Estate Planning and Probate
Planning for the future ensures that your loved ones are protected and your assets are distributed according to your wishes. Whether you need a will, trust, or help navigating probate, The Law Office of Enoch P. Hicks provides experienced legal guidance in estate planning and probate matters throughout Georgia.
Estate Planning Services – Preparing for the Future
A well-crafted estate plan provides peace of mind and protects your family’s financial well-being. At The Law Office of Enoch P. Hicks, we help individuals and families develop comprehensive estate plans tailored to their unique needs.
A last will and testament ensures that your assets are distributed
according to your wishes and prevents disputes among heirs. Without a will, Georgia’s intestacy laws determine who receives your assets. With a
will, you can:
- Appoint a trusted executor to manage your estate.
- Ensure your children or dependents are cared for.
- Avoid confusion and family disputes
A trust allows you to manage your estate efficiently while minimizing legal obstacles. Popular trust options include:
- Revocable Living Trusts – Control your assets during your lifetime and pass them on seamlessly.
- Irrevocable Trusts – Protect your assets from creditors and taxes
- Special Needs Trusts – Provide for loved ones with disabilities without affecting government benefits.
A power of attorney ensures that someone you trust can make financial or healthcare decisions on your behalf if you become incapacitated.
- Financial Power of Attorney – Manage finances, pay bills, and handle property transactions
- Healthcare Power of Attorney – Make medical decisions in case of incapacity.
An advance directive (living will) outlines your medical preferences for situations where you cannot express your wishes. This document can provide instructions on:
- Life-support decisions.
- Organ donation preferences
- Pain management and palliative care.
When a loved one passes away, their estate may need to go through probate—a court-supervised process of distributing assets. The Law Office of Enoch P. Hicks helps executors and families navigate probate efficiently while reducing stress during a difficult time.
Probate involves validating a will, settling debts, and distributing assets. If there is no will, Georgia’s intestacy laws determine the distribution of assets.
- Testate Probate – When the deceased left a valid will
- Intestate Probate – When there is no will, assets are distributed based on Georgia law
Duties of an Executor in Probate
If you have been named as the executor or personal representative of an estate, you are responsible for:
- Filing the will with the probate court.
- Notifying creditors and paying outstanding debts.
- Distributing assets according to the will or state law.
- Handling any disputes or challenges to the estate.
The Law Office of Enoch P. Hicks provides legal guidance to ensure executors fulfill their duties correctly and avoid costly legal disputes.
While probate is often necessary, there are ways to minimize or bypass probate, including:
- Creating a Living Trust – Assets held in a trust are not subject to probate.
- Joint Ownership – Property held with survivorship rights automatically transfers to the co-owner
- Payable-on-Death or Transfer-on-Death Accounts – These designations allow assets to transfer directly to beneficiaries
The Law Office of Enoch P. Hicks provides estate planning strategies to help streamline asset distribution and reduce legal hassles for your loved
ones.
Steps to Take After a Personal Injury Accident
Call the police for motor vehicle accidents or notify the property owner in premises liability cases.
Common Estate Planning and Probate Challenges
Many families face complex legal and financial challenges in estate planning and probate. We provide guidance on issues such as:
Disputes can arise if heirs believe a will was created under undue influence, fraud, or lack of capacity. We represent clients in estate litigation to resolve these disputes fairly.
If a loved one becomes incapacitated and did not establish a power of attorney, the court may appoint a guardian to make medical decisions or a conservator to handle financial affairs. We assist families in securing guardianship when necessary.
Estate Tax & Asset Protection
Georgia does not have a state estate tax, but federal estate tax laws may apply to high-value estates. Proper planning can help minimize tax liabilities and protect your wealth for future generations.
When Should I Start Estate Planning?
It’s never too early to start planning. Life changes such as marriage, having children, or acquiring assets are good times to create or update your estate plan.
What Happens If Someone Dies Without a Will in Georgia?
If someone dies intestate (without a will), Georgia law determines who inherits the estate, typically prioritizing spouses, children, and close relatives.
How Long Does Probate Take in Georgia?
Probate timelines vary, but most cases take between 6 to 12 months. Complex estates or legal disputes can extend the process.
Can a Will Be Contested?
Yes. A will can be challenged on grounds of fraud, undue influence, improper execution, or lack of mental capacity.
Do I Need a Lawyer for Probate?
While probate can be handled without an attorney, having legal guidance helps avoid mistakes, expedite the process, and prevent disputes.
Why Choose the Law Office of Enoch P. Hicks?
Attorney Enoch P. Hicks understands the complexities of estate planning and probate. His legal services focus on protecting families, preserving wealth, and ensuring smooth transitions for future generations.
Personalized Estate Planning Solutions
Every family’s situation is unique. We provide customized estate plans tailored to your needs.
Compassionate Probate Assistance
Losing a loved one is difficult. We handle the legal complexities of probate so you can focus on your family.
Trusted Legal Guidance
With years of experience in estate law, we offer comprehensive support to individuals, families, and executors.
Schedule Your Free Estate Planning or Probate Consultation
Whether you need to draft a will, establish a trust, or navigate probate, The Law Office of Enoch P. Hicks is here to help.
Protect Your Legacy – Schedule Your Free Consultation Today
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