Atlanta Probate Lawyer Blog

In my Atlanta, Georgia Probate Law firm, I see many instances where beneficiaries and heirs have waived their rights granted by Georgia law during probate proceedings. One of the areas that this occurs in is in relation to the inventory and accounting of estate assets. Executors and administrators are required to provide a complete inventory and accounting of the estate’s assets and liabilities within approximately six months from their appointment. Georgia probate law does not specifically require that six months is a strictly set period for an executor or administrator to complete this task. Thus, depending on the complexity and circumstances surrounding the estate, the court may allow more time for the task to be completed.

To compound the frustration of not knowing the exact timing to completion of this important step in the Georgia probate proceedings, beneficiaries and heirs of a Georgia estate oftentimes unknowingly waive their rights to have an inventory and accounting prepared. Administrators and executors are commonly trusted family members or associates of the deceased, and are not questioned fully when producing documentation requiring signature by the heirs and beneficiaries. In fact, most times these documents include releases and waivers that give the Georgia estate's executor or administrator significant leeway and discretion in performing their duties.

As a Georgia estate heir or beneficiary, whenever presented with legal documentation to sign during probate proceedings, it is important to retain an experienced Georgia probate lawyer to review the documentation and guide you in making the proper choices you are comfortable with. Express caution should be taken if you are asked to sign legal documents in front of a witness or Georgia Notary Public. Being pressured, even in a good-natured way, to sign documentation without having your lawyer review it first, should always be considered a red flag that indicates a potential issue. Under Georgia probate law, you are expected to have read and understood the documentation before signing and have the right to review the impact of signing the documents with a Georgia probate lawyer first. Should you not understand the documents your are presented with to sign, Georgia probate law states that it is incumbent upon you as an heir or beneficiary to an estate in Georgia, to seek out the meaning and ramifications of signing these documents. Some consider this a rather harsh stance, however, when the ball is in your court, you must take full advantage of this opportunity.

IN SHORT, YOU SHOULD PREPARE FOR THE WORST, AND HOPE FOR THE BEST!

In my many years as an Atlanta, Georgia probate attorney, I can emphatically state that I have never come across a Georgia beneficiary or heir who was disappointed because they were extremely cautious and/or overly prepared for any Georgia estate proceeding.

The fact is, you have certain rights as a beneficiary or heir involved in a Georgia probate proceeding. Always consult with a skilled Atlanta probate attorney before you sign any documentation wherein you might waive your rights under Georgia probate law. I would also be extremely hesitant to feel comfortable and trusting of the advice the executor or administrator’s attorney gives you. Remember, everyone involved in the estate proceeding has their own agenda. Likewise, you should have your own lawyer to assist you.

Continue reading "ATLANTA, GEORGIA, PROBATE LAWYERS URGE BENEFICIARIES AND HEIRS TO FULLY AND COMPLETELY UNDERSTAND THEIR RIGHTS, IN ANY GEORGIA PROBATE PROCEEDING, BEFORE WAIVING THEM" »

In my Atlanta, Georgia Probate Law Firm, I have represented many clients who require legal counsel well into probate proceedings. While, this is can be due to a lack of knowledge of the Georgia probate process, it can also stem from a number of other reasons such as negligent management of estate assets, self dealing, misappropriation of estate assets, or even intentional mismanagement of estate affairs. Over the course of my legal career, I have decided the list of reasons is endless.

Many of my clients are Georgia executors and administrators who have been assigned the difficult task of distributing the deceased’s estate. Confusion surfaces as these individuals face a complex set of fiduciary responsibilities (commonly referred to as fiduciary duties under Georgia law) and legal tasks, including the filing of legal documents to strict deadlines and other stringent legal requirements. Retaining legal advice from a Georgia probate law firm early on in this process is essential to successfully and efficiently collecting, managing, and distributing the estate’s assets.

