in writing, although the law does not specify a particular format, except that it cannot be handwritten. The will needs to be signed by the testator, who must be sufficiently competent (of sound mind and memory) at the time the will is executed, know the nature and extent of their assets, and that they are executing a will voluntarily and of their free will. In Georgia, another person can assist the testator in signing the will. This is legally sufficient when it is done in the presence of the testator and at the express direction of the testator. A minimum of two witnesses must also sign the will in the presence of the testator. The witnesses must view the signing of the will by the testator as defined by the “line of sight” rule. This means the witnesses must have an open and unobstructed line of sight to the testator’s signing of the will.

Should a witness also be beneficiary under the will, he or she must forfeit their inheritance under the will for their act as a witness to be valid, and as a result, the will to be valid. Thus, witnesses whom are beneficiaries to a will should not be a witness to the will. As a last resort, however, the testator may have three or more witnesses to their will. Under Georgia Code Section 53-4-23, a witness who is also a beneficiary may receive testamentary gift from the estate only when a minimum of two other witnesses sign the will. In this case, the other two witnesses cannot be beneficiaries. A useful and increasing necessary document to attach to the will is a self-proving affidavit. While it is not a requirement, this document proves that the will was properly executed and is genuine. It should be signed by the testator, the witnesses and certified by a notary public. Without a self-proving affidavit, one of the witnesses must be located at the time of the testator’s death and sign a legal document called “Interrogatories to Witness to Will. In this legal document, the witness attests to the validity of the will he or she witnessed. Further, the witness may be required to appear in court and give testimony under oath. With the self-proving notarized affidavit, this is not necessary and the will is likely admitted to probate without any delay.

Continue reading "FOLLOW GEORGIA WILL EXECUTION REQUIREMENTS TO ENSURE YOUR WILL IS VALID AND AVOID WILL CONTEST LITIGATION" »

As an Atlanta, Georgia Probate Lawyer, I always recommend that my clients prepare a will. The existence of a will makes the distribution of estate assets run more smoothly during probate proceedings and can significantly reduce disputes between heirs and beneficiaries. When a will is written, an executor can be named who will administer the estate. In some cases, when no executor is named in the will, or if there is no will, the court will assign an administrator. In all of these scenarios, disputes can arise surrounding the choice of the executor or administrator.

Disputes over executors and administrators, which cause unneeded stress during probate proceedings, occur because the role of estate executors and administrators is so important. This is a fiduciary role in which the person administering the estate has very specific legal and financial responsibilities. Because of the serious nature of these responsibilities, there are times when the person chosen is regarded by the heirs and beneficiaries as being an inappropriate choice. Executors, as well as court assigned administrators, have to operate in a levelheaded, responsible manner during the process and they need to be able to understand the mechanisms of Georgia probate law. Besides possessing a calm disposition and having knowledge of the proceedings, they also need to be trustworthy and honest and have the best interests of all parties at heart. Without these traits, a poorly chosen executor or administrator can cause havoc in the proceedings. Fortunately, Georgia law does provide heirs and beneficiaries with a mechanism to remove executors and administrators.

Georgia probate law allows for a formal objection to be filed that removes the person picked to administer the estate. When the heirs or beneficiaries recognize that the person assigned to administer the estate is unfit, it is always preferable to remove them immediately when probate proceedings are initiated. By acting promptly, before any breach of the fiduciary duties can occur, costs associated with fraudulent actions and any ensuing legal fees can be avoided. Of course there are cases in which the person chosen initially appears to be adequate for the responsibilities, but later acts inappropriately, is dishonest or irresponsible. In those instances, it is possible to sue for breach of fiduciary duties, including, but not limited to, the removal and replacement of the administrator or executor. This can be done once a breach of duties occurs, or if a breach has not yet occurred, once there is evidence that the person intends to violate their fiduciary duties.

