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Estate Distribution in Marietta

The Probate process operates to ensure that your assets move to the correct heirs upon your eventual passing. While a court will oversee this process, it has no authority to actually distribute the property. Instead, it must make determinations as to which people have the right under the law to inherit assets.

There are two main factors that a court considers when making this decision. If you create a Will, that document determines your beneficiary’s property rights. If there is no Will, or the Will is incomplete, the court will apply the state’s Intestacy statute. People with questions about Estate Distribution in Marietta should reach out to our knowledgeable attorneys. Nelson Elder Care Law can provide more information about the rules concerning asset assignment and how proper Estate Planning can help you retain control over this process.

Creating a Will to Distribute Property

Every Estate Plan should center around a Will. A Will dictates what a Probate court will decide are the property rights of all potential heirs. When creating a Will, you may decide to distribute your assets to any other person in any way that you want.

The Probate court will act to authenticate the Will to determine its authenticity. Under the Official Code of Georgia Annotated § 53-4-20, a court can presume a Will to be authentic if it contains your signature well as those of at least two witnesses who observed the signing.

In addition, through a Will you can nominate an executor to oversee the distribution of your property. Having a trusted person in place as an executor can help to ensure a quicker and more trustworthy Estate Distribution in Marietta.

How Do Intestacy Laws Impact Estate Distribution?

As important as it is for a person to have a Will, situations can arise that prevent a person from making one or where a Probate court determines a Will to be invalid. In either case, the lack of a comprehensive Will means that the court will apply the state’s Intestacy statute to the estate.

Contained in O.C.G.A. § 53-2-1, the Intestacy laws determine which relatives have the right to inherit property in situations where a person dies without a Will. For example, if a person dies while married and with no children, the law says that the spouse will inherit the entire Estate. If a person dies with both a spouse and children, the spouse receives one-half share, and the children all receive equal shares of the remaining half. In the event that a person dies with neither a spouse nor children, the law states that siblings, parents, and other relatives may inherit. Consulting with our Marietta attorneys can help you understand how the state’s Intestacy laws could impact the distribution of your Estate.

Learn More About Estate Distribution from Our Marietta Attorneys

The Probate courts rely on strict procedures when determining the property rights of heirs. Having a comprehensive will in place is the surest way to retain control over Probate.

Without a will, the court must apply the state’s Intestacy laws. If you have further questions about Estate Distribution in Marietta, you should reach out to Nelson Elder Care Law today. We can answer your questions and assist in crafting Estate Plans that leave your property to your intended heirs.

Hear From Our Clients
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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