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July 2016 Archives

Estate administration & probate provides no advance guarantees

One who is a potential beneficiary of an estate or trust should not plan his or her future on getting the inheritance, and certainly, predicting the amount that may be bequeathed cannot be done by guesswork. Whether one lives in Georgia or another state, plans should not be made until the estate or trust attorney, or the executor or trustee, notifies the individual that a bequest is definitely forthcoming. Even then, the gift will still have to go through the procedures demanded by the estate administration & probate process.

Estate administration & probate bypassed with a living trust

The revocable living trust is generally what estate planners in Georgia and elsewhere will use to avoid having to go through estate probate when a benefactor dies. There is no estate administration & probate process in the state court if the assets are already transferred into a living trust prior to the time of the decedent's death. Avoiding probate has the advantage of keeping the information about the person's life private and may have other benefits depending on the particular circumstances.

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The Bowden Spratt Law Firm, P.C.
191 Peachtree Street NE, Suite 4400
Atlanta, GA 30303
Toll Free: 877-920-1051
Local: 404-523-8337
Fax: 404-523-8323
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