The Georgia Probate Law Handbook

1y ago
2 Views
1 Downloads
2.83 MB
62 Pages
Last View : 1m ago
Last Download : 2m ago
Upload by : Matteo Vollmer
Transcription

1

1THE GEORGIA PROBATE LAW HANDBOOKFirst EditionByErik BroelBroel Law Group, LLCCopyright 2014 Broel Law GroupMarietta, GeorgiaAll Rights rm.com

2TABLE OF CONTENTSTitle Page1Table of Contents2Introduction3Who We Are, and Why We Do What We Do7Section 1: The Nuts and Bolts of Georgia Probate Law9Key Probate Concepts and Terms10Uncontested Situations17Estate Administration18Trust Administration22Contested Situations27Estate Disputes28Trust Disputes33Section 2: Organizing Your Life for Simplicity and Ease DuringYour Estate or Trust Case37Gain Control of Your Life and Business to Focus Effectively38Take Care of Yourself Physically and Emotionally After the Lossof a Loved One40Preventing Your Case from Taking Over Your Life Or Becominga Full Time Job42For Executors and Administrators: How to Manage the Estate So ThatYour Family Does Not End Up Hating and Distrusting You44Frequently Asked Questions46Section 3: Choosing and Working with a Georgia Probate Law Firm48How to Decide Whether You Need Professional Legal //www.georgiaprobatefirm.com

3INTRODUCTIONWelcome, and thank you for reading this book.Perhaps you just lost a spouse or a parent, and you're feeling confused or helplessabout what steps you need to take to regain control of your household. Or maybe arelative, heir, or other person has taken property from the estate of a loved one, andyou want to stop this wrongdoing. In any case, you know you need help.Right now, you may be in the midst of one of the most challenging times of your life.Maybe you know you need answers, but you're not even sure what questions to askand in what order. Maybe you feel driven to do something: you're not sure what todo or how to do it, but you want it done the right way.You also want fair, compassionate treatment for yourself and for your loved ones -- asmooth process that is as simple, clear and stress-free as possible.As attorneys who focus exclusively on helping people with Georgia probate, estateand trust matters, it is our mission to make probate easier for you, so that youconcentrate on your life, breathe easier and protect the wishes of your loved one.This book is a general guide to the Georgia probate law process -- a "20,000 feetperspective," if you will. We wrote it to give you information you need to know, soyou can understand the legal landscape and make better decisions, without feelingoverwhelmed. It is by no means comprehensive, and if you have questions aboutyour situation, you should seek the advice of a qualified probate attorney. That said,we hope this book helps you.Here's a quick guide to what we will be irm.com

4Section One - The Nuts and Bolts of Georgia Probate LawKey Probate Terms and Concepts; and Dealing with Urgent ProjectsThe language and legalese used in Georgia probate cases can be confusing. We'lldefine key terms and ideas, so you have enough familiarity with them to make senseof your case. We'll also review what must be accomplished after someone dies -how you need to deal with the property and finalize affairs, either through estateadministration or trust administration.Estate AdministrationThe process of settling the estate is formally known as “estate administration.” Even ifyou're not stuck in a dispute, it is a stressful process, and you have a lot on your plate.The estate administration process is a busy process. You may need to reconstructyour loved one’s financial dealings, catalogue their assets, pay debts, sell property,transition the family business and more. The administration also must comply withGeorgia law. We will walk you through some of the most common things thathappen during an uncontested estate and what you should expect.Trust AdministrationEvery Georgia trust is unique, and the specifics of the trust will influence how itshould be administered. The “trustee” – i.e. the person who manages the trust – istasked with honoring the wishes of your loved one, ensuring fair treatment ofbeneficiaries, keeping the peace among heirs, following the trust’s directives, andadhering to Georgia law.Estate DisputesFights over the estate can create or worsen tension in the family and cause harm torelationships that can last for years. Perhaps a wrongdoing executor or administratorhas seized control of the estate and has refused to disclose critical details about yourloved one's finances, or maybe a potentially fraudulent will has sparked a dispute. Wewill teach you about common causes of disputes and potential solutions to obatefirm.com

