How an asset is held legally will help determine if it needs to go through probate or not. Common assets that are not affected are ones held in joint tenancy, with right of survivorship, accounts with TOD or POD designations, and assets held in trust. Under a Joint Tenancy each party owns an undivi...
One of the little known facts about Georgia Probate law that may surprise you is that if you have kids, your spouse does not automatically inherit your entire estate. In fact, your spouse and children will split the estate equally, except that the spouse will never receive less than 1/3. Practicall...
Although there is no Georgia probate law that requires an estate to be opened with the probate court, the law does require anyone who is in possession of an original will of the deceased to present it to the appropriate probate court. The will can be presented to the probate court for information pu...
I was recently asked to speak at the North Atlanta Business Association about the probate process in Georgia. The group had some really great questions and I had a wonderful time speaking with them. I am always grateful each time I have the opportunity to present to a group because there is so much...
Make sure you have adequate life insurance in Georgia. Everyone knows that life insurance is a great (the best) way to make sure your family is taken care of after you’re gone. What many do not know, though, is that life insurance will alleviate many of the worries that your family will have durin...
Do you have a durable power of attorney in Georgia? If you answered “no”, then contact our office now. Yes, now. So, why do I, a probate attorney, care if you have a durable power of attorney? After all, a power of attorney has nothing to do with probate because it terminates upon death, ri...
Do you have a will? If the answer to this question is anything other than a firm “YES!”, then you need to call or email my office. Today. I don’t want you to call so that we can sell you a will. Our firm doesn’t even write wills or do any kind of estate planning. I want you to get in touch ...
When someone has passed away leaving behind loved ones the courts allow for certain relatives to receive “additional” compensation from the estate. A Petition for year's support is the document that can be filed with the court by spouses and/or minor children of the deceased. Year’s Support is...
Do I have a right to see a family member's will after he or she has passed away? In Georgia, once someone has passed away and they have property titled in their name (real estate, bank accounts, vehicles, etc.) it is usually necessary to open an estate to properly transfer those funds to the rightf...
What to do when Medicaid is threatening a lien on property? What can Medicaid do? What can you do? What if the estate property is not worth enough to cover the lien? This week’s question for Georgia probate lawyer Erik Broel comes from Marietta, Georgia. First, some background. Medicaid is a st...
This week’s probate question comes from someone in Atlanta, Georgia. Georgia probate law does not require that an heir be in Georgia, or even in the United States in order to consent to a probate petition, or participate in probating an estate. All that Georgia probate law requires is that the sig...
Having a name on the death certificate that does not match older records can pose a serious challenge for many things, including arranging for a military burial for the deceased soldier. How can you fix this situation? The first thing to do is to find his driver’s license, passport, social securi...
