Skillful Georgia Probate and Estate Attorneys

Estate Planning

In an ideal world, a decedent’s assets would be passed along in a conflict-free manner. However, this is not always what happens. Disputes often arise in connection with the distribution of assets after someone passes away, but proper estate planning can help protect your interests and desires for how your property should be passed. Choosing the right estate planning instruments is important. Often, estate planning involves preparing a will. If you die without a will, Georgia’s intestate laws will dictate how your estate is to be distributed through the process of probate. Other instruments that may need to be created include durable powers of attorney, living wills, and trusts.

Wills

A will is an important estate planning tool. Wills are legal documents that allow you to set forth how you would like your estate to be handled. You may name beneficiaries and specify which assets they should receive. Certain formalities must be followed for a will to be enforceable under Georgia law. Wills must be signed in front of two witnesses, and the two witnesses are also supposed to sign the will in front of the testator. You can make a will self-proving by getting it notarized. Georgia law permits valid wills by testators who are 14 or older, and it also permits oral wills under some circumstances.

Trusts

Many aging individuals make legal arrangements that put certain assets into a trust, in which they are maintained until a specified event that triggers their distribution to beneficiaries. The trust is separate from the grantor who creates the trust, and the person who oversees it is known as a trustee. Our firm can help you create a trust that takes care of your estate planning needs. Unlike wills, trusts are not subject to probate. Trusts can be revocable, meaning that they can be modified or even revoked during a grantor’s life, or trusts can be irrevocable, meaning that they are permanent. There are different kinds of trusts, set up for different purposes and defining different roles and duties. Some trusts are set up for a special purpose, such as a Special Needs Trust for a disabled child who may need special care as an adult.

Probate and Estate Administration

Atlanta probate attorney Kasey Libby not only can set up and organize your estate in a way that maximizes benefits for you, but he also can see wills through probate and handle any litigation that may arise in connection with this process. He has helped many clients with the probate of wills, the administration of intestate and testate estates, petitions for letters testamentary, caveats, and objections to administrators and executors. Our firm understands that dealing with the death of a family member can be emotionally taxing, and it can be overwhelming to have the responsibility of winding up a loved one’s personal affairs. When entrusting probate and estate administration to an attorney, it is vital to choose someone whom you can trust to handle critical and sensitive matters. Our experience allows us to probate an estate in an efficient, orderly, and compassionate way that saves the resources and time of our clients.

Probate and Estate Litigation

Even when careful planning is undertaken prior to death, significant disputes can arise in connection with probate and estates. Often, these disputes are between family members. We can discharge the estate administration duties of an executor or personal representative, and our Atlanta probate lawyer also can represent you in probate and estate litigation. Probate and estate litigation may involve will contests and trust contests. We represent heirs and beneficiaries, as well as executors, personal representatives, and fiduciaries. Trustees owe a fiduciary duty to beneficiaries, and when they fail to live up to their fiduciary duty, it may be possible to bring a breach of fiduciary duty claim. These claims may be brought on various grounds, including self-dealing, conversion, and misappropriation.

Will Contests

A common type of probate and estate litigation is a will contest. We represent heirs, beneficiaries, personal representatives, executors, and administrators in will contests. Will contests may be brought on the grounds of fraud, undue influence, lack of capacity, a failure to follow formalities, or a later-executed will. A testator must have testamentary capacity to execute a valid will. When there is evidence of Alzheimer’s, dementia, or another impairment at the time that a will is executed, this may provide a basis to bring a challenge to the will. In other situations, you may wish to retain a probate attorney in the Atlanta area to bring a will contest if you believe that a witness’ name was forged or that a notary public’s signature was forged. Under Georgia law, a decedent’s surviving spouse and minor child are entitled to a certain amount of the estate. If they were left less than the statutory minimum, it may be possible to petition for a year’s support.

Guardianships and Conservatorships

Some adults become incapacitated and can benefit from the help of a probate guardian. Our firm can work with you to set up a guardianship or petition for a conservatorship. Georgia recognizes two kinds of guardianships. The first is a guardianship of the person. The second is a guardianship of the estate, which is also called a conservatorship. Sometimes different people are set up as guardians and conservators if both are needed. Any adult without a conflict of interest may apply to be a guardian or conservator, but usually spouses and blood relatives are considered first when determining whom to appoint.

Retain a Probate Lawyer in the Atlanta Area

Estate planning and probate can be emotionally challenging for everyone involved. It is important to choose a loyal and dependable attorney. Kasey Libby represents clients throughout Georgia from Union County to Camden County, all everywhere in between including Cherokee, Forsyth, Fulton, Cobb, DeKalb, Gwinnett, Fayette, Henry, Bibb, Glynn and Forsyth Counties. Call us at (404) 445-7771 or complete our online form.