Probate is the court-supervised process by which a decedent’s estate is distributed among her or his surviving heirs, in accordance with the provisions of their will. It allows the decedent’s executor to gather their assets, pay all outstanding debts and taxes, and eventually transfer remaining assets to the people who will inherit them. In the state of Georgia, the probate process typically lasts between eight and twelve months.
Unfortunately, there are cases in which a decedent’s will is contested by one or more heirs. These disputes typically arise when someone is not sharing information about the estate, destroying and/or misusing estate property, presenting a fraudulent will and/or opposing a valid will. A dispute may also arise if one or more heirs believe that the executor is failing to do her or his job. Keep in mind that these disputes are not to be taken lightly.
Advantages to Establishing a Will
One of the principal advantages to creating a last will and testament is that it allows you to choose the personal representative of your estate (e.g. the executor). Your executor is responsible for carrying out the wishes specified in your will, and while you may use your will for a variety of reasons, the most important is to dictate how your assets (i.e. real estate, vehicles, jewelry, business holdings, bank accounts, family heirlooms, etc.) should be distributed upon your death. A Georgia will also allows you to name someone as the legal guardian of your children.
The Help You Need & Deserve
If you and your family are currently engaged in a contentious heir dispute, attorney Tom Cain has the experience and skill set necessary to help you move forward. Tom Cain, Attorney at Law, P.C. will present a number of different strategies that are likely to produce the outcome you desire, as well as discuss the pros and cons of each option with you in an honest and professional manner.