Atlanta Probate Lawyer Blog

A person is qualified under Georgia Law to serve as a Georgia probate court appointed Guardian and/or Conservator of a proposed ward if such person is:

1. Over the age of 18 years of age;
2. A Georgia resident; or a non-resident who is:

(a) related by lineal consanguinity to the ward; (b) a legally adopted child or adoptive parent of the ward; (c) a spouse, brother, sister, uncle, aunt, niece, or nephew of the ward, or someone elated by lineal consanguinity to any such person; or (d) the spouse of a person otherwise qualified above; and

3. Having been convicted of a felony usually precludes you from being a guardian in Georgia. However, new trends allow the judge to evaluate the felony and its circumstances to determine whether the proposed guardian would do a good job in caring for the ward. By example, a felony conviction for marijuana possession a long time ago may be looked upon by the Georgia County Probate Judge as a learning lesson. And, since it did not involve stealing (or another crime of moral turpitude), then the proposed guardian may be determined by the Georgia County Probate Court to be a safe person and able to care for the ward in a high-quality manner. Lastly, this is true if the guardian and ward are closely related and/or have a close, respectful, and honest relationship.

Moreover, a Georgia county probate judge may give a felon who petitions the court to be guardian of the ward if they are related. This new trend shows the County Probate Judge's discretion in finding a qualified person to take care of the ward.

A Petition for appointment of a Georgia guardian and/or Conservator for the proposed ward will be filed with the GA County Probate Court in which the proposed ward is domiciled. This Petition requires either two Petitioners to sign the document or one Petitioner and the completed affidavit of a physician or psychologist licensed to practice in Georgia or a licensed clinical social worker, who has examined the proposed ward within 15 (fifteen) days prior to the filing of the Petition. In, Georgia, unless the alleged incapacitated person is indigent, the Petition must submit with a check to the GA County Clerk of Court for the filing fees. The filing fees vary slightly per each separate GA County Probate Court.

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In my Atlanta, Georgia Probate Law firm, I have helped countless clients involved in estate issues and Georgia probate litigation. While there is no substitute for qualified legal counsel, there are excellent resources online to help individuals understand the complex legal landscape of probate proceedings and estate administration. I often recommend that my clients use these resources to get an initial understanding of this area of law and the unique requirements of the Georgia probate process.

Georgia has a useful website (www.gaprobate.org) that focuses on areas handled by Georgia’s Probate Courts, such as estate planning and marriage licensees. At this website you will find a broad array of information and tools, such as standardized downloadable forms and a resource to locate the Probate Court in your area. The Administrative Office of the Courts of Georgia also has a website (www.georgiacourts.org) that provides standardized forms, information and links to state and national legal agencies and organizations. A third website run by the IRS (www.irs.gov) also provides valuable information and I recommend that my clients use it when doing research on probate and taxes.

These three sites should always be used to download any Georgia probate forms. Other websites may have free downloadable e-forms, but these official websites will have the most up-to-date forms and instructions. Keep in mind that the staff and clerks at the offices of these websites are very knowledgeable, but they cannot dispense legal advice. It is critical to secure legal counsel from an experienced Estate Administration and Probate Attorney for all probate matters. The complexity of the Georgia probate process can derail the administration of estate assets and cost beneficiaries and heirs valuable resources.

Due to the complex nature of probate and estate administration, it is wise to seek legal advice when initially entering into these matters. The qualified attorneys at The Adams Law Offices are available to answer your questions and represent you in Georgia probate proceedings or litigation. Please contact us to discuss your situation at (404) 467-8611, or toll free at (877) 412-3267. The Firm’s Main Office is conveniently located in the Buckhead section of Atlanta.

In my many years as a Georgia probate attorney, I have come to believe that no matter how big or small an estate, Georgia will contests are here to stay. The typical will contest usually arises from some perceived unequal disposition of estate assets. Most of the time, distraught heirs, or beneficiaries will have their own ideas and theories regarding the unequal or unfair disposition of estate assets. However, they leave it to the Georgia will litigation lawyers to find the legal terminology and reasoning to substantiate their claim(s). While it seems many Georgia lawyers and layperson are rather indifferent to will contests and see them as nothing more than greed at its worst, I feel and see something totally different.

In my Georgia Probate Litigation law firm, I find a great amount of unique justice in seeking out a defendant who has taken it upon himself or herself to engage in illegal activity to cause a person to alter their free and voluntary making of their will, and thus alter the disposition of their estate. Thus, while the biggest stake in the result of Georgia will contest is without a doubt monetary, it is significant to convey that relationships between family members may be damaged. Even in tight-knit families, it is common to see infighting over estate assets due to emotional issues such as who was a certain parent’s “favorite” child.

To ensure that your assets are distributed as you wish, it is wise to implement a few strategies, such as the following:

• Avoid using joint accounts that can disinherit children inadvertently: Many elderly people put a child or close relative on bank accounts for easy access and routine handling of affairs. Joint accounts pass directly to the joint account holder upon death of the primary account holder, so it is better to set up financial powers of attorney that give others the ability to help you without them being joint property owners.

• Choose an impartial executor to administer your will: Commonly family members are asked to administer wills, which can create damage to family relations. A wise choice is to use a bank as executor. While this does carry a cost, many disputes can be avoided and self-dealing by the executor will not be a problem.

• Try to treat children equally in the will: Unequal distribution of estate assets will likely cause friction between the children. This is because children often believe that their inheritance is a direct reflection of their parents’ love for them. When a child feels left out or cheated, he is likely to imagine that one or more siblings manipulated the parent. It is possible that this will result in a will contest.

• Discuss big inheritance issues before they are written into the will: You should not need to discuss every detail of your will within your will. However, any unusual distributions in your will should be explained and documented. Disclosing these items in advance allows for your children to assimilate the information to understand the motivation behind the decision. Avoid going into detail about your decisions and make sure it is done with the assistance of a professional. Doing so may hurt your child’s feelings, which could trigger a will contest later on during probate proceedings. However, be careful not to induce an environment where there are attempts to influence you because of being open about your will and what will happen when you die. Be careful, this theory has a double-edged twist if proper protocol is not followed. (NOTE: Doing this with assistance is a must).

• Give sentimental gifts to your children while you are alive, and equally: Let each heir know what you are giving to the other heirs. This strategy will allow you to see your heirs enjoying these precious items and can prevent Georgia probate disputes. This can also have tax benefits

Continue reading "WILL CONTEST LAWYERS IN ATLANTA, GEORGIA, PROPOSE STRATEGIES TO REDUCE THE CHANCES OF A WILL CONTEST(S) DURING GEORGIA PROBATE" »