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. Learn more.
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.