There are common misconceptions about what happens to our assets after death. One is that the sole act of a person writing a will during their life is enough to pass ownership of assets from one person to another. Another misconception is that simply telling your loved ones your final wishes will ensure your assets pass on as you wish. Unfortunately, both assumptions are untrue.
What is true: If a person dies without a will, or their current will is found to be invalid, the laws of the State of Georgia determine how your assets will pass.
First, every person’s will, or Last Will and Testament, must meet certain legal requirements in order to be found valid by the probate court. If a will doesn’t meet these legal requirements, it’s essentially worthless in the eyes of the law, and Georgia law governs who receives your assets.
Second, the act of filing a will with the probate court only begins the probate process of changing the legal ownership of a person’s property from the person who has passed away to the people who will inherit their property. There is typically much more involved in completing the process of legally transitioning ownership from the deceased to the beneficiary.
At our firm, we have extensive knowledge of both the legal requirements to craft a valid and legally enforceable estate plan, as well as the legal proceedings that occur following a person’s passing.
Georgia Probate and Estate Administration Services
Trust and Estate Administration
When a person can’t decide who they would like to appoint to serve as their executor or trustee, we are willing to serve in those roles. Allowing a professional fiduciary, such as the probate attorneys at Brubaker Law, PC, to guide the probate process ensures your estate or trust is administered properly and in compliance with the law.
Advisory Services for Executors and Trustees
There are many questions when a person is appointed to serve as executor or trustee, especially if they have never served as a fiduciary before. Count on the probate attorneys at Brubaker Law, PC, to provide sound counsel to help navigate any issue that may arise.
Year’s Support
Year’s Support is an excellent tool that may be used in the probate process to allow the surviving spouse and any minor children to have assets set aside for their benefit. It also avoids certain taxes and passes real estate into their name. Brubaker Law, PC, probate attorneys are experts at utilizing Year’s Support to help loved ones weather the storm after a death occurs.
Adult and Minor Guardianships and Conservatorships
When a person lacks the ability to make their own decisions, also known as incapacity, a representative must be appointed on their behalf. Whether the person is a child or an adult, and regardless of the type of representation needed, we have the expertise to navigate the issues that can arise when petitioning the probate court to be appointed guardian or conservator of someone in need.
To schedule a free initial consultation with an experienced Georgia probate attorney, please contact us by emailing Ben@BrubakerLawPC.com or calling (706) 524-8651.
Brubaker Law, PC helps you and your loved ones handle personal injury, estate planning, probate & estate administration, and small business planning. We welcome you to contact our office in Comer, Georgia, to learn more about how we can help address your legal needs. While our firm serves the residents of cities like Athens, Colbert, Lexington, Danielsville, Elberton, and surrounding towns and counties, we also offer virtual meetings for convenience. If you have questions or concerns about your legal issue, please don’t hesitate to contact the attorneys with Brubaker Law, PC, to become a part of the Brubaker Law family.