FAQs
How much does an estate-planning attorney usually cost?
This will be answered during your free consultation.
What is the point of an estate-planning attorney?
An estate-planning attorney helps you create legally valid documents that reflect your wishes and protect your loved ones. In Georgia, this typically includes drafting and executing wills, trusts, powers of attorney, and healthcare directives that comply with state laws.
Your attorney will also:
- Advise on strategies to minimize probate costs and tax exposure.
- Guide you through complex decisions, such as joint ownership or trust funding.
- Ensure your plan functions smoothly if you become incapacitated or pass away.
When should you hire an estate-planning attorney?
You should consult an estate-planning attorney whenever you experience a major life change or acquire significant assets. Common triggers include marriage, divorce, the birth of a child, retirement planning, or a serious health diagnosis. If you purchase property, start a business, blend families, or own property in other states, professional advice can help you avoid costly probate delays—especially in counties like Fulton or DeKalb.
Is hiring an estate-planning attorney worth it?
While online forms and templates may seem inexpensive, they often lack the precision required by Georgia courts. An attorney ensures your documents meet formal requirements—such as proper witnessing and notarization—helps you avoid ambiguous language that can spark family disputes, and uncovers opportunities to reduce administration costs. Investing in professional guidance can save your estate time and money in the long run.
What is the difference between an estate-planning attorney and a probate attorney?
An estate-planning attorney works with you before death or incapacity to structure asset transfers and minimize complications for your heirs. A probate attorney steps in after death or incapacity to help the personal administrator or guardian navigate the court-supervised process of validating wills, settling debts, and distributing assets under Georgia’s probate statutes. While some lawyers handle both roles, the planning and administration phases involve distinct procedures and timelines.
What is the difference between conservatorship and guardianship?
In Georgia, conservatorship concerns financial affairs: a court appoints a conservator to manage an incapacitated adult’s bank accounts, investments, and property. Guardianship relates to personal care: a guardian makes decisions about healthcare, living arrangements, and daily welfare for a minor or incapacitated adult. Both roles require court approval and ongoing reporting, but one focuses on money and the other on personal decisions.
What are the disadvantages of guardianship?
Guardianship should be a last resort because it permanently restricts the ward’s autonomy. The process involves court fees and regular court reports, which can be time-consuming and costly. Without carefully tailored court orders, a guardian may unintentionally overstep their authority, limiting the ward’s remaining ability to make decisions.
Can a conservator and guardian be the same person?
Yes. Georgia courts often appoint a single individual to serve as both conservator and guardian for the same person. Combining the roles can streamline decision-making and reduce administrative burdens, provided the appointed individual fulfills the distinct fiduciary duties of managing both financial and personal matters.
What does it mean for someone to have guardianship?
Having guardianship means the court has empowered you to act as a fiduciary decision-maker for another person. You are responsible for personal and medical choices, arranging appropriate living conditions, and safeguarding the ward’s best interests. Guardians must file periodic reports with the probate court and always act within the scope defined by the court.
Is a deed better than a title?
They serve different purposes. Title is the legal right to own and use property. A deed is the written instrument that conveys that right from one party to another and notifies the public when recorded. Recording the deed with the county clerk secures your title, but the deed itself is simply the document that demonstrates how you acquired ownership.
Who keeps the original title deeds?
After finalizing a transfer of ownership, the original signed deed is returned to you as the new owner for safekeeping—often in a safe-deposit box or secure file. A copy of that deed is recorded and maintained by the county clerk’s office to establish the public chain of title.
Does a home have a title or a deed?
A home has both. You hold title, which is the legal concept of ownership, and you use a deed—the recorded document—to transfer and prove that ownership in the public records.
What is the best proof of ownership of property?
The strongest proof of ownership in estate planning is a properly recorded deed. A current title insurance policy also provides practical evidence by guaranteeing against defects in that chain.
Have questions or ready to plan your future?
Ready to protect your estate planning assets? Contact ABG Legal to schedule your personalized consultation. Our experienced estate attorneys, probate lawyers, and estate planning deed lawyers are here to help you make smart, secure legal decisions that support your future and your family’s well-being.