In any probate proceedings it is important to secure the counsel of a qualified and experienced Atlanta, Georgia probate attorney. Individuals acting without proper legal counsel can unknowingly file false or groundless petitions, such as petitions to remove a person assigned to administer an estate. These frivolous petitions carry specific penalties under Georgia probate law. For that reason, it is especially wise to always seek legal counsel to avoid these types of issues, as well as to ensure the most successfully outcome of the probate process.

Continue reading "DURING GEORGIA PROBATE PROCEEDINGS, PROMPT REMOVAL OF UNFIT ESTATE EXECUTORS AND ADMINISTRATORS PREVENTS FRAUD AND SAVES ON LEGAL FEES" »

As an Atlanta probate litigation attorney, I have noticed that as the population of the United States ages, it is a common for most families to have an elderly parent who is independent enough to live alone, but who is unable to manage household expenses. In the interest of helping the senior maintain independence for as long as possible, a son or daughter’s name is frequently added to the senior’s bank account to facilitate payment of the expenses. In addition to paying any bills from the account, the joint account holder will be able to keep an eye on the outflow of monies and perhaps oversee any transactions that the senior does make. How the account is set up when the additional person is added, though, can have an impact on the outcome of any Georgia probate proceedings upon the death of the parent.

When creating a joint bank account, inserting the word “or” between the names of both account holders is a simple way to allow for either party to process transactions independently. While this facilitates the payment of expenses as described in the previous example, if one account holder dies, it also allows for all funds in the account to pass to the surviving account holder. When the second person is a spouse or the only surviving relative, this may not pose a problem. But when there are other heirs, a dispute may take place if the heirs feel that they are entitled to a portion of the funds. The question of who receives the funds will be addressed during probate proceedings, as the true intent of the deceased is investigated. Most commonly, the proof of how the money will be divided up is found in the will. But with no will, or if the will does not clearly state how the funds are to be allocated, the court will needs to determine if the second account holder was added only for the sake of convenience or if it was the true intention of the deceased to gift the funds to the second account holder.

When the word “and” is used between two names on a joint bank account, no transactions on the account can be processed without the other party’s signature. This is common in Georgia business partnerships where the inflow and outflow of funds needs to be closely monitored. Under this scenario, in the event that one account holder dies, half of the funds will pass on to the estate of the deceased and half of the funds will pass to the surviving account holder. This set up is not common in family dealings and does not usually cause a dispute during Georgia probate proceedings.

The types of joint account disputes involving family members can be avoided by asking an experienced and qualified Georgia probate attorney to set up a will that clearly defines your desired intentions. Keep in mind that while probate proceedings resolve issues on these difficult and emotionally charged cases, your heirs are the ones who will live not only with the outcome, but also with the consequences caused by any drama that plays out during the proceedings. With the proper planning you can eliminate this turmoil and create a positive experience for your loved ones.

Continue reading "JOINT ACCOUNT DISPUTES IN GEORGIA AND THEIR IMPACT IN PROBATE COURT PROCEEDINGS" »

As an attorney that practices probate litigation law in Atlanta, Georgia, I see many clients who need guidance in the complicated area of probate proceedings. Because the death of a family member is such an emotional and difficult time for all involved, it is important to have legal safeguards in place that not only protect heirs and beneficiaries during this delicate period, but that also protect executors and administrators. When a will exists and an executor has been named in the will, it is not uncommon for conflicts to develop between the executor and the heirs and beneficiaries. When there is no will, it is also possible for conflicts to emerge between the administrator and the heirs. Both parties, those administering the estate and those inheriting the estate, can have valid legal concerns.

