December 17, 2008

GEORGIA PROBATE AND GEORGIA ESTATE ADMINISTRATION -- RULES TO REMEMBER IN OPENING ANY GEORGIA ESTATE

As an Atlanta Estate Lawyer and in working for a Georgia Probate Law Firm, my experience has been that there are several rules of thumb to follow when opening and administering a Georgia estate in county probate court:

They are, in simplified form, as follows:

1. No Promises: Do not make any promises to heirs, beneficiaries or otherwise. Give general time frames adding on that old saying “if everything goes smoothly”, etc.

2. Georgia Estate Administration is a Long Process: The Georgia estate administration process takes months and even years. In knowing this, please be patient and manage expectations on the outer limits.

3. Remember Your Goals: The objective is to prove to the Georgia Probate Judge, that the administrator or executor who filed petition for letters of administration or letters testamentary, has the legal authority to administer the estate.

4. The Georgia Probate Court Will Want to See You Be Diligent and Thorough: Remember, a will is offered up for probate, not an estate. This means that the opening of the Georgia estate depends on how fast you can file the letters testamentary and “prove up” the will or “offer the will up for proof”. If there is no will, the heirs will have to decide who will be administrator and sign off on the on the acknowledgment of service and consent to probate instaner.

My experience as a Georgia probate attorney, has shown that the longer an estate is pending for being open to the estate administration process, the more likely beneficiaries and heirs are likely to begin to argue. When this occurs, disputes often begin and battle lines are drawn. I can not emphasize enough the importance of knowing how to explain matters in a fair and understandable manner.

The Adams Law Offices helps administrators and executors (called “personal representatives” under GA Probate law) carry out their fiduciary duties expeditiously, fairly and cost-efficiently. Our Firm also helps heirs and beneficiaries of Georgia probate estates when there is trouble ongoing in the estate administration, they desire to set forth a valid claim, or want they answers they deserve. Our Firm has extensive experience in Georgia probate guidance; Georgia probate disputes; Georgia probate litigation matters; and, estate mediation. Please feel free to contact us (404) 467-8611 or 1-877-412-3267 to see how we can assist you. You can also send us a confidential e-mail through our contact us form via our Website. The Adams Law Offices is conveniently located in the Buckhead section of Atlanta, GA near the intersection of Piedmont and Roswell Roads.

Our Firm represents numerous clients from other states with matters pending in Georgia probate courts. We are here to assist you from wherever you may be located and have the technical and communicative skills to do so effectively and cost efficiently. The Adams Law Offices helps clients throughout the Metro Atlanta, Georgia area including the following: DeKalb County Probate Court, in Decatur, Georgia; Fulton County Probate Court, in Atlanta, Georgia; Cobb County Probate Court, in Marietta, Georgia; Gwinnett County Probate Court, Lawrenceville, Georgia; Fayette County Probate Court, Fayetteville, Georgia.

December 14, 2008

THE GEORGIA ESTATE TIMETABLE IN PROBATE COURT -- WHAT NEEDS TO BE DONE AND WHEN WILL I GET MY MONEY?

As an Atlanta, Georgia probate attorney, possibly the most frequent "Georgia probate lawyer question" I receive from the heirs and beneficiaries concerning the administration of a Georgia estate in county probate court is: How long will this take? (Or, should I say: “When will I get my money?”). My response depends heavily on how fast your Georgia probate law firm can get the petition completed for acknowledgment and perfect service on the heirs or beneficiaries, file the petition with the Georgia probate court, and how long you will be waiting on the probate court to rule on the petition.

Oftentimes, when there is no objection to the petition, the Georgia probate court will not require that a hearing be held, and issue an order opening or granting that administration of the estate begin. This, in large part, depends on the Georgia County Probate Court’s satisfaction with the petition for probate, the parties involved, and the detail and care with which the petition is drafted and filed and how this petition meets all the legal requirements set forth under Georgia probate law. This is notwithstanding any caveat/objection to the petition, which can prolong the process tremendously. My experience is that hiring an experienced Georgia probate lawyer can make the Georgia estate administration and Georgia probate process much faster and smoother.


Furthermore, do not let a let geographical distance be to your disadvantage. Our Firm represents numerous clients from other states with matters pending in Georgia probate courts. We are here to assist you from wherever you may be located and have the technical and communicative skills to do so effectively and cost efficiently.

Additionally, if you feel parties will act in a manner inconsistent with fairness or engaging in self-dealing, please know The Adams Law Offices, LLC represents administrators, executors, heirs, beneficiaries, estates, and personal representatives in all stages of Georgia estate administration and Georgia probate matters. Our Firm has extensive experience in Georgia probate guidance; Georgia probate disputes; Georgia probate litigation matters; and, estate mediation. Please feel free to contact us (404) 467-8611 or 1-877-412-3267 to see how we can assist you. Please also feel free to send us a confidential e-mail Web Site contact us form. The Adams Law Offices is conveniently located in the Buckhead section of Atlanta, GA near the intersection of Piedmont and Roswell Roads.

The Adams Law Offices represents clients throughout the Metro Atlanta, Georgia area including the following Georgia County Probate Courts: DeKalb County Probate Court, located in Decatur, Georgia; Fulton County Probate Court, located in Atlanta, Georgia; Cobb County Probate Court, located in Marietta, Georgia; Gwinnett County Probate Court, located in Lawrenceville, Georgia; Fayette County Probate Court, located in Fayetteville, Georgia.