Identifying, finding and gathering assets is one task that a Georgia executor or administrator is responsible for during the probate process. Transferring assets into the estate and assuring that payments are made on behalf of the estate are also duties that must be handled. In the process, it is the executor or administrator’s fiduciary duty to keep beneficiaries, heirs and any interested parties informed of certain milestones. In addition, court deadlines and the filing of legal documentation can be confusing. If any of these duties are incorrectly handled, despite the best intentions of the executor or administrator, disputes can develop between the respective parties, which have an interest in the estate. In a worst-case scenario, the executor or administrator can be held personally liable for mistakes make during the proceedings.

Without experienced counsel from a Georgia probate litigation attorney, probate proceedings can not only cause infighting among interested parties, but also slow the process down to the point that the proceedings drag on for an extended period. As time elapses and infighting intensifies, litigation becomes more likely. Heirs, beneficiaries, and interested parties usually cause the initial disputes. Oftentimes, Georgia probate disputes are sent to mediation ordered by the Georgia probate court. This has proven an effective way to resolve minor disputes without court proceedings or litigation. As executor or administrator, the nature of your primary fiduciary duty is to protect the estate’s assets and act in the best interests of all interested parties to the estate. So working to avoid, mitigate, and mediate conflict between parties is crucial and will speed up the process and likely keep you distanced from any breach of fiduciary duty accusations.

Continue reading "THE CHALLENGING ROLE OF EXECUTOR OR ADMINISTRATOR IN GEORGIA PROBATE PROCEEDINGS" »

In my practice as an Atlanta, Georgia probate lawyer, our firm has found that many clients involved in Georgia probate proceedings reside out of state or out of the country. Thus, they are likely are at a disadvantage concerning their particular legal situation and ability to be an intimate part in the Georgia probate proceedings in which they are involved. Please know you are not alone. We will ensure that your voice is heard and that all legal filings are made timely on your behalf. We will also ensure that you are not at a disadvantage with respect to the legal advice you receive. You will be quickly provided with documentation and information on all matters relevant to your case should this be your desire. Our lawyers and paralegals often e-mail entire files to clients via our scan and e-mail capabilities. In fact, you will likely receive letters and legal documents the same day we receive them.

The Atlanta, Georgia probate lawyers at The Adams Law Offices will ensure that you are not disadvantaged by being out-of-state. Our Georgia probate law firm clientele are located in over thirty-five US states. We also represent clients in numerous foreign countries that consist of military, contractors stationed and/or working out of the US, and citizens of foreign countries. If you are located out-of-state but have a pending matter in Georgia probate proceeding for which you require legal representation, we can assist you.

Thus, the saying: You stay at Home; We Will Take Care of It!

In fact, many of our clients we have never met face to face. Regardless, we will do what it takes to make you at ease with your case and to keep the flow of communication free and clear. The Adams Law Offices utilizes state of the art video conferences, conference calls, scan documents, e-mail, and attorney availability and accessibility at all hours. You will have your primary and secondary attorneys cell phone number and can call, e-mail, or text them anytime. This can be a tremendous help to clients in different time zones. In fact, we presently have clients in time zones with a one (1) to ten (10) hour time difference.

Call us today at our Main (Buckhead) Atlanta Office at (404) 467-8611, or toll free at (877) 412-3267 to talk about your legal issues and goals. You can also provide a short succinct statement of your legal issues and send it through our “Contact Us” form on our website. Our “Contact Us” form is received by at least one Atlanta probate attorney and one experienced paralegal. In fact, don’t be surprised if you get a phone call from your inquiry while your still on our Georgia probate law firm website.

In my many years as a Georgia probate attorney, I have represented numerous clients in probate cases. Most often my relationship with a client begins when I am asked this question, “How long will the Georgia probate process take?” In reality, this is only part of the question. What most parties in a probate hearing really want to know is, “When will I receive my share of the Georgia estate’s assets?” The answer to these two questions depends on several factors, including the speed that the petition can be completed and filed with the Georgia probate court, and then the length of time that the court will take to rule on the case. Nevertheless, I will say that the Georgia probate process in general takes anywhere from a little over six months to a few years. Therefore, I submit to you three rules of thumb, which I hope you will helpful and moderate your expectations. They are as follows:

One, be prepared to wait a substantial amount of time for the full probate process to be completed and the estate to be closed. Two, be patient and hope for the best, but be prepared to wait a long time if the particular case warrants this. Three, generally the more fighting, disagreement, disputes, and litigation, which may occur between the heirs, beneficiaries, and/or executors, the longer the probate process will take. Nonetheless, if it is any consolation, know that distributions may be made from the estate assets as the estate progresses through the Georgia probate process.

