Schedule Your Estate Planning Consultation OR "Don't Go Broke" Strategy Session 404-549-5001
125 Clairemont Ave., Suite 550,
Decatur, GA 30030
Schedule Your Estate Planning Consultation OR "Don't Go Broke" Strategy Session 404-549-5001
125 Clairemont Ave., Suite 550,
Decatur, GA 30030
No. A power of attorney dies the moment the person who signed it dies. Every bit of authority it gave you ends at that instant, and using it after death, even to pay a legitimate bill, can create real personal exposure for you. Authority after death comes from the probate court, not from the documen
Order more than you think you need. Ten to twelve certified copies is reasonable for an estate with several accounts, and fifteen is not excessive if there is real property, multiple institutions, or a business interest. Most organisations keep the original they are given and will not return it, and
Joint Tenants with Rights of Survivorship means two or more people own the property together, and when one dies their share passes automatically to the surviving owners without going through probate. All owners have equal rights to the whole property during life. The survivorship feature is powerful
Tenants in common means two or more people own the property together, each holding a distinct share that can be equal or unequal. There is no right of survivorship. When one owner dies, their share passes through their estate to whoever their will directs, or to Georgia’s intestacy heirs if there is
Look for the exact phrase “Joint Tenants with Rights of Survivorship.” Georgia requires that specific wording. If your deed does not contain it, the property is most likely held as Tenants in Common, which means a deceased owner’s share passes through their estate rather than automatically to the su
A Petition for Year’s Support lets a surviving spouse or minor child claim property from a deceased person’s estate for their support, filed in the probate court where the decedent lived. In the right circumstances it is dramatically faster and cheaper than full estate administration, and it can tak
You generally cannot simply change the locks. Once someone has been living in the home, Georgia treats removing them as a legal process rather than a self-help matter. The right route depends on whether an executor has been appointed, whether the occupant has any ownership interest, and whether they
Telling your family who should raise your children does not bind a court. Without a legal nomination in your will, a judge decides among whoever comes forward, using their own judgment about your child’s best interests. Naming a guardian is the single most important reason for a young parent to have
It depends entirely on how the assets were owned. Probate is generally required for anything held in your loved one’s name alone with no beneficiary and no joint owner. It is often not required where everything passed by beneficiary designation, survivorship, or a funded trust. Answer this question
File it with the probate court anyway. Georgia law requires the original will to be filed in the county where the person lived, even when no probate is opened. It is called placing the will on record. It does not start probate, it costs very little, and failing to do it can cause real problems years
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