Even when the estate is being administered in a responsible manner, because emotions run high in these situations, heirs and beneficiaries can begin to imagine that the executor or administrator is taking advantage of the situation. And executors and administrators can feel that, despite their hard work administering the estate, they are wrongly accused of inappropriate behavior. The good news is that by inserting some legal checks and balances into the process, these situations can be avoided or, if they do occur, resolved. One example of a useful legal instrument that helps diffuse these conflicts is the petition for inventory and accounting. Even though the executor or administrator appears to have absolute power to manage the estate, that person is in fact bound by a fiduciary duty. As such, the person administering the estate is required to handle all related duties in the best interest of all parties. When the duties carried out fall under suspicion, heirs and beneficiaries can make a legally binding request for an inventory and accounting of all estate assets. It is important to note that in Georgia sometimes heirs and beneficiaries waive their right to petition for inventory and accounting, but when a conflict arises they can legally renounce the waiver and the petition can move forward.

In some cases, conflicts surface when executors and administrators can have difficulty providing an inventory of assets in a timely manner. It is precisely this situation that can make it seem that there is an abuse of power on their part. But there are instances that can cause undue skepticism and one of these is when estate assets fall into categories that are difficult to identify. One type of asset that can prove very difficult to discern is intellectual property, such as artistic works, inventions or patents. For this reason it is important to retain the service of an experienced and qualified probate lawyer who can assist in identifying all tangible and non-traditional assets and protect the interests of all parties involved. Whichever side you find yourself on in probate proceedings, as an executor or administrator or as an heir or beneficiary, you need to be aware of the legal options, rights and duties that apply to you and seek the support of legal counsel.

Continue reading "ATLANTA PROBATE LAWYERS PROVIDE PROTECTION FOR ALL INVOLVED IN GEORGIA ESTATE SETTLEMENTS" »

The Atlanta, Georgia, will litigation lawyers of The Adams Law Offices have seen an increase in will contest lawsuits. One of the areas we have seen an increase is the assertion of undue influence. Often this occurs when one sibling tries to exploit a family member with diminished mental or physical capacity in order to obtain a more favorable distribution under the will than another. One sibling’s close relationship to a parent often presents an opportunity for deception and manipulation to occur. If the will is made with unwarranted influence, the will’s validity may be challenged.

The Georgia Supreme Court case, Morrison v. Morrison, 282 Ga. 866 (2008) provides some guidance regarding what constitutes undue influence. In Morrison v. Morrison, one sibling sued another claiming that he used undue influence over his father to convince him to select a particular attorney and then participated with that attorney to create a more favorable will. In this case, the Georgia Supreme Court determined that no undue influence existed because the father was not of “weak mentality” when the will was executed nor did the one sibling occupy a “dominant position” with regard to his father. In fact, the court said, “that the father remained strong-willed and stubborn, not feeble or easily confused, and that he liked to be in charge. “ Morrison, 282 Ga. 868.

Under Georgia Law, a transaction is recognized to be the result of undue influence when the parties are in a confidential relationship with each other and one party has a superior mental capability than the party who is the victim of the undue influence.

To the contrary, The Georgia Supreme Court found undue influence existed in a noteworthy case, Bailey v. Edmundson, 280 Ga. 528 (2006). Baily v. Edmundson is an especially case because it provides a list of factors to consider in determining undue influence, including:

• Whether the parties had a confidential relationship;

• The reasonableness of the testator’s disposition of his estate;

• The testator’s habits, motives, or feelings, and his physical and mental strengths or weaknesses;

• The testator’s family, social, and business relations;

• The manner and conduct of the testator; and

• Any other fact or circumstance that shows the exercise of undue influence on the mind and will of a testator, including evidence as to the bad character of the person(s) exerting the influence.

Although undue influence may occur in many different circumstances, parents may be particularly susceptible to undue influence from one of their own children.