Once the required Georgia petition for letters testamentary or administration is filed, objections to the petition can be submitted during a set period of time (Objections in Georgia probate court are called "Caveats"). If objections are brought forward, then one or more hearing(s) is usually required which will delay the proceedings. If no objections are made, the court will not require a hearing and will order that the estate be opened, or that the administration of the estate begin. Georgia county probate courts will allow administration to begin when satisfied that the petition filed was carefully drafted. The petition must include the names of all the parties involved and the petition has to meet all of the Georgia probate petition legal requirements.

Although many factors can slow down a probate proceeding, there are several key items that are worth mentioning. The first is the location and number of beneficiaries. Where the beneficiaries live adds time to the process, as documents need to be shuffled back and forth for signature. Further, it is unreasonable to think that everyone will agree on everything all the time, so the greater number of beneficiaries involved can increase the odds for disagreement. In cases where beneficiaries have a lot at stake, they sometimes will hire their own legal counsel. When this is the case it can take more time to communicate and resolve issues.

Will contests in Georgia can cause significant delays in probate proceedings. A will contest is to determine the validity the Last Will and Testament of the deceased (the decedent). Anyone is allowed to hire a Atlanta, Georgia will contest lawyer and legally challenge the validity of the decedent’s will. Even when the reasons for filing a Georgia will contest are found to be bogus, the court must investigate each claim thoroughly before the probate process can continue. This can take up precious time and causes unnecessary expense. The degree of complexity of the assets in the estate can also increase the time that probate proceedings take. Before estate assets can be distributed, they need to be identified, located, and inventoried by the administrator or executor of the estate. Bank accounts and family homes are not very complex, and can be processed fairly quickly. In contrast, business interests and offshore investments can take more time to sort out and distribute.

Continue reading "GEORGIA PROBATE PROCEEDINGS – ASK AN ATLANTA PROBATE LAWYER – HOW LONG DOES THE GEORGIA PROBATE PROCESS REALLY TAKE?" »

In my Atlanta, Georgia Probate Law Firm, I have represented clients in many Georgia estate disputes that were the result of poor management of estate assets during the probate proceeding. Probate can be a complex process and Georgia law provides guidelines for probate proceedings and outlines specific duties for the personal representatives (also referred to as executors and administrators) that are appointed to manage the estate during probate. These tasks must be carried out according to Georgia's law on fiduciary duty which is imposed and closely regulated by Georgia state law. Typical fiduciary duties of Georgia executors and administrators include, but are not limited to, identifying, locating and collecting estate assets, making outstanding payments on behalf of the estate and distributing assets to beneficiaries. Failure to carry out such fiduciary duties is referred to as a breach of fiduciary duty. There are a number of remedies which the court can impose for a breach of fiduciary duty.

One of the requirements of Georgia probate law is that the fiduciary duties carried out by administrators and executors are completed with the best interests of the heirs and beneficiaries at heart. In fact, the word fiduciary is defined as “involving trust” and it is this trust that is often the missing ingredient in the probate process. As a highly experienced team of Atlanta, Georgia Probate Litigation attorneys, we have often witnessed the emotional and financial carnage created by self-dealing and untrustworthy executors and administrators. Unfortunately, in today’s economic climate we are seeing the abuse and breach of Georgia fiduciary duties occur more frequently.

Yet not all Georgia estate disputes are the result of intentional acts of deception or wrongdoing. Due to the complexity of Georgia probate law, many competent and well-meaning executors and administrators get lost in the process, missing filing dates and misunderstanding requirements. For this reason it is wise to retain the services of a qualified Georgia probate attorney. A Georgia probate attorney will help executors and administrators fulfill their duties fairly and completely, as well as assist heirs and beneficiaries who want to ensure that their interests are represented.

