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Bryant & O'Connor Law Firm
United States
เข้าร่วมเมื่อ 29 มี.ค. 2022
Our law firm helps families and business owners with their estate planning, real estate, and legal business maintenance, and our goal is to provide content which will educate our audience on the need to work with qualified professionals to protect the important things. The lawyers in our firm our members of the State Bar of Georgia and are not permitted to practice in any other state. Nothing that we produce for the public is intended as legal advice, and you should be sure to consult with your own attorney regarding your legal needs.
Do Stepchildren Have Rights to Your Estate?
With regard to inheritances and rights under estates, the law (at least in Georgia) does not, by default, treat stepchildren the same as legal biological or adopted children. Therefore, if you wanted to include them as an agent for you or as a beneficiary, it is imperative that you do proactive planning with an attorney. As with everything legal, there many "ifs, and, or buts" involved, so talking your situation out with an expert is highly recommended.
มุมมอง: 642
วีดีโอ
Do In-Laws Have Rights in Your Estate?
มุมมอง 129ปีที่แล้ว
Relationships with in-laws can be complicated, and this is especially true when it comes to family property. In some cases, in-laws are thought of just like family, but sometimes there're thought of as "outsiders." But how does the law treat them when it comes time to divide your estate? Of course it depends on timing and other factors, but we address some general concepts in this video.
Life Estates: The Good and the Bad (Georgia)
มุมมอง 288ปีที่แล้ว
A life estate is an interest in real estate that only lasts as long as some measuring life. In the most common situation, the person owning a life estate has the right to live on a property or use a property for non-wasteful things during their own life, and at their death, a remainderman gets title in the property. As a probate avoidance or asset protection tool, many people deed property to a...
Don't Make These Four Life Insurance Beneficiary Mistakes
มุมมอง 30ปีที่แล้ว
Making these four life insurance beneficiary mistakes can be disastrous for the people you are trying to take care of. For additional information, read our recent blog post on Four Common Mistakes Made on Life Insurance Beneficiary Designations: www.bryantoconnor.com/blog/2023/03/4-common-mistakes-made-on-life-insurance-beneficiary-designations/
What is the Five Year Lookback Period?
มุมมอง 42ปีที่แล้ว
When someone talks about the five-year lookback period, what they are talking about is a question that Medicaid will ask if you apply for Medicaid to pay your for your long-term residential nursing care. Any gifts that you make, regardless of size, during the five year period prior to applying for Medicaid will result in a penalty period during which you will not qualify for Medicaid to pay for...
What is a Qualified Income Trust (Miller Trust)?
มุมมอง 74ปีที่แล้ว
For seniors applying for Georgia Medicaid to pay for nursing home care, to qualify you must have less than $2,000.00 in resources (if an unmarried individual) and also have less than a certain amount in income. Many people spend down their resources so that they get below the resource limit, but they still fail to qualify because they have social security and pension or retirement income that e...
Can You Really Only Give Away $17,000 per Year?
มุมมอง 102 ปีที่แล้ว
I often get the question, "I can give $17,000 per year away, right?" The source of this number, "$17,000.00" is in the Internal Revenue Code related to gift taxes. Technically, if you give more than $17,000.00 per year (in 2023), the gift is taxable, and you need to file a gift tax return. Generally, $17,000.00 is the amount that is excluded per year, but anything given to a single nonexempt re...
What Happens When You Lose Your Will?
มุมมอง 352 ปีที่แล้ว
Georgia law frowns upon probating a copy of a will, requiring the propounder of the will to demonstrate by a preponderance of the evidence that the copy is a true copy of the original and that the testator did not revoke the will. Otherwise the lost original will is presumed revocked Without the right evidence, especially if an heir object, this can be a tall task and may not work out at all. F...
What Is Estate Planning Even For?
มุมมอง 292 ปีที่แล้ว
Estate Planning is about people, not documents. In this video, Daniel discusses many of the components of estate planning, none of which are estate planning by themselves. At the end of the day, it's not about which document or documents you, but instead it's about getting to the right result, taking into account your values and purposes in life.
Protecting Your Property if You Get Dementia
มุมมอง 602 ปีที่แล้ว
Discussion of problems with property ownership when owner becomes mentally incapacitated. This applies to any type of cognitive decline, including dementia, alzheimers, brain injuries, and other capacity-related issues that arise. Any laws referenced apply only to Georgia. As a lawyer, one of the most uncomfortable situations is when someone is not in any shape to handle their affairs, yet they...
Giant Estate Planning Mistake - Not Making an Asset Inventory
มุมมอง 362 ปีที่แล้ว
No one wants their state government to get their resources, but it happens all of the time when people die without inventorying their assets so that their representative knows what to look for. There are approximately $1,000,000,000 (one billion dollars) in unclaimed property in Georgia alone. Creating an inventory is not hard to do - you just have to sit down and do it. Inventorying assets is ...
Do I Need an LLC for My Real Estate?
มุมมอง 192 ปีที่แล้ว
Limited liability companies are used by many real estate investors to own their property. There are many reasons, both simple and complex, but in this video I go over some of the basics and ask some questions you should consider if you either own investment properties in your personal name or if you have an LLC and need to dot a few i's to make it work as intended.
Will the Nursing Home take my Estate?
มุมมอง 332 ปีที่แล้ว
A big concern of many middle class families is the high cost of nursing home care and the possibility that one might need to use Medicaid to pay for nursing home care. And whatever Medicaid pays for your care, they could potentially seek recovery from your estate. This leads many people to think the nursing home will take their estate. This topic is fairly broad and many of the specifics can't ...