Continue reading "ATLANTA, GEORGIA WILL CONTESTS – SIBLINGS TRY TO USE THEIR POSITION TO EXERT UNDUE INFLUENCE OVER PARENTS’ WILLS" »

The Atlanta, Georgia, will contest lawyers at our Firm have seen a rise in the number of shameful and disgraceful “primary persons,” “caregivers,” and “significant others” who attempt to seemingly base their living on their ability to give rise to their fortune through the misappropriation of another's funds “in disguise” – through inheritance via the will. This is usually to the exclusion of the rightful and normal beneficiaries and heirs; the family members – the loved ones. Our Georgia will litigation firm has noteworthy experience advising and representing clients in seeking out the “truth” in their case proving the invalidity of a will through full discovery. Our Firm usually advises to seek full discovery through means such as the following: Request for Admissions, Interrogatories, Request for Production of Documents, Depositions, Psychiatric Evaluation Orders; and all other available means, pursuant to the Georgia Civil Practice Act. In fact, our Atlanta, Georgia will and estate litigation lawyers usually seek a jury trial in most instances -- NOTE: You can have your jury trial in all the Georgia probate courts where the county has approximately 96,000 residents or more – (See recent U.S. Census).

I find these three (3) guidelines helpful for the rightful heir or beneficiary who seeks justice, normality, and comfort in any disputed will case. The reasons are as follows:

REMEMBER THIS NO. 1: This is about what has been done and what must be made right upon the findings of an impartial jury or the court. You are none the lesser and all the better for asking the questions and being outspoken and sincere.

REMEMBER THIS NO. 2: You are the family member or loved one left out. This is unusual and not the norm. It is a natural sequence of events to take care of another family member after death through a will or other instrument, no matter the circumstances. This includes both monetarily and otherwise. Most people know there is little they can do to provide a stable and comforting future without leaving assets.

REMEMBER THIS NO. 3: Do what you need to do to put matters to rest. If you let this bother you without taking action and finding an outlet to discover the truth, these feelings could haunt you for sometime if not forever.

Our Atlanta will and estate litigation law firm knows and understands the legal ins-and-outs of the disposition of a departed person’s estate through their will. It appears that there is not much left to the imagination of the proverbial predator upon the family assets and the unknowing family, friends and rightful beneficiary and heirs who fall in the wake. Georgia Probate Courts have found the following legal reasons as sound justification that the will is not legally sound and held such will is void as a matter of law:

• Duress – A decedent under pressure to do what they would not normally do, act how they normally act, or other such actions where a decedent has acted with pressure upon their “real” wishes and desires.

• Coercion – A decedent under pressure through extremes put upon themselves by themselves and others (perhaps the person seeking to be named in the will).

• Undue influence – Using tactics and other immoral and untrue acts to put pressure on a decedent to change their will.

• Lack of Capacity – Alzheimer’s, Dementia, Chemotherapy, medications of all sorts, etc.

• Incompetence – A person not able to act on their own accord who must be told what they are to do – this is oftentimes combined with incapacity.

• Mistake of Fact – A person making a will under false pretenses, lies and untruths told by another or coming to their mind through a mental disorder.

• Fraud – A person who has done the right thing and this has been changed through trickery, lies, deception, and sometimes acts of forgery, page replacement, and other deceptive acts.

• Senseless Dispositions -- They are not dispositive of the decedents inability to act, but do tell a story all their own.

If you are concerned about the final disposition in the will of a family member, friend, confidant, lover, or other important person, The Adams Law Offices represents potential heirs, beneficiaries, estates, and personal representatives in all stages of probate cases.

Continue reading "ATLANTA GEORGIA WILL CONTEST LAWYERS AND INHERITANCE DISPUTE ATTORNEYS AGREE; FINANCIAL ELDER ABUSE IS ON THE RISE – WILLS SPEAK THE UNJUST TRUTH" »

As an Atlanta, Georgia, power of attorney litigation lawyer, I have seen a sharp rise in the number of cases dealing with the misuse of a power of attorney or other similar document. Most times, the fiduciary lawyers at our Firm see the misuse and abuse of a Georgia power of attorney committed against the elderly, incapacitated, and other persons who tend to be trusting, in need of help and/or suffer from some mental disorder, cognitive disability, or laboring under circumstances, which make them easily influenced or coerced.

