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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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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

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

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

Josh Nelson, and his staff, have been amazingly helpful to our family. The ins and outs of nursing homes, the rules and regulations that govern Medicare and Medicaid are daunting and the folks at Nelson Elder Care Law have been informative, responsive, and above all, empathetic. I cannot emphasize enough how their service has taken a weight off of our shoulders especially during a world pandemic that has targeted nursing homes across our country. I highly recommend retaining Josh and his firm!

- Marcia

I had a simple legal question to them that I needed answered and they very helpful in giving me the information I needed. I highly recommend them and will reach out to them if I need more advice or assistance. Thank you for taking your time to just answer a couple of questions I had!

- Ben