Continue reading "UNDERSTANDING GEORGIA FIDUCIARY DUTIES IMPOSED ON EXECUTORS AND ADMINISTRATORS BY GEORGIA COUNTY PROBATE COURTS" »

The administration of an estate in Georgia probate court can seem straightforward, but as a Georgia Estate Lawyer practicing Georgia probate law, I have met many executors and administrators that found the process to be more complicated than they initially thought. The common realization is that by retaining a lawyer at the outset of the proceedings, many common issues can be avoided and the probate proceedings will move forward more quickly with less cost. In addition, Georgia law closely regulates the fiduciary responsibilities of Georgia executors and administrators and so the consequences of making errors during the process are serious and can result in personal liability for the executor or administrator.

It is very common that most executors and administrators do not have a good understanding of what their fiduciary duties are until after the process starts and issues start to surface. One common issue is family infighting. Even in the most unified families, heirs and beneficiaries will try to steer the process in their favor. And although the executor/administrator may be a highly respected family member, this behavior can result in conflict that will drastically slow down the proceedings, as disputes are resolved. Not having a clear grasp of Georgia probate law, and the required timing of the proceedings, puts the executor/administrator at a disadvantage and hiring a probate attorney can restore the balance.

One fact that many executors and administrators are happy to discover is that the expense of hiring a probate lawyer is payable from the estate’s assets. Even related legal fees incurred before the executor or administrator took control of the assets are reimbursable. Another positive aspect to working with an experienced estate and probate attorney is that the attorney is an unbiased party who will professionally manage the process and handle all parties with fair treatment. Fair treatment is an especially important concept, as many executors and administrators are accused of unethical and self-serving behavior that can result in legal action against them, and ultimately lead to their removal.

Continue reading "RETAINING A GEORGIA PROBATE LAWYER IN THE BEGINNING OF THE ESTATE ADMINISTRATION PROCESS GREATLY BENEFITS EXECUTORS AND ADMINISTRATORS" »

In my Atlanta, Georgia Probate Law Firm's practice, I routinely counsel executors and administrators on how to administer Georgia estates. The role of an executor or administrator, (referred to under Georgia Probate Law as a “personal representative”) is challenging and is often accepted before a full understanding of the duties is apparent. The personal representative must be able to manage the process and the requests of the other parties involved, such as heirs and/or beneficiaries. One of the most sensible steps a personal representative can take is to retain the services of an experienced estate and probate attorney. The attorney will guide the executor or administrator during the probate process and can help prevent issues that surface from becoming full-blown disputes that require litigation.

There are a few general guidelines to follow that are very important when taking on the role of personal representative. The first is not to make any promises to anyone involved, including the heirs and beneficiaries. The Georgia probate process has a cadence of its own, with deadlines and procedures that need to be handled efficiently and properly. Giving a general timeline for the process is sufficient and it is key to stress that the proceedings will move faster if conflict is kept to a minimum.

Secondly, the Georgia estate administration process can be long. Prepare yourself as executor or administrator for this, and let the others involved know that the process will take time to complete. This is critical. Typically, the longer the probate process takes, the more common it is for beneficiaries and heirs to get anxious and start to argue. With conflict comes the need for lengthy mediation or litigation and as more time is spent, probate costs increase. As executor or administrator, it is imperative to be patient and manage not only your own expectations, but also the expectations of everyone involved.

A third point is that it is advantageous to begin the probate process by opening the estate as quickly as possible. As the administrator or executor, you must be appointed by the court to have the legal authority to administer the estate. Personal representatives have a fiduciary duty and must be thorough in carrying out the required steps to offer up the will (if one exists) as the definitive document that expresses the final wishes of the deceased. When a will does not exist, an administrator will be assigned to manage the estate. Often the stage is set early on for family disharmony and infighting, power struggles, disputes, and litigation. This is especially true when it takes too long to open the estate. Diligence, accuracy, honesty, and care in this process is essential and hopefully will keep the Georgia probate process moving forward more smoothly.