A power of attorney is an authoritative document and brings with it the ability to act on behalf of someone else; usually without his or her presence or any questions asked. A Georgia power of attorney is relatively easy to establish over a person. The person who gains and holds the power of attorney is referred to as the attorney-in-fact or agent. These forms can be purchased for a few dollars from a “legal document information company,” downloaded over the internet, bought in an office supply or other such store, and even found over the web for free.

The Georgia power of attorney document can be easily secured, signed by the trusting, gullible, eager to please, or even forged. Furthermore, once an “attorney-in-fact” has a Georgia power of attorney, there are relatively few security measures in place to prevent these documents from being used without any questions asked. This is the case with many banks, credit unions, credit card companies, businesses, financial institutions, mortgage companies, or other businesses.

The fiduciary litigation lawyers at our Firm have found that many persons acting as an attorney-in-fact or agent pretend to act as if they are helping someone else, when they are only helping themselves to the money and assets of another trusting person. They are also spending monies that otherwise would go into the estate of the person who gave the power of attorney and defrauding the rightful heirs or beneficiaries assets which “would have been in the estate,” but for the misuse, fraud and abuse. It is important to know a power of attorney, brings with it a fiduciary duty to act in the best interest of the person giving the power of attorney. If the attorney-in-fact or agent is acting in his or her best interest or without the best interest of the person giving the power of attorney, they are acting breach of their fiduciary duty and in breaking Georgia law. They must be stopped before too much damage is done!

Our Firm asks that you look out for your loved ones and the following circumstances:

• Overly Trusting Person Giving Power of Attorney

• Sudden Change in Financial Circumstances

• Sudden Change in Behavior – (Especially Emotional or Worrisome Thoughts or Actions)

• Need for Money by Attorney-in-Fact or Agent

• Mental Illness such as Dementia, Alzheimer’s or Other Mental Disorder

• Inability Care to for Self

• Coercion (by Family, Friends or Others)

• Duress

• Undue Influence

• Lack of Capacity

• Incompetence

• Fraud

• Other Suspicious Circumstances

The reason I am writing this article is to tell you that there are many ways to prevent, stop, and recover the damages caused by the misuse of a Georgia power of attorney. Our Atlanta fiduciary litigation law Firm specializes in Georgia power of attorney litigation. We can assist you in preventing fraudulent use of a power of attorney by an attorney-in-fact or an agent. We can also represent you against persons who have wrongfully acted as attorney –in-fact or agent. It is important to know there are numerous powerful remedies to stop and hold accountable persons who obtain, misuse, or abuse a power of attorney. We can also assist you after the power of attorney has been misused and the “would be estate” has been squandered.

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A business owner pays approximately 16% of his or her salary in payroll tax. The payroll tax is in addition to federal and state income tax. For example, if you pay yourself a salary of $75,000, the payroll tax is approx. $12,000, plus federal and state tax.

Here’s a tip on how to save on payroll taxes. Suppose your business earns a profit of about $75,000 per year. So you pay yourself a salary of $75,000. Your payroll tax is approx. $12,000. If you were operating your business as an “S” corporation, which many small business owners do, then you need to know that distributions of profit from an “S” corporation are not subject to payroll tax.

Instead of paying yourself a salary of $75,000 (all of which is subject to payroll tax), pay yourself a smaller but reasonable salary of say $25,000. Thus, the payroll tax is approximately $4,000. The other $50,000 is distributed to you as an “S” corporation dividend. There is no payroll tax on the $50,000 distribution. That’s a tax savings of approx. $8,000!!!

The same technique can be used for a limited liability company ("LLC"), but it’s a little more complicated. You pay yourself a salary and pay payroll tax on that amount. But there is no payroll tax on an LLC distribution of profit as long as you are not the LLC’c member. Most people either interpose another LLC (owned by you) as the member of the operating LLC, or for example a spouse who does not work in the business is the member of the operating LLC.