Six Ways Wills Fail. Will Yours?
มุมมอง 482 ปีที่แล้ว
There are a lot of ways that the unwary willmaker might create a document that does not end up going into effect or end up having unintended consequences. This video discusses six of those reasons, including losing the original, failing to define property properly, and failing to account for minor beneficiaries or surviving spouses. This is general information and not intended to be legal advic...
What Happens if You Die Without A Will?
มุมมอง 562 ปีที่แล้ว
A brief walk through the administration process in Georgia. The question of what happens if die without a will has a lot of misconceived answers. In short, there is a prescribed way the law requires your property to be administered, and it applies to everyone who dies owning property that remains titled in their estate. The only way to avoid this is to have proper planning (for which you should...
How to Help your Special Needs Child After Your Death
มุมมอง 312 ปีที่แล้ว
How to Help your Special Needs Child After Your Death
Eight Things to Know About Powers of Attorney
มุมมอง 252 ปีที่แล้ว
Eight Things to Know About Powers of Attorney
Why Do Wills Have to Be Probated in Georgia?
มุมมอง 1.7K2 ปีที่แล้ว
Why Do Wills Have to Be Probated in Georgia?
What is a Personal Property Memorandum?
มุมมอง 1162 ปีที่แล้ว
What is a Personal Property Memorandum?
Six Things You Can Do With a Georgia Will (and Three Things You Can't)
มุมมอง 602 ปีที่แล้ว
Six Things You Can Do With a Georgia Will (and Three Things You Can't)
Seven of the Risks Covered By Owner's Title Insurance
มุมมอง 602 ปีที่แล้ว
Seven of the Risks Covered By Owner's Title Insurance
Eight Ways Home Purchasers Help Make Closing Go Smoothly
มุมมอง 62 ปีที่แล้ว
Eight Ways Home Purchasers Help Make Closing Go Smoothly
4 Reasons Home Purchasers Should Get Title Insurance
มุมมอง 342 ปีที่แล้ว
4 Reasons Home Purchasers Should Get Title Insurance
6 Common Mistakes People Make in Estate Planning
มุมมอง 292 ปีที่แล้ว
6 Common Mistakes People Make in Estate Planning
IM in Kentucky and my husband left everything to me in all money had it set it , but I want my name on my deed of my house and they wont sign to allow that , I took care of him when he got sick they are in other states and not even in Kentucky , I want my full name on my deed cause it is my home He and I worked for , how is anyone owed what my husband and I worked for and he fully meant to go to me , it hurts me so much as I was always good to them and thought they cared more for me and Im still emotionally hurting from loosing him and they are adding more on me
what state is this? I live in texas
Dont have any step children
Living Will fraud. A Spouse of my stepfather. Dropping off a Living Will 13 years before his death at the probate office. The spouse claimed everything. It gets much worse how his death came about. How would the probate office 13 years later proof that person was present at the time the Living Will was dropped off by their Spouse?
What if you are not in a home and what about the chronic special needs plan s
If my sister and I each get 50% of the house and I am the executor, how do I make her move out so I can sell the house and pay the estate's debts? She refuses to leave and is just squatting there now.
No one likes this answer, but you'll need to evaluate your situation with a lawyer who practices in your jurisdiction. There is almost certainly a way to get it done and likely involves reviewing what rights the will gives you and then acting on those rights. Does it give you the power to sell? If it does, you have a good argument that you have the right to dispossess the other beneficiary in order to sell the property and benefit the estate as a whole. If the estate has debts that can't be paid without liquidating the property, that's another basis to get leave to evict this individual. Again, there are several steps involved and facts to evaluate, and you will very likely need a lawyer to proceed through the evaluation and procedure.
and it’s actually in vidalia.
this is in georgia.
my question is what can be done to stop a person who says they are named in the will as the executor but will not let family see the will. and the will has not been filed with probate court. and this person is saying that the family heirs must sign documents to give her permission to be the executor
If you're an heir, you have a right to see the will (if they're trying to probate one) before you consent to the will being admitted to probate, which will say whether or not the person is Executor
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Found this very helpful. Thank you.
We had a will done by a lawyer about 20 years ago. For some reason we cannot locate it. The probate court doesn't have it and the lawyer who isn't practicing any longer said that they discard them after five years. Are we going to have to make another one?
Hey, there. Without the original will, probating a copy will be very challenging (your nominated executor would have to prove what happened to the original). If no one can locate even a copy of your will, there would be no proof of what the original said, making it impossible to probate. If you can't find the original, it sounds like a new will is necessary if you want your estate to be administered according to your wishes.
@@bryantoconnorlawfirm3219 Thanks for responding.
Great info. I'm going to try my best to delay my death as long as possible, but I'll sleep well knowing I've got a lawyer!
And not just any lawyer
Is it normal for the petition to be sent to you with language from a trust but the petition only included a copy of a will of which does not include that same language?
If it is a petition to probate a will (assuming it's in Georgia), you should receive a copy of whatever it is that they are asking the court to admit to probate, including the relevant trust provisions (if they are in play). If you have a concern that everything is not included or have questions about what actions you need to take, I suggest promptly consulting with a local attorney who handles probate because there could be deadlines involved. You could also contact the court where the petition is filed or being filed and make sure you received a copy of everything the court has.
Great advice for a reasonable price these guys are getting it done right
Worth a listen
Very helpful! I’ll be removing my funeral playlist from my will…
Whether you do or not, no one will ever know until it's too late