Monthly Archives: March 2026
What Executors Need to Know About Their Duties in Georgia
When a person passes away with a will, the probate court typically appoints an executor to manage the estate. The executor is responsible for carrying out the instructions in the will and administering the estate in accordance with Georgia law. While serving as an executor can be an honor, it also involves significant legal… Read More »
When Should Parents Consider a Trust for Minor Children in Georgia?
A parent’s estate plan should account for the possibility that minor children may inherit property. Under Georgia law, minors generally cannot directly manage inherited assets. If a child receives property outright, the court may need to appoint a conservator to oversee the funds until the child becomes an adult. This process can involve ongoing… Read More »
How Estate Planning Protects Your Family During Unexpected Incapacity
Estate planning is not only about distributing assets after death. It also plays a crucial role in protecting individuals and their families during periods of incapacity. Unexpected illness or injury can leave a person unable to make financial or medical decisions, creating significant challenges for loved ones. Without proper planning, family members may need… Read More »
What Happens If You Die Without a Will in Georgia
When a person dies without a valid will in Georgia, their estate is distributed according to the state’s intestate succession laws. These laws are codified under O.C.G.A. § 53-2-1 and determine how assets are divided among surviving family members. The court, rather than the individual, decides who inherits property. Dying without a will can… Read More »
Why Title Matters
Real estate can be owned in several different ways. The form of ownership, or how your property is titled, can determine how much control you have over it, how vulnerable your property is to creditor claims and lawsuits, and what will happen to it at your death. Individual Ownership One of the most common… Read More »
Myths and Frequently Asked Questions Estate Planning When You Own Real Estate
Myth 1: If both spouses’ names are on the deed to their home, the house will automatically avoid probate when the first spouse passes away. Many people may assume that if both spouses are listed on the deed, their home will automatically pass to the surviving spouse without involving the court-supervised process known as… Read More »
Does my Spouse’s Citizenship Affect my Estate?
Noncitizen spouses are treated differently than US citizen spouses for estate and gift tax purposes. They do not get the unlimited marital deduction. Married US citizen spouses can generally transfer unlimited amounts of money between each other during life or upon death in various qualifying ways without any gift or estate tax concerns. This… Read More »
Ancillary Probate: When It Is Used, Where It Occurs, and How to Avoid It
Many people own property in more than one state, such as an ocean-side vacation home or a rental property in a former home state. It is important to think about how that property will be handled after you pass away. Through proper estate planning, you can help minimize the burdensome court proceedings your loved… Read More »
How to Own Your Real Estate
Your real estate encompasses not only your primary residence but also any vacation homes, rental properties, or even vacant land you may own. The ideal form of ownership varies depending on the type of property and your individual circumstances. Your Primary Residence How you own your primary residence affects your control over it while… Read More »
When Your Parent Plans to Disinherit Your Sibling
Your parent has made the difficult decision to omit your brother or sister from their estate plan. While this decision will undoubtedly land heavily on your sibling, the decision also places you in a complicated position. As the child who was not cut out of the estate plan, you may find yourself in an… Read More »
