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Probate, often associated with stressful and time-consuming processes, is something most people would prefer to avoid. But what exactly is probate, and why would you want to bypass it? Let's dive into understanding probate in Georgia, and how you can strategically avoid it. Unpacking Probate Pr...

Ownership of property, especially real estate, often involves more than one person. In Georgia, you can own a property as either joint tenants or tenants in common. These arrangements may appear similar on the surface, but they have important distinctions that can significantly impact your estate...

When it comes to managing one's estate, certain legal tools come into play to ensure a smooth transition of assets. One such tool, often misunderstood due to its somewhat complex terminology, is the "Letters Testamentary". To make this concept more approachable, we will unpack what it means, its ...

In the realm of estate planning, the executor of a will holds a significant responsibility. They are responsible for carrying out the wishes expressed in a will, including distributing the decedent's assets. Their duties often involve a process called probate, where the will is validated in court...

Estate planning is a critical task that requires a thoughtful approach. Often, our clients ask us about irrevocable trusts and whether they should establish one. While irrevocable trusts have benefits, it's crucial to understand that they come with potential drawbacks too, especially in the conte...

When it comes to protecting your health and wellbeing, the choice of who will make medical decisions on your behalf should you become unable to is a critical one. This person, often referred to as a healthcare agent, plays a vital role in upholding your medical preferences and safeguarding your h...

Few experiences in life can compare to the grief that comes with losing a loved one. During this emotionally challenging time, understanding the legal processes, like probate, can be daunting. While probate is a critical process in administering and distributing an individual's estate post-death,...

As experienced Estate Planning Lawyers at Peach State Wills & Trusts, we've come to realize that the creation of a will is an essential part of any comprehensive estate plan. This important legal document provides a roadmap for the distribution of your property and assets after your passing. Howe...

As an estate planning attorney in Georgia, I often encounter clients who express a desire for a "simple will." Many believe that their needs and circumstances are straightforward and that a standard will is all they need to safeguard their assets and loved ones. But is a simple will always the an...

Navigating the world of estate planning may sometimes feel like steering a ship through uncharted waters. One term you may come across in this journey is 'probate bond'. In Georgia, understanding what a probate bond is and when it is needed can be crucial in your estate planning process. Breakin...

In estate planning, there are two common methods of distributing assets: per capita and per stirpes. Both are Latin terms, with per capita meaning "by the head," and per stirpes meaning "by the branch." These methods guide how your wealth is passed down to your heirs after your passing. Per capi...

As a new college year begins soon, most parents of college students focus on tuition, textbooks, and dorm essentials. But at Peach State Wills & Trusts, we encourage parents and students to consider an often overlooked aspect of college preparation: estate planning. Most college students are adul...

As an individual embarking on the journey of estate planning, one is often faced with a pivotal decision: "Should I opt for a will or a living trust in Georgia?" This is not a question to be taken lightly, and it is essential to have a clear understanding of the two to make an informed choice. At...

As estate planning attorneys at Peach State Wills & Trusts, we often receive questions about different types of wills, one of the less common but fascinating queries being about holographic wills. Before we delve into whether or not Georgia allows holographic wills, let's first understand what a ...

Estate planning can sometimes feel like a maze, leaving many to wonder, "Do I need a trust in Georgia?" It's not a straightforward answer – it depends on your circumstances and goals. A trust isn't mandatory, and nobody will force you to create one. However, in the right situations, it can be an ...

One of the most common questions we get asked by our clients is: "Where should I store my will?" It's an essential query, showing an understanding of the critical role a will plays in securing your legacy. Once you've completed your estate planning process, including drafting a will, it's crucial...

A Power of Attorney (POA) is one of the three foundational estate planning documents we recommend for every adult in Georgia. Alongside the advance directive for health care and the last will and testament, the Power of Attorney completes a trio of documents that form the foundation of a comprehe...

If you've heard the terms "probate assets" and "non-probate assets" and you're puzzled about what they mean for your estate planning in Georgia, you're not alone. When we mention these terms, we're discussing how an asset is disseminated after your demise. Is it allocated through the probate cour...

When it comes to estate planning, one question that often arises is whether a handwritten will signed before a notary is valid. Many Georgia residents might believe that jotting down their wishes and having a notary sign off on them would suffice as a last will and testament. Unfortunately, it is...

It's not uncommon for us to get asked if it's possible to manage someone's money and distribute their assets under a Power of Attorney (POA) after they've passed away. It's an understandable question, especially for those in the midst of grieving a loved one. Unfortunately, the quick and definiti...

We often receive queries from concerned individuals in Georgia asking, "Do I need a living trust?" It's a legitimate question, stirred by conversations with friends or family members, or perhaps read about online. The answer, however, is not as straightforward as you might expect. No, you don't n...

You may have encountered the term 'per stirpes' in the context of wills and estate planning. The phrase originates from Latin, meaning 'by the roots' or 'by the stocks'. Today, we interpret it as 'by representation.' In the context of estate planning, if assets are bequeathed to your children per...

Discussing topics such as death and financial obligations can be daunting. Nevertheless, gaining a comprehensive understanding is essential, particularly for those dealing with significant credit card debt. We frequently encounter the question, "Will my heirs be liable for my credit card debt in ...

The process of estate planning can often be intimidating, with many challenges in designating assets and naming beneficiaries. At Peach State Wills & Trusts, we recognize the complexities of this task and are committed to simplifying it for you. Estate Planning Essentials in Georgia: A common c...

At Peach State Wills & Trusts, we are committed to helping Georgia residents navigate the complex realm of estate planning. One essential tool we emphasize in this process is an Advance Directive for Healthcare. This document, relatively new to Georgia since 2007, replaces two previously used for...