5Trust DisputesTrust administration does not always go smoothly. A beneficiary may be upset withthe actions (or inactions) of the trustee. For instance, perhaps the trustee has refusedto respond to your inquiries, or maybe the reports he or she prepared do not lookright. Or maybe he or she has been making more distributions to some beneficiariesthan others. We will cover the common scenarios so that you can work to resolvethe dispute and protect your interests and needs.Section Two - Organizing Your Life for Maximum Simplicity and EaseDuring ProbateThis section will provide strategies and tips for how you can gain control of the lifeand business challenges stirred up by the probate process; take care of yourselfphysically and emotionally; manage your workload; and prevent your case fromtaking over your life or becoming a full time job. We'll also provide insight about howadministrators and executors can work in collaboration with heirs and beneficiaries.Finally, we will address common questions and concerns that our clients typicallyhave. The FAQ section can serve as a reference for you throughout your case.Section Three - Choosing and Working with a Georgia Probate LawyerIn this section, you'll learn how to determine when you need professional help, andhow to establish effective criteria to pick the right legal representative for yoursituation. We'll discuss how to get the best results and how to avoid stress and ensureseamless batefirm.com

6The Journey Towards Clarity and PeaceWe hope this book gives you more clarity than you have now, and we want toreassure you that there is light at the end of the tunnel. The probate situation won’talways feel this stressful and hard, and you can come out of this experience feelingempowered, resolved and back in rm.com

7WHO WE ARE, AND WHY WE DO WHAT WE DOWe want to protect you from wasting your time, money and energy. We want theprocess to be fair and to respect the wishes of your loved one. If you're feeling lost orembarrassed about what to do, you are not alone – many others have felt exactly thesame way. The good news is that you can get a solid team behind you to makethings simpler and easier to manage.Our team at Broel Law Group is dedicated to making the process of settling an estateor trust as simple, easy, and stress free as possible for our clients. When disputesarise, our team jumps into action to get our clients the best results possible basedupon the client’s unique situation and goals.To learn more about what we do, please visit our website, follow us on Twitter, likeus on Facebook, add us on Google , email Team@BroelLawGroup.com, or contactus by telephone at (770) 833-7554.Broel Law Group, LLC3417 Canton RdBuilding 2Marietta, GA 30066(770) 833-7554About ErikErik Broel is the founder of Broel Law Group, LLC. The firm is based in Marietta,Georgia, an Atlanta suburb, and the members of the firm’s legal team travelthroughout the state to assist with estate and trust cases. Erik and the other attorneyson our team are members in good standing of the Georgia Bar Association and areadmitted to practice before all of the Georgia courts in addition to the United StatesDistrict Court of the Northern District of rm.com

8A Passion for ProbateWhen Erik was in college, he received tragic news that one of his uncles had passedaway. An aunt that Erik was very close to growing up was left widowed, and had tosettle his uncle’s estate.Unfortunately, Erik's uncle didn’t have a will, and his aunt had no idea how to handlethe matters of the estate. The family situation was complicated by the fact that hisuncle had two children from a previous marriage. A dispute erupted, causing chaos inthe family. Erik watched his aunt struggle to put on an estate sale and sell off many of“her” possessions, at a time when she should have had sanctity and peace to grieve.He watched his aunt have to buy back her house from the estate, because his unclehad put the title in his name, so it had to be sold for his children to get theirinheritance. The situation so overwhelmed his aunt that she could no longer evenstand, and she had to be pushed around in a wheelchair.That experience left an indelible mark and spurred Erik on a path to help others avoidprobate problems and disputes. At times, painful personal experiences can sparkpositive growth, and Erik considers his work as a way of honoring his aunt and otherslike her.Erik and his team love to coming to work every day, because they have a compulsiveneed to make things better and to be a positive force for change in Georgia andbeyond. Out of the office, Erik loves reading great books, practicing kickboxing andwatching UFC.He lives in Marietta with his wonderful wife, two young children and two com

