The personal representative of a Georgia estate has numerous responsibilities. They need to attend probate hearings and locate estate planning paperwork. They send notice to creditors, file tax returns and secure the assets that belonged to the decedent. Eventually, they may sell off certain assets and distribute others to the heirs or beneficiaries of the estate. Those obligations can create a lot of extra work and stress for the person fulfilling someone’s final responsibilities and upholding their last wishes. Often, estate plans include some minor form of compensation for the personal repr ..read more

Sometimes, older adults reach a point where they can no longer act in their own best interests. Issues with their cognition or overall health prevent them from attending medical appointments, managing their household and even meeting their own basic daily needs. Even those who struggle with the tasks of daily life may refuse to recognize that they require outside help. They may begin to self-isolate to avoid drawing attention to their struggles. Concerned family members or even professionals providing regular support to older adults sometimes feel the need to intervene. Georgia state law allow ..read more

The beneficiaries of an estate rely on the executor or personal representative to properly handle assets and distribute them according to someone’s wishes. Typically, that is exactly what happens during the probate process. Someone who accepts responsibility for estate administration will handle matters in probate court, communicate with outside parties that have an interest in the estate and successfully carry out someone’s last wishes. Sadly, there are occasionally scenarios in which people end up fighting in probate court over the actions of a personal representative. In some cases, the ben ..read more

Many probate hearings are technicalities. The personal representative or executor of an estate will attend a hearing with their lawyer and present certain documentation to the courts. The end of the probate process will typically occur after all estate administration duties have been completed. However, some probate hearings are contentious events wherein people present crucial evidence and accuse others of misconduct. Probate litigation is often a reflection of unusual circumstances, which means that there are certain noticeable trends to these cases. These are some of the most common reasons ..read more

When someone passes away, the estate administration and probate process is where their assets get divided among their heirs. Ideally, this person will have created a will or an even more complex estate plan to demonstrate how this has to happen. They can give guidelines and instructions for how assets should be divided or directly leave specific assets to a certain heir. However, most people are going to have some level of debt, as well. This could be substantial debt that the heirs may not know about, such as if the person took out numerous car loans, business loans or mortgages. But it could ..read more

There are a lot of legal and practical obligations that arise when someone dies. The family will need to locate their estate plan and secure their assets. There will need to be a representative who handles the estate, and they will need to attend hearings in the Georgia probate courts. Everything owned directly by the deceased individual becomes part of their estate. Family members and beneficiaries typically cannot access estate assets until the probate process reaches a certain point. If you expect to inherit from an estate in Georgia, you are likely eager to receive the assets left to you ..read more

Serving as the personal representative of someone’s estate is often a thankless job. While it is common for testators to allocate small amounts of compensation for the person who will handle their estates, that payment often pails in comparison to the work involved. Estate administration often involves locating and physically securing property, having difficult conversations with family members, spending hours on the phone with businesses and attending hearings in probate court. You will need to maintain careful records of what you do to validate that you have fulfilled your obligations and ha ..read more

We established this blog to share stories and information about topics relevant to our practice. Our intent is to regularly provide posts highlighting legal issues of local, state and national interest that we think you will find interesting. Check back later for updates.The post Welcome To Our Blog first appeared on Chan Law Firm LLC ..read more

As your loved ones in Georgia start to get older, they might find it increasingly difficult to take care of themselves. They may not need 24/7 residential care, but they might have trouble driving, paying bills, managing their money and dealing with other adult responsibilities. To help your loved ones retain some independence, you could petition the court for a guardianship. How does the court assign someone a guardian? To start, you’ll need to petition the court to assign a guardian for your relative. Most judges take guardianships seriously because they can restrict your loved one’s individ ..read more

Regardless of how much property a person owns, it is always a good idea to draft a will and create an estate plan. Without a plan in place, families are often burdened with heartache and uncertainty when the time comes to distribute the property of a decedent’s estate. In the absence of a document that clarifies the deceased person’s wishes, Georgia state law will dictate how assets and debts are distributed. Because every family is unique, the state’s guidelines for estate distribution rarely align with the wishes of the deceased or the family. We have provided some information here regarding ..read more