Wilson Legal, P.C. Cumming, GA Estate Planning - Probate Administration - Family & Criminal Law

There are many reasons that you might need file a case in probate court. The probate court handles many types of cases and matters. Many times a person may feel confident handling small matters themselves like the process of obtaining a marriage license. Probate court forms are available online with instructions to help people filing on their own. But there are times when having an attorney to help may make all the difference. A mistake may cost you more valuable time and a second or third payment of the filing fee when you re-file. Wilson Legal is proud to lend a hand for any of the circumstances requiring you to file your matter in probate court. We have listed a few of the common circumstances where legal counsel is very important below.

Probating a Will:
- In Georgia, the probate process is not as daunting and costly as it is in other states. When someone dies with or without a will, the people left behind must use the probate court and follow the processes for gathering the deceased person’s assets together, paying debts, and disbursing the remaining money and assets. The penalties for making a mistake during this process can be severe. If you are acting as executor or representative for an estate, it is very important that you ask an attorney for guidance during this process.

Conservatorship/Guardianship:
- Elderly adults may not be able to care for themselves or make decisions for themselves. Sometimes their personal care and financial care can be provided without the probate court’s intervention. But sometimes, it is necessary to ask the court to allow another person – usually a child of the elderly person – to take care of the elderly adult both in the day-to-day care (guardian) and to pay their bills and handle their finanical affairs (conservator).
- Often this becomes necessary when a child must sell an asset to pay for assisted-living for an elderly parent. You may file for a conservatorship or guardianship on your own. But the process is technical and if you make a mistake the first time, you will have to re-file and pay the filing fee twice. Filing fees can be as expensive as $450 depending on the county that you are in. If you’re thinking about this option, it’s well worth the consultation fee to talk to an attorney about your options and getting help with the filing process.

Will Contest:
- Sometimes the heirs of an estate – the people who are named in a will or a descendant of the dead person – cannot agree on something and they file an objection with the probate court. There may be issues regarding:
  1. Who will be guardian of minor children;
  2. How much money they should receive and/or who should receiveit;
  3. Improper actions of the executor or representative;
  4. Disagreement about what the will means; or
  5. Disagreement about who the rightful heirs are.
- It is important to ask an attorney before you file an objection. An attorney will help you gather evidence to show that what you believe is true if that is the case and to resolve the issue.

Business Law:
- You need someone to help you make those decisions that you’re just not sure about. We can help. Below we’ve listed several things we can do for you and your business. It’s a good idea to have an attorney on retainer and available to call for issues that come up in day-to-day business operations as well as someone who can help you enforce your own policies or pursue lawsuits that are beneficial for your company.
  1. Business Succession Plans
    - If you don’t have a plan for your business, you need one.
    - Eventually you will (1) go on vacation, (2) become disabled, and/or (3) die.
    - What will happen to your business when each of these occurs? Without a plan, your business is much less likely to survive for the next generation or future buyer.
  2. General Corporate
    - Corporate Setup
    - Review lease agreements
    - Contract review
    - Non-compete agreements
    - Non-disclosure agreements
    - Shareholder issues and disagreements
  3. Employee/ HR
    - Handbooks,
    - Sample Policies, and
    - Forms for issues like discrimination and sexual harrassment
  4. Collections
    - Vendors who fail to provide a service
    - Customer who fail to pay for a service or product