Be smart. Sometimes less really is more. But also be reasonable when using this technique. The Adams Law Offices offers experienced business and tax experts to assist you with every aspect of owning and running a successful business.

The Atlanta, Georgia probate litigation lawyers at our Firm who have lawsuits and disputes ongoing in Marietta, Cobb County; Atlanta, Fulton County; Decatur, DeKalb County; Lawrenceville, Gwinnett County, as well as other Metro Atlanta area county probate courts have seen breach of fiduciary claims on the rise.

The reasons behind this trend? THE ECONOMY!

It altogether makes sense to understand that in these troubled times, a Georgia executor, administrator, attorney-in-fact under a power of attorney, trustees, or other fiduciary, would “dip into the pot” of estate funds which are meant for the beneficiaries or heirs. The reasoning, we have concluded, is that no one will believe or be able to show that these fiduciaries have abused their powers by navigating estate funds into their own interest and use. Moreover, many Georgia beneficiaries and heirs do not know what their rights are and as such, do not know that fiduciaries have a vast and affirmative obligation upon them to “do the right thing” and manage the Georgia estate they are overseeing and controlling in the best interests of all of the beneficiaries and heirs.

On the contrary, altogether good executors, administrators, attorneys-in-fact, trustees, and other fiduciaries that are doing a good and adequate job are being accused of all sorts of heinous acts and breaches of their fiduciary duty by paranoid and overbearing beneficiaries and heirs.

If you feel that an executor, administrator, attorney-in-fact, or other Georgia fiduciary is not living up to their lofty obligations; The Adams Law Offices specializes in evaluating, scrutinizing, and analyzing the dealings of executors, administrators, attorneys-in-fact, and trustees who have fiduciary duties to others. If our Firm finds wrongdoing, we appropriately and often aggressively seek legal remedies for our clients.

Our Firm also specializing in assisting, guiding and defending executors, administrators, attorneys-in-fact, trustees, and other Georgia fiduciaries in carrying out their obligations in a legally proper and appropriate way. The Adams Law Offices also lends the appropriate support, care, and protection to the blameless fiduciaries in the course of carry out their duties. We also specialize in putting other fiduciaries back on track that have gotten off course or found they need the expertise of experienced Atlanta probate attorneys at the helm.

Continue reading "ATLANTA ESTATE, FIDUCIARY AND PROBATE LITIGATION LAWYERS SEE RISE IN LAWSUITS AND DISPUTES AMONGST EXECUTORS, ADMINISTRATORS, BENEFICIARIES AND HEIRS" »

The Georgia probate litigation lawyers at my firm are receiving more and more calls from persons interested in finding out whether they need a Georgia probate attorney to represent them in a Georgia probate ‘inheritance’ or ‘estate’ administration proceeding, dispute or litigation. Our Firm also receives an equal number of calls from executors or administrators of Georgia estates seeking experienced local Atlanta, Georgia, probate litigation lawyers to guide them through the trials and tribulations of being the executor or administrator of a Georgia estate. As an experienced Georgia probate lawyer, I have found that chances are if you think you need a Georgia probate lawyer, you almost certainly do.

The Atlanta probate litigation lawyers at our Firm meet weekly to discuss the status of the cases our Firm is handling, discuss strategies which are best for our clients, and to bounce ideas and other ways to further our clients’ best interests, we have also begun discussing and sharing ideas and methods in order to be the best Georgia probate lawyers for our clients. This process involves analyzing not only what our Firm’s Georgia probate dispute attorneys are doing in their cases, but also how opposing counsel are challenging and standing up for their clients against us. Since we found some common similarities between effective probate litigation attorneys, we decided to share them with you in your search for a qualified probate attorney.

