Potential clients often ask this question during their free consultation in my law office. Although there may be other technical differences, the main difference is in the title of the person and how that title was received. When a person dies without a valid will they are referred to as intestate. Even when a person dies intestate, however, they may have a home or other property resulting in their estate needing to be submitted to the probate process. When an intestate estat

In Georgia, the rules of inheritance when a person dies without a will are set by statute. OCGA § 53-2-1 provides the order in which heirs will inherit from a intestate decedent's estate. If a decedent is survived by a spouse, and no children or other descendant, then the spouse is the sole heir. If a decedent is survived by a spouse and any child or descendant, then the spouse shall share equally with the children. The spouse's portion shall not be less than a one-third shar

You have a will, power of attorney, and a guardianship plan for your children. That's great! But things change. You should review your estate planning documents periodically, but especially if any of these changes have occurred since you last reviewed them: Have you married or divorced? Has the executor of named in your will died or become incapacitated? Have any of your beneficiaries died or has your relationship with any of them changed? Has the mental or physical condition

Estate planning and wills are only for rich people. Wrong. Even people that aren't rich need to make sure their belongings are passed in the way and to whom they want. An estate plan will allow customization and give you the power to decide how your assets are distributed. Further, you may be surprised at the assets you have. Consider your home, furnishings, vehicles, investments, retirement accounts, savings accounts, and business interests as you think about obtaining a wil

Estate planning is a task that is often low on people's to-do lists, but it can provide much-needed guidance to your loved ones in the future. The fact is that most people would benefit from having basic estate planning documents to make sure their wishes are carried out. Arranging for the handling of your health, home, and finances can quickly become daunting. Multiple documents must be drawn up and each must consider multiple family members, friends, and charities. But get

Proper estate planning can provide lasting financial protection for you and your loved ones, but mistakes are common if you are not familiar with the principles of estate planning and asset protection law. Inadvertently passing assets to unintended recipients can cause legal nightmares as surviving family members, heirs, and loved ones fight it out in court to figure out which people you intended to inherit what property. An estate planning attorney adds value, often preventi

What do holograms have to do with estate planning? Not much, if anything, and for good reason. A holographic will is an unwitnessed document that is hand-written, signed, and dated by the decedent. Many people believe that recording their final wishes in such a document will ensure that they are obeyed. Unfortunately, holographic wills are extremely vulnerable to challenges in probate court and less than half of the states recognize them. Georgia is among the large number of

What would happen if you died unexpectedly? Would your family know your final wishes? Would they know where to find your will? Do you have a will? These and other estate planning questions can be overwhelming. Even well-organized people with the best intentions might be surprised by the confusion, stress, and frustration that could be experienced by their loved ones after their passing. Fortunately, much of that can be avoided or minimized with proper estate planning. So, wha