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  • What Happens If You Don’t File The Will For Probate?
    September 17, 2019
    What Happens If You Don’t File The Will For Probate?
    Georgia Requires Wills to be Filed with the Probate Court Georgia requires wills to be filed with the probate court. This is especially important if you are planning to distribute property or assets through the probate process. A will is a common estate planning tool that enables people to list their wishes about how their assets should be distributed after death. The will provides the probate court with
  • Do Irrevocable Trusts Avoid Probate? | Dangers of Irrevocable Trusts
    September 5, 2019
    Do Irrevocable Trusts Avoid Probate? | Dangers of Irrevocable Trusts
    One of the questions we commonly hear at Siedentopf Law relates to trusts and probate. Our clients want to know “if I create an irrevocable trust, will it avoid the probate process?” The answer is YES. Dangers of Irrevocable Trusts There are three main types of trusts: a testamentary trust, a revocable trust, and an irrevocable trust. An irrevocable trust is a trust with terms and provisions that
  • Will Contests: Who Can Challenge A Will?
    August 22, 2019
    Will Contests: Who Can Challenge A Will?
    Who can challenge the validity of a will? Under Georgia law, this includes any interested parties who can show the probate court that they might benefit from or be financially harmed by a previous or current version of the will.  Contesting a Will in Georgia When it comes to probating a will, most pass through the probate process without any complications. But, can probate be challenged? There are
  • Estate Planning: Understanding Key Terms and Concepts, Part One
    January 10, 2019
    Estate Planning: Understanding Key Terms and Concepts, Part One
    Having an estate plan means making provisions for your friends, loved ones, and yourself, should you become disabled or upon your death. It is an opportunity to memorialize your wishes as they relate to your medical care and the distribution of your assets. At Siedentopf Law, we help ensure that the estate planning and probate process is as smooth and stress-free as possible. We can help you to
  • Who Will Inherit My Timeshare?
    August 21, 2018
    Who Will Inherit My Timeshare?
    Summary: What happens to a timeshare when the owner dies? Depending on how the property deed is titled, the timeshare could pass to the co-owners or to the owner's heirs and beneficiaries. A timeshare property offers a unique opportunity: guaranteed access to the desired location without the hassle of having to fully purchase or maintain it. While the timeshare owner is free to enjoy their favorite vacation spot,
  • What Happens If You Lost the Original Will?
    October 4, 2017
    What Happens If You Lost the Original Will?
    You are ready to begin the probate process, but when it comes time to submit, you may have lost the original will. What can you do? If you are a named estate executor or an interested person, it is possible to probate a copy of the decedent’s Last Will and Testament. Under Georgia law OCGA § 53-3-6, “if a will is lost during the testator’s life, destroyed without
  • Contesting a Will in Georgia: Undue Influence in a Will
    March 16, 2017
    Contesting a Will in Georgia: Undue Influence in a Will
    Undue influence, in estate planning terms, means a person was pressured into drafting his or her will so that it benefitted another individual. Once the probate process begins, any person or creditor can challenge the validity of a will if they suspect and are prepared to prove undue influence. When it comes to probating a will, most pass through the probate process without any issues. But there are some
  • What A Will WON’T Do
    September 21, 2016
    What A Will WON’T Do
    Summary: Siedentopf Law explains the limitations of a Last Will & Testament and the type of functions it cannot -- or should not -- do. A Last Will & Testament plays an important role within the field of estate planning.  With a will, you can memorialize decisions about who will inherit your property, or who will serve as guardian for your children.  Wills are valuable tools – but they
  • Assets That Pass Outside Your Will and Probate
    May 31, 2016
    Assets That Pass Outside Your Will and Probate
    Summary: Want to make sure your heirs and beneficiaries receive everything you intend? Siedentopf Law takes a look at different types of assets (property, accounts, insurance policies, business holdings) and explains which ones may pass outside of your will and the probate process.  When you are figuring out your estate plan, it is important to understand which assets will pass under your will and which assets, or ways
  • Choosing A Guardian For Your Children
    May 23, 2016
    Choosing A Guardian For Your Children
    Summary: If you are a parent with young children, it is your responsibility to nominate a guardian and make sure your choice(s) are memorialized in your estate plan. Georgia Estate Planning and Probate Law Firm Siedentopf Law shares some advice about selecting the right guardian for your child(ren). If you have young children, one of the most important choices you can make is who to nominate as guardian