Continue reading "GEORGIA ESTATE ADMINISTRATION LAWYER GUIDELINES FOR EXECUTORS AND ADMINISTRATORS (THE “PERSONAL REPRESENTATIVE”)" »

Georgia probate law allows for any individual, not just beneficiaries and heirs, to legally challenge a will that has been filed for probate. When successful, this type of petition deems invalid all of the provisions of a will, or sometimes just specific sections of a will. The person challenging the will is required to provide evidence that the will is invalid. There are many legal reasons for challenging a will under Georgia law. Five commonly accepted objections that frequently are used to contest a will are as follows:

1) The will presented is not the most up to date will.

2) The deceased was not of sound mind when the will was written.

3) The will was written under a fraudulent misrepresentation, mistake of fact, or other false pretense, which affected the way the will was written.

4) The will was written with undue influence from a third party.

5) The will was not executed properly, including not being witnessed or notarized correctly.

It is not enough for an individual to object to a will because they feel that the deceased has not treated them fairly in the will. Proof that the will is invalid must be provided and all claims will be investigated thoroughly by the court. As a result, this type of petition can cost unnecessary time and money and completely stalls the Georgia probate process. There are several things that can be done when a will is written that will discourage will contests. Using witnesses who can later provide logical testimony in front of a court and securing affidavits from credible individuals that can be used later to confirm the true intentions of the deceased are two of these strategies.

In my Atlanta Estate Litigation law practice, I have represented many clients in Georgia will contest lawsuits. Most recently I have seen an increase in cases that arise from the assertion of undue influence. Unfortunately, many people fall victim to third parties who have less than honorable intentions and wills written under this type of coercion or duress can cause havoc after the death of a loved one. When undue influence or any other cause for objection is suspected, the assistance of an experienced Atlanta Probate attorney is critical for the equitable resolution of a will contest. A qualified attorney can ensure that the genuine desires of the deceased are honored and defended.

Continue reading "WILL CONTESTS, GEORGIA LAW, AND YOUR LAWYER – WHEN AND HOW TO CHALLENGE A WILL" »

As an Atlanta Estate and Probate Attorney, many of my clients come to me for counsel during the difficult time following a loved one’s death. Confusion over how the Georgia probate process works and conflicts of interest between heirs and/or beneficiaries can make this process painful and complicated. During the Georgia probate process, assets from the estate will be distributed and any disputes between heirs or beneficiaries regarding estate assets will be resolved. The process of probate varies by state. In Georgia, the law is somewhat straightforward, but still extremely complicated for most any non-lawyer.

For a better understanding of the probate process, it is important to clarify a few commonly used terms:

• Probate: the court proceedings that prove a Will to be the last valid Will of the decedent – it is also the process of administering the decedent’s estate

• Decedent: a person who has died

• Estate: all of the decedent’s property, including personal property and real estate

• Heirs: in the absence of a Will, those persons who have a just claim to the property in the estate of the decedent

• Beneficiary: a person who is identified in the Will to receive property from the decedent’s estate

• Will: a signed, legal document that states how the decedent wishes to distribute his property after death

• Testate: when a person dies and did write a Will

• Intestate: when the decedent did not write a Will, or when the Will is invalid

• Executor: the person named in the Will to administer the decedent’s estate

• Administrator With Will Annexed: the person assigned by the court to administer the decedent’s estate when a Will exists, but has not named an Executor, or in the case that the Executor named is unwilling or unable to serve this duty

• Administrator: when there is no Will, this is the person assigned by the court to administer the decedent’s estate

• Escheat: in the case that no heirs make claims to all or some part of the property in an estate, the state will receive the unclaimed property

Georgia probate proceedings usually are held in the Georgia county where the decedent permanently resided at the time of death. The county probate court will verify that the will presented in the proceedings is valid and that it is the last will that was written by the decedent. Once the will is verified, or in a case where there is no will, the probate court will oversee the distribution of the estate’s assets. When the decedent dies with a will, the estate will be administered in accordance with the decedent’s wishes that are expressed in the will. Should the decedent die without a will, Georgia’s Intestacy Statutes provide the scheme for distribution of estate assets. This usually means that the surviving spouse and children will receive the percentages of property first, followed by parents, siblings, and other family members.

