Cherokee County Attorneys Assist with Probate and Estate Planning
Canton, Georgia lawyers help clients secure their future
When you have a proper estate plan in place, you can rest knowing you have created a secure future for your loved ones. With more than 50 years of collective experience, the estate planning and probate lawyers at Dyer & Rusbridge, P.C. help you translate your family’s needs and goals into a solid estate plan. Whether you are just starting your career or nearing retirement, you should think about the future and what will happen with your assets after you pass. Our Canton attorneys give clients the peace of mind that their wealth is secure and their loved ones will be provided for. We also guide personal representatives (commonly referred to as executors) through the probate process and handle litigation when disputes arise.
What is involved in an estate plan?
The purpose of a comprehensive estate plan is to protect your assets during your lifetime and pass them efficiently to your beneficiaries at the appropriate time. The tools we use include:
- Advance healthcare directives (living wills)
- Powers of attorney
With these tools and others, estate planning addresses various issues, such as:
- Is your wealth protected against liability and creditors? — Why risk losing your hard-earned wealth because of an auto accident or business debts? Our attorneys can review your insurance coverage and your business structure to ensure maximum legal protection.
- Who will receive your assets? — If you plan ahead, you get to decide who inherits your assets. If you fail to plan, Georgia law dictates the rights of your heirs.
- How and when will your beneficiaries receive your assets? — With wills and trusts, you can decide whether to pass your assets with or without conditions, immediately or over time.
- Who will administer your estate? — You can choose a trustworthy person to act in your beneficiaries’ best interests.
- What happens to you and your assets if you become incapacitated? — You can create a power of attorney to allow someone you trust to make legal decisions on your behalf.
- Who will manage your medical treatment if you are incapacitated? — In Georgia, an advance healthcare directive allows you to name an agent to direct your medical treatment.
You are sure to have additional concerns, which we can address when we meet with you.
Protecting family members through guardianships and conservatorships
If you are the parent of a minor child, you should consider naming a guardian in your will. Your will would not create a guardianship upon your death, but your stated preference would send a strong signal to the court about whom to appoint.
If you are concerned about an adult in your life who is incapacitated due to age or special needs, we can help you create a conservatorship. Like a power of attorney, a conservatorship vests you with legal power to make financial, healthcare and maintenance decisions for your loved one. If there is a minor in your life who needs similar assistance, we can help you petition the court to be named that child’s guardian.
How does probate work?
Probate is the process by which the court validates a will and oversees the executor’s settlement of the estate. If the will has been properly drafted and executed, is not challenged, and the representative is competent, probate is a smooth process. However, an estate can be complicated by creditor claims, disputes between heirs, and poor records of assets and debts.
The executor’s task is to:
- Account for all assets.
- Settle all debts.
- Identify and locate all beneficiaries.
- Pay all outstanding taxes.
- Transfer assets according to the terms of the will.
Depending on the size and complexity of the estate, this can be a huge undertaking, especially if an executor has a demanding full-time job. When an executor is overwhelmed, costly mistakes and delays can occur. Before that happens, an executor should consult an experienced probate attorney.
Skilled advocates protect your interests in estate and probate matters
The benefits of retaining our firm for your estate planning and probate matters include:
- Knowledge — We know how to draft documents that will withstand challenges from disgruntled potential heirs.
- Litigation skills — Our team has a record of success in litigating cases in probate court.
- Experience — Our probate lawyers have decades of experience in handling a wide range of probate and estate planning matters.
You can be assured of our personal attention to each of your urgent concerns.
Contact an estate planning attorney in Cherokee County
Dyer and Rusbridge, P.C. helps clients in Cherokee County with probate and estate planning matters from our office in the heart of Historic Downtown Canton. Our office hours are 8:30 a.m. to 5 p.m., Monday through Friday. Call us at 770-450-5733 or contact us online to schedule a consultation.