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August 2016 Archives

Estate planning & probate needs may support a living trust

There is often a question among estate planning experts in Georgia and nationwide that pits the benefits of a will against those of a revocable living trust. In general, there is no innate conflict and no basic need to choose between the two. For purposes of estate planning & probate considerations, it is generally appropriate to use both a will and a living trust together. If it is decided to use a living trust, at a minimum the estate plan will include a pour-over will that will send the decedent's remaining assets to the trust at death.

Estate administration & probate is avoided by living trust

In some Georgia estate plans, a living trust is established to administer assets during the benefactor's life. The revocable living trust avoids estate administration & probate with respect to the assets that have been placed in the trust. At death, the trust is administered according to its terms by the trustee.

Family battle enters estate administration & probate stage

Some of the most contentious battles in a Georgia court can concern people feuding over the ownership of a decedent's estate. Even though the deceased person may have made out a will, that does not stop disgruntled relatives and others who were passed over from going into court and claiming undue influence or making challenge based on other legal doctrines. These disputes are raised and resolved during the estate administration & probate stage of a decedent's estate.

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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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