    |
|
ATLANTA PROBATE ATTORNEY
|
| Our Listings: Craig M. Frankel, J.D. Admitted: 1986, Georgia. Cum laude, University of Georgia School of Law. Practice Areas: Wills, trust, and estate disputes; guardianship disputes; fiduciary disputes, complex commercial disputes, and others. Charles M. Hall, P.C. Admitted: 1975, Georgia. Graduated: Emory University Law School. Practice Areas: Probate and Probate Litigation; Wills; Will Contests; Trusts; Estate Planning; Living Wills; Guardianships; Life Insurance Trusts; Tax Planning |
A lot of lawyers advertise that they perform legal services in areas they do not really specialize in. In many states, such lawyers are allowed to advertise their services but must disclose that they are not certified in that particular specialty by their state bar association’s board of legal specialization (e.g., in Texas and New Mexico).
In
Because of that, it is especially important for clients in need of a lawyer to have a reliable source of information on what area their attorney really spends most of his or her time. We have asked the attorneys listed on this page what area of law they spend most of their time on.
This is not to say that a general practitioner is not competent to draft a simple will or trust instrument. Most of them are. However, if your legal needs involve a more complex matter, you do want to seek out a true specialist, nor does this mean that they hold themselves out as such in violation of their state bar rules.
It does mean, however, that you can validly expect a higher degree of expertise in probate matters from the attorneys we list. You can therefore rest assured that you will not find an attorney here who spends 90 percent of his practice on personal injury matters and only occasionally draws up a will for a relative, for example.
You have landed on this page because you were looking online for an Atlanta probateattorney. Because of that, that is most likely what your particular legal matter requires. If so, you came to the right place.
What is Probate Law?
To most people, probate law is simply “something that has to do with wills.” The field is actually quite complex, though, so here are a few pointers about more specific services that Atlanta area probate lawyers routinely provide:
Drafting and Probating (and Avoiding Probate) of Wills
The word "probate" refers to 'proving' up a will or legal title to a deceased's property if there is no will (also known as "intestacy" or "dying intestate").
The drafting of a simple will is a fairly easy thing to do and usually doesn't require an attorney, although a lot of people feel better if they let an attorney take care of it, anyway. By "simple" is meant that there are no testamentary trusts to be set up by the will, and no complicated conditions are being imposed on the right to take property under the will.
Certain wills (especially those involving small estates) state that they can be probated without the need for a formal administration by a court (where the court appoints an administrator either as directed by the will or otherwise, who must then ask for the court's permission for each step he takes in disposing of property to pay the decedent's debts, distributing the estate, and closing the estate after all is said and done.
Will Contests
Will contests occur when heirs under a will dispute what the will states, often claiming the "testator" (deceased) made the will in question under duress or while under the undue influence of a person trying to take advantage of him. They literally constitute the "ugly underbelly" of estate administration.
Contesting a will or defending a will in case of a contest should always be done with the help of an experienced attorney. Much is at stake in these contests, not only money-wise but also emotionally and ethically. Often, the most important thing for a decedent's surviving family is that his or her property is disposed of and/or distributed exactly according to their departed relative's wishes.
Intestacy
As noted above, the process of proving legal title to property of a decedent who died without leaving a will, or if a will is lost or destroyed and cannot be proved up in some other way, is called "intestacy." It is determined by the laws of the state in which the decedent died or where the property concerned is located.
Trusts (Revocable and Non-Revocable)
Trusts are legal instruments recognized at common law that control how property is to be managed, how income from the property is to be applied, and how the trust property is to be eventually distributed according to the will of the "trustor."
The trustor appoints one or more "trustees" to manage the property. Under a trust, the "legal" title (i.e., the right to use, invest, sell, lease, or mortgage the trust property) to the property passes to the trustee, while the "beneficial" or "equitable" title (i.e., the right to receive income from the trust property and the right to distribution of the property at the termination of the trust) passes to the named beneficiaries.
Some trusts are "revocable" by the trustor during his life time. In some cases the trustor appoints himself as the initial trustee for the property during his lifetime and determines that other named trustees shall take over at the time of his death. If the trustor also retains the right to revoke the trust while he is alive, these instruments are called "living trusts". They constitute a popular alternative to using wills in order to divide up property outside of the court-controlled probate process.
Estate Planning & Tax Matters
The term "estate planning" refers to legal ways to arrange your financial affairs in such a way that various taxes (*death taxes, income taxes) on your property are minimized so that you and your relatives/heirs can get the most out of your property both before and after your death.
For example, trusts are a common tool for estate planning attorneys. Each type of trust has its own tax consequences to the trust property and to the beneficiaries. These matters get very complex, so a highly skilled attorney is an absolute prerequisite for engaging in meaningful estate planning, at least outside of setting up a simple living trust or using a life insurance policy.
If you were unable to find a suitable Atlanta Probate Attorney please follow the previous link. You will be taken to a more generalized directory of attorneys practicing in that area of law in Atlanta.
Back to Home Page