9Section 1:The Nuts and Bolts ofGeorgia Probate m

10KEY PROBATE CONCEPTS AND TERMSLegal EmergenciesIt's likely that you feel a great sense of urgency to “do something” to get a grip onyour probate responsibilities, whatever they may be, and prevent details from fallingthrough the cracks. This feeling is completely normal, and many of our clients feltthe same way when they first came to us.It is important to make a distinction between a feeling of urgency and a true legalemergency. In an estate or trust situation, a legal emergency is a situation where:Someone is currently taking assets, property, money, or sentimental items from theestate or trust;A creditor is seeking to foreclose on or repossess property of the estate or trust, suchas a vehicle or home;The deceased was a partner or owner of a business that is still operating; orYou have an impending court deadline or hearing date.If any of those circumstances apply to your situation, you must take immediateaction. We strongly recommend contacting a probate law firm for assistancebecause there are a lot of decisions that must be made and actions that must betaken very quickly to preserve the estate and your rights. If you decide to call ouroffice, please let our staff know that you have an emergency situation, and our teamwill take appropriate actions to expedite your case.If you are not in an emergency situation, I would encourage you to read on and finishthis book to make sure you have all the information you need to make the bestdecisions for your situation. I have found that the clients who get the best results arethe ones who educate themselves so that they understand the legal landscape andestablish solid goals at the beginning of the rm.com

11Probate -- The BasicsLet's begin by defining key concepts in simple language, so you'll know better whatyou need to do and why.Technically, probate means to prove the will. While the process of settling an estate istypically called probate, it is actually more accurate to describe it as estateadministration. That said, we will use "probate" in this book the way it is commonlyused -- to mean the process of settling an estate.Why Probate ExistsWhen someone dies, he or she often leaves behind a diverse portfolio of assets, suchas real estate, vehicles, investments, art, jewelry, and more, as well as debts, likeunpaid loans, taxes, mortgages, credit card debt, and other liabilities. The person whodied may have also left instructions in the form of a will to bequeath these assets toloved ones, friends, and/or institutions. Probate exists to provide an organizedprocess to determine who is supposed to get what from the estate, and in whatorder, to prevent chaos and ensure fairness.Three Phases of ProbateEvery estate, no matter how large or how small, will go through three basic phases.Obviously, the larger an estate is, the more complicated these phases become.Phase 1: Appointment.The goal of this phase is to get someone appointed by the appropriate court tomanage the estate. If there is a will, we usually call this person an executor. If thereis no will, we would call them an administrator. Executors and administrators arecommonly referred to collectively as a personal representative of the estate. Thepersonal representative has a lot of decision making power, and this selection hasimportant consequences as the process moves rm.com

12Phase 2: Administration.In this phase, we do the work that is typically thought of as settling an estate. Forexample, we determine what we have, how much it is worth, who is owed money,how much they are owed, who should inherit what is left, what property can be sold,what property must be sold, what to do with sentimental items, and much more. It isimportant to note that the person appointed by the court to manage the estate inPhase 1 will be responsible for making sure all of these things are done correctly, andthat Georgia law is followed. In addition, that person will have sole decision makingauthority to determine what items are sold, and what items are kept, within reason. Ifa dishonest or untrustworthy person is appointed to manage the estate, he or shecan do a lot of damage to the estate in this phase unless a family member or someother interested person takes action to stop them.Phase 3: Discharge.The goal of the final phase is to close the estate. In Georgia, we do that bydischarging our executor or administrator. If this is done right, then the executor oradministrator can take advantage some extremely strong liability protection offeredby Georgia law. If that happens, then the executor will be shielded from liability foranything that he or she did, or did not do, while the estate was open. If you areconsidering serving as an executor or administrator, this is great news because theend of the process can truly be the end of the process – no need to look over yourshoulder for years to see if anyone comes after you for what you did while managingthe estate. On the other hand, if you are concerned about what the executor oradministrator in your situation may be doing, this strong liability shield means thatyou must take legal action to protect your rights before the estate is closed.Otherwise, you run the risk of never being able to set things right.An estate could proceed through each of these three phases completelyuncontested, and without much court action of any kind. Or, a conflict could eruptduring any of the phases – each phase has different opportunities for someone tochallenge the actions of the personal representative, or otherwise let the court knowthat something is not right. There are different advantages and disadvantages tofiling (or defending) an objection at each stage of the process, rm.com

