When it comes to managing the affairs of a deceased loved one, the intricacies of probate can often be overwhelming. Among the many assets that may need attention, safe deposit boxes stand out as a unique challenge. These secure containers, often held at banks or credit unions, can contain anything from important documents to valuable heirlooms. In Georgia, as in many states, there are specific procedures and laws surrounding the access and management of safe deposit boxes during probate. Let’s delve into the steps and considerations for managing these boxes in the Peach State.   Understa ..read more

Navigating the world of probate can be a complex and emotionally taxing journey, especially when it involves the well-being of a minor or an incapacitated adult. In Georgia, when an individual is unable to make decisions for themselves due to age, illness, or disability, the probate court may step in to appoint a guardian. This guardian will be responsible for making personal and health-related decisions on behalf of the individual. Let’s explore the intricate process of appointing a guardian in Georgia’s probate system.   Understanding Guardianship in Georgia   In Georgia, guardians ..read more

As a surviving spouse have you heard about Georgia’s Law of “Year’s Support” in Decedent’s Estates? Common Misconceptions Often surviving spouses have the misconception that the Probate Courts in Georgia (of competent venue) will automatically grant an award of a “Year’s Support” when petitioned for within two years of the death of a spouse.  The reality is that a surviving spouse does have legal standing to seek this award, but it is not “automatic.”  Any interested party can object (by filing what is called a “Caveat,”) and at that point the surviving spouse must carry of burden of ..read more

If you’re dealing with the loss of a loved one, probate can add unwanted stress to the situation. The probate process is often expensive and time-consuming. It can also feel a little invasive of your privacy. But the good news is there are some ways to avoid the probate process. What is Probate? When someone passes away, the estate and assets they leave behind will likely go through a legal process called probate. It’s a court-supervised process of settling someone’s estate. During probate, the court supervises the distribution of assets and ensures that any debts are paid.  In Georgia, t ..read more

In an ideal situation, a person creates an estate plan that clearly addresses the disposition of their assets and goes through the probate process with any issues. But this is not always the case. An individual may have had trouble memorializing their wishes to their family members, or the beneficiaries may have problems with part of the estate plan. This is where mediation can help. What is Mediation? Mediation is a form of alternative dispute resolution that occurs outside of the courtroom. The mediation session is conducted by a trained and licensed mediator (who is usually a retired judge ..read more

As a surviving spouse have you heard about Georgia’s Law of “Year’s Support” in Decedent’s Estates? Common Misconceptions Often surviving spouses have the misconception that the Probate Courts in Georgia (of competent venue) will automatically grant an award of a “Year’s Support” when petitioned for within two years of the death of a spouse.  The reality is that a surviving spouse does have legal standing to seek this award, but it is not “automatic.”  Any interested party can object (by filing what is called a “Caveat,”) and at that point the surviving spouse must carry of burden of ..read more

You have been appointed as personal representative of your loved one’s estate. What is the first step? Do you need to hire a lawyer? The answer is: it depends. The decision to hire or not hire an attorney is one that should be carefully considered, considering all of the following factors. You are not required to have a lawyer to probate an estate. If you feel fully capable of handling all issues yourself, you are more than able to do so. However, most people do not have time, legal background or resources to handle probating an estate and going through the court system on their own. Dependin ..read more

For those who are grieving the loss of a loved one, the holiday season can be a particularly difficult time of year. It seems like we feel their absence most strongly during holidays because of the memories and holiday traditions that they used to be apart of. To honor our loved ones and to find some peace during the holiday season, it can help to create new traditions and rituals. Light a Candle in their Honor Lighting a special candle is a warm and comforting way of remembering a lost loved one. You can purchase a candle or small lamp and keep it lit throughout the holiday season to signify ..read more

Do you have a disabled child who is approaching the age of 18?  Once your child turns 18, you likely will experience significant legal obstacles if you desire to continue making decisions on behalf of your child and/or desire to have access to that child’s medical information or finances.  If your child needs medical attention, financial assistance, and needs you to act or intervene on his/her behalf, you will need to have legal authority to do so.  If your child is vulnerable, you surely want to protect your child.  As a parent these concerns are very real. Processes Becom ..read more

IRS Commissioner Charles Rettig recently made a plea for help. He said that his agency has taken measures to battle the overwhelming effects of the pandemic – new responsibilities and a rush of tax returns. But with a shrinking budget and staffing levels the same as they were five decades ago, the IRS is facing a backlog of millions of previous years’ tax returns. Not to mention, there will be another influx of 2021 returns submitted this month. For US taxpayers, the long delays can threaten their financial security. Some individuals depend on their annual returns to afford things like rent, g ..read more