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…
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…
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…
If you have a parent or other family member who suffers from a physical or mental disability which interferes with their ability to make appropriate decisions concerning their welfare and finances, you may need to consider filing a petition with the local probate court to be appointed as a Guardian and/or Conservator. In Georgia, a…
In Georgia, the Georgia Department of Community Health operates a program where the State of Georgia gets reimbursed from the estate of deceased Medicaid members who received Medicaid benefits for long term care such as nursing home care or community care services. When a Medicaid member accepts Medicaid benefits, a debt is established against the…
For many of our clients, a common plan among married clients is to leave all of their property to their spouse outright. While that it typically not a bad option for a happy couple with a solid marriage, it is not usually the preferred disposition after the happy couple divorces. After a major life event…
Have you been nominated to serve as the Executor of a family member’s Last Will and Testament or are you considering being appointed as the Administrator of an intestate estate? Before you assume that responsibility, you should consider some of the rights and responsibilities that go along with the role. Pursuant to Georgia law, an…