The time that the probate process takes can run between seven or eight months for simple estates, to several years for more complex estates. During the process, the executor or administrator will identify the assets in the estate, perform an appraisal of those assets and pay any debts and taxes owed by the estate. Only after these steps are completed can the remaining property be distributed to the heirs and/or beneficiaries. Disputes between the parties involved over how these duties are performed will lengthen the process. The normal expenses incurred in probate, including the payment of debts and taxes, are paid out of the estate’s assets. Legal fees are also usually paid from estate assets.

The clarity with which a will is written will affect the duration and outcome of the process. Working with a qualified Georgia Estate lawyer to define exactly how your estate’s assets will be distributed is critical. If you are named as Executor or Administrator of an estate, a lawyer can explain your duties under Georgia Probate Law, help you fill out court forms and send the required probate notices. An attorney can also help you to meet all court deadlines. When issues between heirs and/or beneficiaries seem likely, or when they do come up, an experienced Probate litigation lawyer should be consulted so that delays in the proceedings, and additional costs, can be avoided.

Continue reading "UNDERSTANDING GEORGIA ESTATE DISTRIBUTION AND PROBATE PROCEEDINGS" »

Georgia estate disputes can easily ruin relationships between family members. These types of issues include Georgia will contests and sticky situations such as the removal of a family member deemed unfit to be the executor of the will. We can all think of examples of famous estate disputes that have resulted in long drawn-out legal battles that last for years, even some that extend beyond the lifetime of the heirs. Due to the emotionally charged nature of probate hearings, when an issue comes to the surface during probate it is difficult to solve quickly without more emotional and financial damage to family members and a loss of estate assets.

Mediation is one alternative to allowing disputes to be resolved in a protracted probate trial. The Probate Judge will often prescribe a court ordered mediation to resolve conflicts between heirs and beneficiaries. This is done before the probate proceedings start or just after they begin, when conflicts have just come to the surface. During mediation the parties involved can air their concerns, present evidence and confront each other on the issues. Anything agreed upon between the parties during mediation is binding and will carry forward into the probate hearing. An experienced Georgia probate litigation lawyer can assist in this type of mediation by helping participants present their position on the issues.

There are some red flags to consider indicating that estate disputes are likely and mediation should be considered. These include multiple marriages during the life of the deceased, children who are left out of a will, preferential treatment of people outside of the family, special treatment given to certain children and family members (other than the spouse), recent changes to the will that cut out specific heirs and when the administrator or executor are slow to perform the fiduciary duties required of them. If these conditions present themselves, it is a good idea to consult with an Atlanta, Georgia probate attorney with expertise in estate litigation, who also has experience with dispute mediation. With good legal representation, all sides in the dispute can receive fair treatment and the probate process can move forward before the estate’s assets are spent.

Continue reading "ESTATE DISPUTES IN GEORGIA RESOLVED FASTER THROUGH MEDIATION THAN COSTLY LITIGATION" »

In my estate law firm practice in Atlanta, Georgia, I have seen the negative impact on many probate cases when financial instruments and valuable assets are set up to provide convenience for the primary owner. It is important to take proper care not only when setting up joint bank accounts, but also when assigning joint owners or beneficiaries to IRAs, 401(k)s, life insurance policies and real estate. Failure to correctly assign joint account holders to any asset or financial instrument under the counsel of a qualified estate attorney may result in disputes during probate proceedings. Setting up these instruments should be part of a sound estate administration plan. Likewise, if a dispute arises, you should retain an experienced Georgia probate law firm to represent you in any Georgia probate and estate litigation lawsuits concerning jointly titled assets.

