One of the many shortcomings of probate law is how to deal with alleged “promises” to leave a loved one something as part of one’s estate. The typically scenario involves an elderly or sick individual promising to leave something of value to their caretaker in exchange for the caretaking services. In Georgia, there are a…
Have you ever thought about trying a do-it-yourself estate planning package? These days, you can find a fill-in-the-blank form online that is ready to print online or can even pickup a pre-printed form at your neighborhood office supply store. While those pre-printed forms may be convenient, the unfortunate reality is that when estate planning documents…
Regrettably, alcohol and drug addiction is often times one of the many issues that push couples to get a divorce. In some situations, one of the spouses may be so incapacitated that the other spouse is forced to seek emergency relief from the Courts to protect their safety and the safety of the children. At…
While establishing your Last Will and Testament or Inter Vivos Trust Agreement is an important step in creating an effective estate plan, there are other tasks that are equally important. In some situations, people forget to update the beneficiary selections to be consistent with their overall estate plan. At Durden & Mills, PC, we have…
The short answer is Yes! There are a few methods to revoke a will, but the testator (the person who signed the will) must have testamentary capacity in order for the revocation to be effective. Revocation by New Last Will and Testament Most typically, a valid Last Will and Testament is revoked by executing a…
It’s important to remember that after you have established your estate plan and actually executed your estate planning documents (i.e. Last Will and Testament, Health Care Advance Directive, Financial Power of Attorney and possibly an Inter Vivos Trust Agreement), changes in your life circumstances may necessitate revisions to your estate plan. At Durden & Mills,…
Your business partner and fellow Georgia LLC member just died. Now what? In addition to grieving the loss of a friend and business associate, you will need to consider what happens to your LLC when an LLC member dies. As a Georgia business law and estate attorney at Durden & Mills, PC, I have seen…
Often times, a contested estate administration can be more divisive than your typical divorce case. While the death of a loved one often brings family members closer together, unfortunately, it can lead to hostility and division as well. When beneficiaries receive a different or smaller share of the deceased’s property than they had expected, the…
For most people, their most significant asset is their residence. Typically, once a person reaches the age of retirement their home has substantial equity and hopefully not a huge mortgage. In some situations, parents may consider transferring their residence to their children in advance of their death in an effort to avoid probate issues and…
IRA Beneficiary designation is important for many reasons, but for many people, establishing beneficiaries for your IRA is not something that ranks high on your list of things to do. Conservative estimates suggest that Americans hold nearly $15 Trillion in IRA’s and other qualified retirement plans. Quite often, an individual’s IRA is the largest financial…