Our analysis is as follows:

• Find Georgia probate attorneys who can handle the stress of a Georgia probate case. A strong lawyer can help you through this emotional struggle and take much of the stress off you. If you are seeking out Georgia probate litigation lawyers in order to find one to represent you, it is likely because a relative or someone close to you has died, you stand something to gain something from the person who has died (this person known under Georgia law as the "decedent"), or a combination of both of these factors. Usually these factors range from monetary or other gain to peace of mind that the loved one’s death is handled properly and peacefully. As such, this likely is a difficult process for you and emotionally draining. More often than not, there is relentless intra-family fighting and disharmony. Again, look for a lawyer can help you through this emotional struggle and take much of the stress off you.

• Find Georgia probate lawyers who are accessible to you, care about you and your case, and who you feel will your case for you by achieving your goals.

• Find Georgia probate attorneys who willingly give you their contact information, such as cell number, and other information. While you likely will not call this lawyer on his cell too often, this is a good indicator of how much dedication the lawyer has and how much he cares about providing exceptional service to you. Nevertheless, you know he or she will be available if you are in a bind.

• Find Georgia probate lawyers who can handle both transactional probate matters and probate litigation matters. Remember, a Georgia probate litigation case still has the transactional and administrative aspects to it. Moreover, these aspects are likely to be more convoluted and complicated. Thus, you need a probate lawyer that can handle any matters that come his or her way, whether they are transactional or litigation based. In addition, a lawyer who knows both transactional probate matters as well as probate litigation matters almost assuredly will have the upper hand over opposing counsel.

• Find the Georgia probate lawyers who regularly handle probate, trusts and estate cases, but also know about other areas of the law, such as real estate, business and taxation. Georgia probate estate matters likely consist of most of the decedent holdings and they likely will involve a host of legal areas. In contrast, some of the decedent’s holdings may pass “outside” of the decedent’s estate and the extra knowledge that your Atlanta, Georgia probate lawyers may have, will serve you well.

Continue reading "THE BEST ATLANTA PROBATE LITIGATION ATTORNEYS -- HOW TO FIND THEM" »

As a Georgia probate attorney who practices in the metro Atlanta area, I have found my probate law firm practice has recently changed its focus. In large part, this is due to the need for answers and accountability on the part of executors and administrators.

I am finding more and more heirs and beneficiaries calling into my office with the same complaint against the executor or administrator of the Georgia estate. These concerns center around the executor or administrator refusing to provide the beneficiary or heirs of the estate with an accounting and an inventory of the Georgia estate assets. The common runaround the executor or administrator usually gives the beneficiary or heir is they have no duty to provide such information. However, Georgia beneficiaries and heirs should know they can make a legally binding request in writing to the executor and administrator of the estate for an inventory and accounting of estate assets. Oftentimes beneficiaries or heirs have waived this right, but they can renounce this waiver in writing and move forward with a petition for inventory and accounting. O.C.G.A. § 53-7-32 (2008) provides as follows:

§ 53-7-32. (Revised Probate Code of 1998) Waiver of right to receive; relieving personal representative of duty to make

(a) Any beneficiary of a testate estate or heir of an intestate estate may waive individually the right to receive the inventory from the personal representative. Such waiver shall be made in a signed writing that is delivered to the personal representative and may be revoked in writing by the beneficiary or heir at any time.

If you are worried about the monetary, fiscal, or fiduciary mismanagement of a Georgia estate to which you are a beneficiary or heir, you have options and rights under Georgia probate law. The Adams Law Offices represents beneficiaries and heirs in all stages of probate proceedings to get answers from unfair, dishonest, and deceitful executors and administrators. The Adams Law Offices welcomes the opportunity to assist you in filing a petition for inventory and accounting and acquiring the answers you deserve.

Continue reading "GEORGIA HEIRS AND BENEFICIARIES CAN GET ANSWERS DESPITE WHAT YOU MAY BE TOLD BY THE GEORGIA ESTATE EXECUTOR OR ADMINISTRATOR" »