13Property Subject to ProbateJust because the deceased had an interest in an asset does not mean that asset willbecome a part of the probate estate. If your loved one owned a classic Ferrari, the carwould likely be classified as a probate asset. But let's say he or she owned a title tosome farmland with someone else, such as a spouse. If the couple had a jointtenancy arrangement -- assuming the spouse had survivorship rights -- the spousecould automatically acquire the farm without going through probate, although someother filings would be necessary.Once of the first things that must be done in Phase 2 of an estate is to classify thevarious assets as probate assets or nonprobate assets according to Georgia law.Length of ProbateThe length of the process will depend on many factors, including the diversity andscope of the estate, the nature of debts or taxes to be paid (if any), the competenceof the personal representative, whether disputes break out or not, and other factors.In general, however, an uncontested estate can be completed in about a year toeighteen months by a competent personal representative. That time can beshortened to as little as six months with good professional help.Other Key Terms and Ideas Beneficiary. A person or institution named in the will to inherit assets from theestate. Creditor. An individual or company to whom the deceased owed money at thetime of death. Heir. Someone who, by Georgia law, will inherit from the estate if no valid willcan be .com

14 Intestate. When someone dies intestate, it means the person did not have avalid will. The estate is then distributed to its heirs, as defined by the Georgiaprobate statutes. Nomination. To become the executor or administrator of an estate, a personmust first be nominated, then qualified by the court, and then take an oathbefore the probate court. Personal Representative. A person nominated and appointed by the probatecourt to represent the estate and make decisions on its behalf. If your loved oneleft a will, the representative is called an executor. If not, this person is known asthe administrator. Petitioner. A person who files a petition with the probate court, seeking someaction from the court. Testate. When someone dies “testate,” it means the person had a valid will. Theestate would then be distributed to beneficiaries named in the will. Will. A document that specifies a person's wishes for how his or her estateshould be divided up among beneficiaries.Action ItemsBelow we have compiled two lists of action items. The first list has items that you willwant to work on right away. The second list contains items that must be handledeventually, but are not as urgent as the items on the first list.What to Do Now: Action Items to Address Right Away1. Find out whether your loved one left a will.The person in possession of the will legally must present it to the appropriate probatecourt. The will might be in an obvious place, such as a safe deposit box or a om

15safe, or you may need to look for it. Your loved one’s financial advisor, doctor orlawyer might be able to help you.2. Submit a claim for your loved one’s life insurance policy.The carrier can give you the forms to file a claim. The insurer may wait until probateis in Phase 2 to process it if the beneficiary is no longer alive, or if the estate itself hasbeen named as a beneficiary.3. Identify other urgent/critical projects.For instance, perhaps your loved one was a business owner or had young children.Ask yourself: could anyone or any institution be harmed by a lack of urgent action? Ifso, you may need to petition the appropriate probate court to take control of theestate or take other action on an emergency basis.Other Projects that Must be Completed1. Collect documents.Collect any other paperwork that might be important, such as bank statements,credit card statements, business documents and medical records.2. Survey the estate and take steps to secure and protect it.Catalog the estate’s assets, and protect them from early distribution. Georgia probatelaw is very strict about who should get what assets and in what order. The estate mayneed to pay creditors, for instance, as well as heirs and beneficiaries.3. Turn off utilities no longer being used.Stop paying for cable services, internet, newspapers and the alike to prevent needlessdepletion of the estate’s irm.com

