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Business and Avoiding Probate Problems, Elder Law Attorney, Woodstock, GA


Small and family business owners have heard many nightmares about similar businesses that have had problems with probate. Many of the stories are true. However, with careful planning most of the problems associated with probate can be avoided.

Business owners normally fear probate because of the numerous nightmare stories they have heard about it. Many small businesses have had problems with probate. In the worst cases, the problems have led to the end of the business itself.

However, the truth is that most probate problems can be avoided with proper planning.

Recently, Forbes published an article titled “Five Ways Business Owners Can Avoid Probate Problems.”

Their helpful list includes the following tips:

  1. Trusts – If the business is placed in a trust, then it can pass to the next generation without going through probate.
  2. Real Estate – Several methods exist to avoid probate with real estate including joint ownership and transfer on death deeds.
  3. Personal Property – Make sure that business-related personal property is properly disposed of in an estate plan.
  4. Wills – Even if you have a trust, you still need a will that works with that trust.
  5. Succession Plan – Make sure you have a succession plan in place for the business.

Questions about these tips and how they can be put to work for the benefit of your business should be directed to an experienced estate planning attorney.

Reference: Forbes (May 4, 2015) “Five Ways Business Owners Can Avoid Probate Problems.”

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“On the threshold of retirement, we finally decided to quit thinking we could self-prepare the requisite documents. We had previously had only a very simple will. We needed the necessary legal (including updated will) & health care docs but didn’t want to deal with the time & complication of legalese. Cindy made the process relatively painless. She took the time to explain and answer questions without trying to upsell services. We were done in 2 meetings plus the reading of emailed drafts. In addition to preparing the documents, Nelson Eldercare will be there when our adult children need advice on executing the plans we’ve put in place.So glad it’s behind us and would recommend Cindy and her helpful staff.”

- Bonnie

Cindy and her company treat their clients like family. Nelson’s offers clear, direct, and honest guidance in planning for your families security and future. No one wants to actively sit down and make these decisions, but Nelson’s makes this process seamless. I was so impressed with their willingness to answer all questions big or small. So glad I made the decision have them help my mom and dad and now me. You can’t go wrong with Nelson’s Elder Care Law.

- Hope

The very best elder law attorney and staff anyone could ever ask for! I have referred a number of clients to Cindy and she never disappoints. She is kind, caring, and extremely thorough in making sure everything is completed as it should be. I highly recommend Cindy for anyone needing lawyer services; she truly goes above and beyond for every client she helps and has had a huge impact in so many peoples’ lives. Thank you, Cindy and staff, for everything that you do- I’m so glad to know you!

- Kerri

I heard Cindy’s presentation at a Senior Luncheon at my church, and was very impressed. She helped my daughter and me understand many aspects of elder law. Josh has also been very helpful in my planning to enter an independent living situation . I have told many friends about them.

- Charlotte

Cindy and the Nelson Elder Care Law team are trustworthy and helpful. They are the experts in elder care law. At Leaf Cremation, we entrust our families to the care of the Nelson team when their services are needed.

- Pierce