Because jointly owned bank accounts, IRAs, 401(k)s, life insurance policies and real estate with a right to survivorship are considered non-probate assets, ownership of these assets is straightforward. As non-probate assets they are typically transferred directly to a joint owner or beneficiary and do not need to be distributed through the probate process when the primary owner dies. The problem arises when, in probate proceedings, heirs and beneficiaries disagree on how these assets were originally set up and what the deceased’s true intentions were, upon death, regarding the distribution of these assets.

Just as in the case of joint bank accounts, other assets can be set up where the primary and joint owner’s names are linked by the words “and” or “or.” The difference between these two designations is critical. Both account holders need to sign for all transactions when assets are set up with the “and” designation. When “or” is used, the asset can be manipulated independently by either party. Upon death, all assets will transfer to the joint holder when “or” is used and half of the assets will pass to the joint holder when “and” is used. Under Georgia probate law, when one of the joint owners dies, it is important to have the designation assigned that indicates the true intention of the relationship.

Many of these assets and financial instruments are originally set up with a joint owner or beneficiary for the sake of convenience, and it is not uncommon for heirs and beneficiaries to challenge the ownership of these assets during probate proceedings. An experienced Atlanta probate litigation law firm can represent you in fighting to acquire your inheritance as the decedent truly intended. Similarly, an experienced Atlanta probate attorney can create an estate administration plan that clearly states your true intention, so that your wishes are fulfilled and your heirs and beneficiaries receive the treatment that you desire.

Continue reading "GEORGIA ESTATE LAWYERS ENSURE THAT JOINT ASSETS ARE CORRECTLY DISTRIBUTED IN PROBATE PROCEEDINGS" »

As Atlanta, Georgia, business attorneys who also practice complex trust and estate planning and will, trust and estate litigation, we recognize there are numerous lawyers and companies who want to help you plan and protect your estate assets. These same lawyers and companies also want to help you set up your business succession planning and assist you with your estate planning. However, as business assets become increasingly intangible and more difficult to define, the estates of persons owning and having an interest in these businesses become more complex, difficult to plan, probate and administer. If these estates are not planned properly, it is quite possible these estates could end up in litigation.

As businesses, assets, and information have become increasingly digital, intangible, and available solely on-line, it is important to choose Atlanta business lawyers who understand your “intangible” business assets, how to protect them, and how to formulate effective trust and estate planning for these assets. Moreover, you not only need trust and estate attorneys, you need these same attorneys to be Georgia business attorneys well-versed in complex business matters as they relate to intellectual and technological property, copyright and trademark issues, and other potentially intangible property.

For example, any number of lawyers might be able to draft a basic will, and this may be fine for someone with fairly limited and straightforward “traditional” assets. If everyone knows you have accounts at a local bank and brokerage house and you keep your account documents on file and in physical form, it may be easy to ascertain what is in your estate.

On the other hand, consider the following: • What if you have accounts at one of the “on-line only” banks?

• What if all your account statements are e-delivered?

• What if you have a second business selling goods on e-bay, or if you have a business or assets in a “virtual world,” such as Second Life?

• Who has your login information and passwords to these accounts?

• How will anyone determine what assets you have, or where? How will these assets be valued and by whom?

• Even if you do not have these things now, can you guarantee that you will not have them before your beneficiaries or heirs need to administer your estate?

Thus, it is increasingly important to consider not just your tangible assets, but also your digital, intellectual, technological, and other such assets, when planning your estate. This is why you must choose attorneys who understand the complexity of these assets and can advise you on how to protect yourself and your business as well as your beneficiaries and heirs.

The Adams Law Offices has been at the forefront of the union of technology as it relates to trusts, estates, business planning, and representation of individuals and businesses with non-traditional assets. Our Atlanta Attorneys also specialize in business, trust, and estate litigation as it relates to “intangible” and “non-traditional” assets.

Continue reading "ATLANTA BUSINESS ATTORNEYS FIND THEMSELVES INVOLVED IN PROBATE AND ESTATE PLANNING MATTERS" »