Family Law Attorney Canton GA

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Thoughtful Advocacy by Our Canton Probate Attorneys

Canton probate lawyers get you through the probate process

Our Canton probate attorneys at The Law Offices of Edwards & Johnson, LLC understand how hard it is when a loved one dies and how hard it is to begin the legal process of probate.

Before you can carry out your loved one’s wishes, you must prove the will is valid or testate, transfer the title of property from your loved one’s estate to the heirs and resolve any outstanding debts.

Whether this is your first time or not, we fully understand the intricacies of Georgia probate laws and are here to make this process as easy as possible for you.

Probate administration enables the goals and wishes of your loved one to be achieved while meeting the requirements of state and probate courts. The size of the estate may influence the complexity of the probate process.

Our Canton probate attorneys guide you through the steps necessary to settle the estate of your loved one in a thoughtful, timely and cost-efficient manner.

We can help you to do the following:

  • Prove a valid will exists
  • Distribute property
  • Locate assets
  • Determine outstanding debt
  • Administer testate estates
  • Administer intestate estates
  • File petitions for letters testamentary
  • File petitions for letters of administration
  • File objections to executors
  • File objections to administrators
  • Defend a will
  • Contest a will
  • Handle trust interpretation disputes

We are ready to either initiate the probate process or defend you in estate planning litigation matters.

Canton probate lawyers assisting you in your important probate role

We will also help you understand your rights or duties as a personal representative, responsible for the administration of an estate including paying creditors and heirs.Types of probate procedures in Georgia

Our Canton probate lawyers bring 50 years of combined experience in helping clients determine which probate procedure is most appropriate for their specific situation.

When there is a will:

  • Solemn form probate ― Requires notice to all heirs, and the whole estate can be administered. It must be proven that a valid will exists; if that is done and there are no contests, the will becomes legal immediately.
  • Common form probate ― Does not require notice to all the heirs and will not allow the transfer of real estate. The will is open to challenge for a four-year period at minimum.
  • Solemn form when executor is unable or unwilling to serve ― An executor who can’t serve must provide testimony or sign a declination. The person to take on these duties is called an Administrator C.T.A. and can be appointed by the court or chosen by a majority of the beneficiaries.
  • Filing a will not for probate ― If there is no property to be distributed under the will, probate is not necessary but the will must still be filed with the probate court.

When there is no will:

  • Permanent administration ― Requires notice to all heirs. The administrator can be the surviving spouse or sole heir. The administrator can also be selected by a majority of the heirs. His or her duties include posting bond and filing inventories and tax returns.
  • Temporary administration ― Requires no notice to heirs, but a majority of the heirs may select the temporary administrator, or the court may appoint him or her. Duties include collecting and preserving your loved one’s assets, posting bond and filing inventories and tax returns.

Why The Law Offices of Edwards & Johnson, LLC?

At The Law Offices of Edwards & Johnson, LLC, our attorneys and staff truly care about what happens to you and your probate matters. With flexible hours by appointment and responsive email accessibility during business hours, our firm provides you with the confidence that comes with knowing that someone at the firm is readily available to review and assess your case.

 

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