Estate Planning and Probate are Best Handled with the Help of an Attorney
The time after a loved one or relative passes away is difficult. Adding a lengthy legal process to the situation only makes it worse.
If you are an executor of a Will or have been chosen as an executor, you will want to work with an attorney who understands the legal help you need at this time. The same applies if you have a family member who died without a Will (it is called dying “intestate”). You will want an experienced attorney.
At Husser & Husser, P.C., we regularly handle estate administration and probate for people in Northwest Georgia.
We also can help you petition for Guardianship and Conservatorship for a minor child or adult who cannot make responsible decisions about their health, safety, and/or finances.
You will want to protect your legacy and your loved ones.
Estate Planning Does Not Have to be Complicated
Our attorneys can help protect your legacy, your family, and your property after you pass. Documents you may need include:
- Will: You state how you want your property distributed, designate someone to carry out the terms of your Will (an “Executor”), and name testamentary guardians for your minor children, if any
- Financial Power of Attorney: You name someone you trust to handle your finances and property if you are unable or incapable of doing so
- Advanced Health Directive: You are telling family and doctors how you want your health care to be handled, including end of life decisions, in the event you are unable or incapable of making those decisions. You also nominate someone (an “Agent”) to act on your behalf and carry out your instructions.
You also may talk with us about setting up a trust or other entity based on your specific needs and situation.
Probate and Estate Administration
When a person has a valid will and that person passes away, their estate, or portions of it, will go through the probate process. If a person died without a valid will, their estate, or portions of it, will go through an administration. Both processes require going through probate court.
The basic steps of the probate court process involving a will or administration include:
- Marshaling or gathering the deceased’s assets
- Paying any debts and/or taxes
- Distributing any remaining assets to the beneficiaries under the will or the heirs at law in an administration
We understand that the probate process can seem confusing and challenging. We are here to help navigate you through the process.
Guardianship and Conservatorship
A guardianship may be granted when a minor child needs to be cared for and their parents are unable to do so or deceased. More often, guardianship can be granted when you have an adult who is not capable of making significant responsible decision about their health and safety. A guardian can be appointed and that guardian has the authority to act on that person’s behalf. A guardian is like a parent.
A conservatorship is granted when a minor child inherits or receives property or when an adult is not capable of making significant responsible decisions about the management of their property. The Conservator is appointed to make those decisions and manage the minor child or adult’s property.
The responsibility for a Guardian and Conservator is among the heaviest under Georgia law. You will want an experience lawyer to guide you through this process.
Contact Us To Get Started
You don’t want to put off these legal concerns. Call (706) 842-2863 or reach us online to set up an appointment. Se habla Español.