164. Secure the estate’s property, vehicles and assets.Call the home insurance company, for instance, to alert the carrier that no one’sliving in the home anymore. Call the car insurance company to inform the carrier thatno one’s driving the car. Protect vehicles, property and other assets from badweather, theft, vandalism, etc. In addition, secure jewelry, equipment, art and othercritical assets. Do not hand out property to beneficiaries at this point, even if they asknicely!5. Plan to open the estate.The petition that you will need to file will depend on whether your loved one left awill or not, among other factors. Without an order from the court to open probateofficially, you may not be able to discuss your loved one’s accounts with creditors orbanks.That’s an overview of some of the immediate actions to take following the loss of aloved one. Although there are more things to do, that list will get you started in theright direction.Now let's turn our attention to uncontested situations, and the crucial topics of estateand trust obatefirm.com

17UNCONTESTED SITUATIONSAn uncontested estate is one in which the family is in agreement, and no one files anobjection with the court. The person who died could have left a will, a trust, both awill and a trust, or neither of them. What happens during these situations, and whatdo you need to know and do?In this section, we will define estate administration and trust administration,explaining what these concepts mean, clarifying important terms, explaining whoruns these processes and what they do, providing general rules for making theseprocesses work and describing the consequences if/when problems occur irm.com

18ESTATE ADMINISTRATIONEstate administration is the process of transferring property from the estate ofsomeone who has died to other people and institutions in an orderly fashion thatcomplies with Georgia law. Creditors, heirs and beneficiaries may all be entitled to apiece of the estate. A personal representative of the estate, appointed by probatecourt, runs this process.Here are key terms to know: Executor. If the deceased left a will, then the probate court will appoint a personknown as an executor to protect the estate and distribute its assets. Administrator. If the deceased did not leave a will, then the probate court willappoint an administrator to run the estate under the default provisions ofGeorgia estate law. Creditors. Institutions and people to whom the estate owes a debt. Beneficiaries. If the deceased left a will, these are the people and institutionsnamed in the will to inherit from the estate. Heirs. If the deceased did not leave a will, these are the people whom Georgialaw determines should inherit from the estate.Who Manages the Estate, and What Do They Do?The personal representative (either the executor or administrator) handles manyprojects, such as: Finding, valuing and inventorying the deceased’s assets and property; Finding heirs and beneficiaries and informing them of what's in the will or whatthey are entitled to get under state law; Determining what property of the estate will be sold and what will not be com

19 Selling estate property to generate the maximum possible return; Dealing with creditors, determining the validity of claims, negotiating debts, andpaying creditors in the order prescribed by Georgia law; Distributing assets and property, based on the instructions in the will or Georgialaw; Filing legal documents with the court and other agencies, such as income taxand estate tax returns; Making other decisions regarding the estate and estate property; Ensuring that all parts of the estate administration process are performed inaccordance with Georgia law.General Rules for a Smooth, Swift Estate AdministrationDignity and RespectThe estate administration process should respect your loved one's wishes and ensuredignity.Compliance with Georgia LawLegal compliance is important because it avoids trouble with the probate court and ithelps complete the process swiftly and without unnecessary costs to the estate. If theexecutor or administrator does not follow Georgia law, the heirs or beneficiaries canseek to hold the personal representative responsible in the probate court. When allthe rules are followed properly, though, we find that it helps families achieve closureand prevents people from having to revisit the process months or years later.FairnessEmotions can run high among family members and heirs, even during anuncontested estate. For instance, the executor or administrator may make irm.com

