I was having a discussion with a potential client today who asked me if I did anything other than handling wills and trusts. I told her that I also handled all matters that would be heard by a probate court. Being rather versed in the law for someone without any legal training or background, she explained that she thought that probate simply referred to having your will read and administered. It made me realize that I have done a poor job explaining what it is that I do, other than the drafting of estate planning documents and tax planning. The probate courts in Georgia have original jurisdiction, meaning that cases start there (generally) as opposed to another type of trial court, in a number of cases like: guardianships/conservatorships; involuntary commitments; compromised claims for minors; as well as, disputes that concern a will; or who rightful heirs are in the case where there was no will; etc. In addition to handling these types of cases, a lot of my work also deals with trying to avoid situations where these options of last resort are implicated. Typically, with proper planning you can save you and your loved ones the great expense that comes with not having a proper advance healthcare directive (often referred to as a Living Will), durable power of attorney, and other medical authorizations. These documents help direct your loved ones when you are unable to speak for yourself. I have seen the tragic occurrence of someone spending a great deal of money on an estate plan but failed to have the right documents in place during a time of incapacity. It can cause great strife within a family when siblings fight over how they think their very elderly parents should be treated. Why even let that happen? These documents are simple to prepare with the proper legal advice and can protect you against a variety of things that have the potential to affect you and your loved ones at every stage of life. Even my most basic Will based estate plan packages contain these documents. Most of these topics are quite difficult to explain in a few short sentences, so please just consider them background information as this is not in any way intended to be legal advice. If you have questions about anything dealing with wills, trusts, elder law, or probate law; please give me a call at 678.835.7210, or send me an email at jordan@jordanalfordlaw. Also, please share this with any of your friends and family members who may need help dealing with issues like these.
Posted on: Tue, 11 Mar 2014 17:52:01 +0000
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