December 10, 2008

GEORGIA PROBATE AND THE ESTATE ADMINISTRATION PROCESS – RESOURCES, TIPS, AND GUIDANCE

As a Georgia estate dispute and probate litigation lawyer, I have represented numerous Georgia estates, executors, administrators, heirs, and beneficiaries. In doing so, I have often times guided them to various “free web sites" so that they may see for themselves what is involved in the Georgia probate and estate administration process. There are a number of resources on the internet for use in effective estate administration and otherwise gather information about this complicated process. They are the following: The State of Georgia Probate Website ; The Georgia Courts Website ; The IRS ; and, most importantly the link to the county in which you are offering the will for probate (i.e. The Fulton County Probate Court Website)

The State of Georgia Probate Court Website and The Georgia Courts Website have links, forms and important information on estate administration and the probate process. In addition, theses sites contain a wealth of forms to be used in the State of Georgia (these two sites should be used to download any probate forms). The IRS site is an important sources of tax references, contact numbers, and information and documentation resources.

Unfortunately, these clerks and staff can not give you legal advice and are instructed to not engage in such action. Additionally, these sites are for informational purposes only, and while official, please know that nothing can replace the guidance of an experienced Georgia probate law firm.

More often than not, immediately after reviewing the above-referenced resources, many Georgia executors, administrators, heirs, and beneficiaries feel a little overwhelmed by the complexity of what is perceived as a “simple probate process.” From my extensive experience, I can tell you that the probate process in Georgia is anything but simple and it may serve you well to retain a knowledgeable and cost efficient Georgia probate law firm to assist you or represent your interests. Please feel free to contact us (404) 467-8611 or 1-877-412-3267 to see how we can assist you. Please also feel free to send us a confidential e-mail Web Site contact us form. The Adams Law Offices is conveniently located in the Buckhead section of Atlanta, GA near the intersection of Piedmont and Roswell Roads.

Furthermore, do not let a let geographical distance be to your disadvantage. Our Firm represents numerous clients throughout the United States in matters pending in Georgia probate courts. We are here to assist you from wherever you may be located and have the technical and communicative skills to do so effectively and cost efficiently.

The Adams Law Offices represents clients throughout the Metro Atlanta, Georgia County Probate Courts including the following: DeKalb Probate Court; Fulton County Probate Court; Cobb County Probate Court; Gwinnett County Probate Court; and, Fayette County Probate Court.

September 10, 2008

HOW DIFFICULT IS THE GEORGIA PROBATE AND ESTATE ADMINISTRATION PROCESS?

Hiring a probate and estate administration attorney to guide and represent you through the Georgia probate process may very well be the wisest decision any executor or administrator may perhaps make in carrying out their fiduciary duties in the process of administering a GA estate in county probate court. The consequences of improperly administering a Georgia Estate during the estate administration process are serious and have dreadful consequences which include personal liability of the Georgia executor and administrator.

These consequences stem from a fiduciary duty that all executors and administrators have when they administer an estate. These fiduciary duties are usually not even known by any would be or currently acting executor or administrator until they inevitably emerge. And, the fact of the matter is, nobody is going to tell about these “unknown” pending concerns and why there are compelling reasons for retaining a GA probate and estate administration attorney and Georgia law firm for the for the following reasons:

1) Most laypersons and attorneys who do not have considerable experience in GA probate law and GA probate estate administration proceedings, don’t know about these intricate GA “probate” laws or how to properly follow and use them to the benefit of the estate and any executor or administrator of the estate;

2) That the payment of an experienced GA probate and estate administration attorney is a valid estate expense and can be paid from estate funds;

Continue reading "HOW DIFFICULT IS THE GEORGIA PROBATE AND ESTATE ADMINISTRATION PROCESS? " »

September 6, 2008

BEING EXECUTOR OR ADMINISTRATOR OF A GEORGIA ESTATE IS A DEMANDING UNDERTAKING

As a prospective or acting executor or administrator of a Georgia Estate, there are significant advantages in seeking and retaining the services of an experienced GA attorney or law firm. You likely will save money for the estate, understand and be counseled and advised on how to be fairly and fully compensated for finding, identifying and gathering the estate assets; transferring these assets into the estate name and account(s); making necessary and proper transactions, payments and distributions during the estate administration process; carrying out your fiduciary duties to the estate beneficiaries and heirs and any third parties with a binding legal interest in the estate; and, finalizing administration of the estate per Georgia law by distributing the estate assets to the proper beneficiaries or heirs of the estate. These are just an overview summary of the fiduciary duties you must carry out.

The estate administration process in Georgia probate court is much more in depth and complicated than the brief overview above and consulting an attorney and law firm that are experienced in Georgia probate and estate administration law is necessary and highly advisable. This is true whether the estate is straightforward or complex, small or large in monetary value or other assets such as real property, or whether there are only a few beneficiaries or many.

The compelling reasons you should hire a GA probate and estate administration attorney and law firm are significant; please call The Adams Law Offices, LLC at 1-877-412-3267 or (404) 467-8611, to discuss your options, or send us a message through our confidential Web Site form.