20decisions, or a relative may feel left out and get angry. A fair process can bring familytogether and can even be quite healing.One of the best ways to ensure that all involved feel that the process is fair is for theexecutor or administrator to be transparent with the estate’s business, and explaintheir rationale for making decisions, especially unpopular ones.CompletenessIf all parts of the estate are not fully administered, or if any necessary work is leftundone, it will come back to haunt the heirs and beneficiaries later. So make a list ofanything that must be done, and make sure every item gets completed.ControlOften, the estate process can bring about feelings of things being out of control.Many people feel a great urgency to “do something” -- they cannot feel calm untiltheir loved one is laid to rest and the estate has been settled. Spend time thinkingabout what you and your family need to feel back on track. Maybe you need“turnkey” assistance with estate administration -- to be relieved of the burden ofdealing with it. Or maybe you just need appropriate scaffolding -- the right kind ofassistance at the right time. Or maybe you need something in between. Whateveryou decide, there are resources available to assist you.Dianne’s Story -- The Middle Child Keeps the PeaceHere is a fictional story to illustrate what can happen during the estate administrationprocess.38-year-old Dianne Alexander recently lost her mother in a car accident. As themiddle child, sandwiched in between two brothers, Dianne had always been the"glue" holding her family together, keeping the peace and making sure everyonestayed connected. Dianne's mother was an itinerant musician who remarried severalyears ago. Her brothers resented their stepfather at first, but Dianne hosted aweekend at her Atlanta cottage two years ago that helped the family com

21At the time of her mother's passing, everyone was on good terms. Dianne's mothernominated her in the wi

Broel Law Group, LLC 3417 Canton Rd Building 2 Marietta, GA 30066 (770) 833-7554 About Erik Erik Broel is the founder of Broel Law Group, LLC. The firm is based in Marietta, Georgia, an Atlanta suburb, and the members of the firm's legal team travel throughout the state to assist with estate and trust cases. Erik and the other attorneys

Related Documents:

May 02, 2018 · D. Program Evaluation ͟The organization has provided a description of the framework for how each program will be evaluated. The framework should include all the elements below: ͟The evaluation methods are cost-effective for the organization ͟Quantitative and qualitative data is being collected (at Basics tier, data collection must have begun)

Silat is a combative art of self-defense and survival rooted from Matay archipelago. It was traced at thé early of Langkasuka Kingdom (2nd century CE) till thé reign of Melaka (Malaysia) Sultanate era (13th century). Silat has now evolved to become part of social culture and tradition with thé appearance of a fine physical and spiritual .

On an exceptional basis, Member States may request UNESCO to provide thé candidates with access to thé platform so they can complète thé form by themselves. Thèse requests must be addressed to esd rize unesco. or by 15 A ril 2021 UNESCO will provide thé nomineewith accessto thé platform via their émail address.

̶The leading indicator of employee engagement is based on the quality of the relationship between employee and supervisor Empower your managers! ̶Help them understand the impact on the organization ̶Share important changes, plan options, tasks, and deadlines ̶Provide key messages and talking points ̶Prepare them to answer employee questions

Dr. Sunita Bharatwal** Dr. Pawan Garga*** Abstract Customer satisfaction is derived from thè functionalities and values, a product or Service can provide. The current study aims to segregate thè dimensions of ordine Service quality and gather insights on its impact on web shopping. The trends of purchases have

The Legal Framework of the Office of the Probate Judge The Administrative Functions of the Probate Judge The Judicial Functions of the Probate Judge The Functions of the Probate Judge as Chairman of the County Governing Body Alabama Law Institute The Law Revision Division of Legislative Services Agency www.lsa.state.al.us

Chính Văn.- Còn đức Thế tôn thì tuệ giác cực kỳ trong sạch 8: hiện hành bất nhị 9, đạt đến vô tướng 10, đứng vào chỗ đứng của các đức Thế tôn 11, thể hiện tính bình đẳng của các Ngài, đến chỗ không còn chướng ngại 12, giáo pháp không thể khuynh đảo, tâm thức không bị cản trở, cái được

Rule 7.4. Waiver of rules in probate proceedings Rule 7.5. Waivers of court fees in decedents’ estates, conservatorships, and guardianships Rule 7.10. Ex parte communications in proceedings under the Probate Code and certain other proceedings Rule 7.1. Probate Rules The rules in this title may be referred to as the Probate Rules.