Frequently Asked Questions (FAQs)
Answers to Common Legal Questions
Legal questions often arise when you are starting a business, buying or selling property, planning for the future, or navigating tax and estate matters. Below, the attorneys at Stewart, Melvin & Frost answer some of the most frequently asked questions about Georgia law and provide guidance on common business, real estate, estate planning, and tax law matters.
Estate Planning
What happens if you die without a will?
If you die without a will in Georgia, your estate will generally be distributed according to Georgia’s intestacy laws. An estate planning attorney can help you understand what happens to your assets and how to protect your wishes.
How do you probate a will in Georgia?
Probating a will in Georgia involves filing the appropriate documents with the probate court, notifying interested parties, and administering the estate according to the will. An attorney can help guide you through each step of the Georgia probate process.
What’s the difference between a will and a trust?
A will outlines how your assets should be distributed after your death, while a trust can hold and manage assets during your lifetime and after your death. The right option depends on your assets, goals, and overall estate plan.
What documents do I need for estate planning?
Common estate planning documents include a will, trust, financial power of attorney, and advance directive for health care. Your specific needs may vary depending on your family, assets, and goals.
How do you amend your estate planning documents?
Estate planning documents can generally be amended or updated when your circumstances or wishes change. An attorney can help ensure your revisions are properly prepared and legally executed.
Does a will have to be probated in Georgia?
Not every estate necessarily requires formal probate in Georgia, but many wills must be submitted to the probate court to be administered. Whether probate is required depends on the assets involved and how they are titled.
Business & Banking
What is an operating agreement?
An operating agreement is a legal document that establishes how an LLC will be owned, managed, and operated. It can help define the rights and responsibilities of members and provide a framework for resolving business issues.
Should I set up my business as an LLC or S Corp?
Choosing between an LLC and an S corporation depends on factors such as ownership, management structure, liability protection, and tax considerations. An attorney can help you evaluate which business structure best fits your goals.
Are non-competes enforceable?
Non-compete agreements may be enforceable in Georgia when they meet certain legal requirements, but enforceability depends on the language of the agreement and the circumstances involved. An attorney can review a non-compete and explain your rights and obligations.
What are the legal steps to starting a business?
Starting a business typically involves choosing a legal structure, registering the business, establishing appropriate agreements, and addressing tax and compliance requirements. The right steps will depend on the type of business and how it will operate.
Tax Law
How much money can you inherit before you have to pay taxes on it?
Whether an inheritance is subject to taxes depends on the type and amount of assets involved, as well as applicable federal and state tax laws. An attorney can help you understand the potential tax implications of an inheritance.
Do you have to pay Georgia taxes after age 70?
Turning 70 does not automatically exempt you from Georgia taxes. Your tax obligations depend on your income, assets, and individual circumstances rather than your age alone.
How do I appeal a property tax assessment in Georgia?
Georgia property owners who believe their property has been incorrectly assessed may have the right to appeal their property tax assessment. An attorney can help you understand the appeal process, deadlines, and options available in your county.
Real Estate
Can a seller back out of a real estate contract before closing?
A seller generally cannot simply back out of a signed real estate contract without potentially facing legal and financial consequences. The terms of the contract and the circumstances surrounding the transaction will determine what options are available.
Do you need a lawyer to buy a house?
Georgia real estate transactions involve important legal documents, contracts, and closing requirements, making an experienced real estate attorney a valuable resource. A lawyer can help protect your interests and identify potential issues before closing.