Probate can be tough. It gets even tougher when there’s no will, or when family members disagree about who’s related to the deceased. These disputes often revolve around heirship – the legal term for family relationships. When someone dies without a will, Georgia law determines who inherits their assets. But what happens when someone claims...Read More

Probate is an essential legal process. While it might seem complex and daunting, understanding what goes through probate can significantly aid in planning to protect your assets and provide clarity for your loved ones. Understanding probate Probate is a court-supervised process. It verifies the validity of a will and oversees the distribution of assets. If...Read More

Many issues arise when your last parent passes away if that parent does not have a will and has more than one child. Over 70% of the people pass away without a Will. Therefore, it is most likely your family will face this situation one day. Sometimes, the most straightforward answer is to let the...Read More

We proudly announce that Mark Stuckey succeeded in his first jury trial on Wednesday, February 7th. Mr. Stuckey began the morning by calling jurors about a will contest matter. After the judge issued rulings on several key evidentiary matters, the opposing council sought an opportunity to settle the case after six years of litigation. We...Read More

What do you do when you think your parent has lost mental capacity and you are concerned about someone taking advantage of them? First, you need your parent’s doctor to examine her to determine whether your parent is competent. The family doctor may refer her to a neurologist for further cognitive testing. If the doctor...Read More

We recently assisted a client who was attempting to overturn his father’s will. The father and his son (our client) had had a falling out and were  not speaking to each other at the time the father executed his will. However, at some point after the will was executed, the father and son made amends....Read More

The Federal government has announced increases in the amount of contributions that can be made to an ABLE account. If you or a loved one is the beneficiary of an ABLE account, you and others can contribute up to $17,000 in 2023 to that ABLE account. This is good news for all who are eligible for...Read More

We are pleased to announce a victory in Hall County Probate Court, where a jury found our client’s will to be valid. The will was created by a woman who had one child who had left her estate in trust for her child with the exception of two small bequests to her nieces. The child...Read More

Many of us know people who have dedicated their lives to caring for elderly parents, other family members or acquaintances with disabilities. It is a continuous, unrelenting, and sometimes thankless job. For non-caregivers, it often feels like someone else’s problem. As attorneys, with a primary focus on elder care, estate planning and probate work, we...Read More

August is National Make-a-Will Month.  Now, I’m not sure who comes up with these various national celebrations each month, but because it’s Make-a-Will month I feel compelled to discuss with you the often-overlooked advantage of having a Will. If you have minor children, a Will is the only means you have available by which you...Read More

  There comes a time in many of our lives when we believe our parents are unable to care for themselves any longer. If you are in that situation, you should understand what you can do outside of having legal authority over your parents and what you can do if you have a court Order. ...Read More

If someone dies leaving an original Will in your possession, Georgia law requires that you file the Will with the probate court in the county where the deceased person resided. However, the law does not require you to file the Will for probate.  This decision must be made after carefully considering what assets are in...Read More

Did your lawyer pay proper attention to your needs when you last had your will revised? Many lawyers advertise that they specialize in estate planning.  Many of these lawyers advertise an extremely low price for estate planning.  While it is important to pay as little as necessary for any goods or services, it is more...Read More

As you approach age 62, you should be consulting with a financial planner to help you make the correct decisions regarding Social Security benefits to which you are entitled as a result of your years of hard work. Age 62 is when you can first begin receiving Social Security benefits, generally speaking. However, you can...Read More

With the Supreme Court pronouncement that an individual has an absolute right to marry any other individual, estate planning has become more complex in some instances, and much easier in others. The Supreme Court ruling has no effect on people who are legally married. The states historically have laws that allow spouses and children to...Read More

Many people believe they have their affairs in order by creating a Will that explains how they wish their assets divided at their death. Unfortunately, some people will suffer from some type of incapacity, either physical or mental, during their life. Few people have prepared a durable financial power of attorney to address that particular...Read More

You may have executed a will and consider that you have done all of the estate planning that you need to do. Unfortunately, wills only become effective after you die. Prior to your death, you may become incapacitated and unable to make decisions for yourself. This is where an Advanced Health Care Directive (AHCD) becomes...Read More

With the ever-changing tax environment, many people have wills that not only are outdated, but could be very harmful to the surviving beneficiaries. With the estate tax exemption amount, $1M and under, many people set up their estate plan to provide money being paid into what were called family shelter trusts.Read More

We are pleased to report that we obtained a substantial victory for our clients in the case of Estate of Miya Mitchell.  In this case, sadly, an 11 year old girl was killed along with her mother in a horrible car crash. Read More

Have you recently remarried? Do you or your new spouse have children from a previous marriage? If so, it is time for you to review and revise your estate plan. In Georgia, when you die without a will, the state has laid out a scheme for distributing your assets among your heirs. Your heirs are...Read More

Whenever you start making plans for your estate, be sure to coordinate your Will with your various bank accounts that have named beneficiaries on them.  Many times parents place children on their bank account, but it is only so the children can pay bills for their parents. Read More

We are proud to report that we successfully defended our clients’ position, when their father attempted to omit them from his will.  The father prepared a new will at the insistence of one of his children. Read More

We are pleased to announce our successful completion in a recent case in which we were hired to represent the interest of the brothers and sisters of their deceased sister and her small child. Read More

The person who has passed away is identified as the decedent.  A person who is a relative of the decedent is called an heir.  A person who is left something in a will is a beneficiary. Therefore, you can be both a beneficiary and an heir.Read More