WILLS, TRUSTS &
ESTATES
What is Probate?
Probate is the court-supervised legal process used to administer a deceased person’s estate. In Georgia, it involves validating the will (if there is one), appointing an executor or administrator, identifying assets, paying debts and taxes, and distributing the remaining property to heirs or beneficiaries. While some assets may pass outside of probate, most estates require court involvement unless they qualify for simplified procedures.
Common Estate Situations
A will ensures that your wishes are carried out after your passing. While not strictly necessary, it greatly helps reduce the cost, time, and litigation associated with an estate.
Wills
1
Trusts are legal arrangements that allow a person (the grantor) to transfer assets to a trustee to manage for the benefit of named beneficiaries. Unlike wills, trusts can avoid probate, offer greater privacy, and allow for ongoing asset management during incapacity or after death.
Trusts
2
Intestate means dying without a valid will. In Georgia, when someone dies intestate, the probate court distributes their assets according to state law rather than the person’s wishes. This usually prioritizes spouses, children, parents, or other close relatives.
Intestate
2
My Projects
The Importance of Pre-Planning
While no one wants to think about such things, it is critical to preplan for end of life events to ensure your family is not left dealing with the consequences.
Estate Litigation
Unfortunately, conflicts can arise even in close families. Common disputes involve will contests and claims of undue influence or lack of capacity, trust disputes and breach of fiduciary duty, accounting disputes and allegations of mismanagement, and beneficiary rights and inheritance challenges.
Advanced Healthcare Directives
A will or power of attorney can no longer be used to make determinations of your healthcare decisions. If you have specific instructions regarding your healthcare in emergency situations, including who should act as your healthcare agent, you must have an Advanced Healthcare Directive already drafted.
Durable Power of Attorney
While a healthcare directive controls your medical decisions, a durable power of attorney permits a trusted agent to make decisions in your personal and financial life, even if you become incapacitated. Without such, your accounts can be frozen, your assets wasted, and your estate mismanaged.
Why It Matters
Proper estate planning is essential in ensuring your family is cared for and avoids unnecessary conflict, minimizing probate delays, reduce costs, and ensure your wishes are respected.
COMPASSIONATE EXPERIENCED
CONTACT US
At Gorinshteyn & Watkins LLC, we understand the complexities surrounding estate administration and end of life planning.
If you’re planning your estate or navigating the legal process after a loved one’s passing, we’re here to help. Our firm provides trusted counsel for wills, trusts, probate, and estate administration throughout Georgia. Whether you need to create a plan or resolve a dispute, we offer clear guidance, responsive service, and peace of mind.
Contact Gorinshteyn & Watkins, LLC today for a free consultation. Our experienced attorneys are ready to provide candid, practical advice for your matter.