If you need assistance during the probate process in Ellijay, contact Fouts Law Group, LLC. We are here to help those who believe they may inherit assets as the result of a loved one’s death, are the executor of a will, or believe that the wishes of a loved one aren’t being respected and carried out after their passing.
Our Ellijay probate attorneys understand the intricacies of the probate process and we can guide you through fulfilling any role you have in this process. We can assist you in making sure the process of probate goes as smoothly as possible, and we can protect your rights during this legal process. Call our office at (678) 242-8344 to discover more about how an experienced probate lawyer can help you. We can provide you with more information and answer any questions you have about probate, including:
- How does the probate process work?
- Do I need a probate lawyer?
- How can an Ellijay probate attorney help me?
How Does the Probate Process Work?
The probate process requires that the court becomes involved in determining if the deceased had a valid will. The court will also determine if the will provides instructions on who should inherit assets. If there is no valid will, the probate process will involve determining who should inherit what property.
The probate process is an important legal process, determining the legacy left behind by a deceased person. During the probate process, decisions are made about the assets of the deceased. Creditors have the opportunity to make claims, and persons can challenge the last will and testament if they believe it doesn’t reflect the wishes of the person who has passed. The court can also determine whether estate taxes will be owed and by who.
Any decisions made by the court during the probate process are legally binding and will affect the family now and in the future. A variety of decisions will be made, including the guardianship of minor children, inheritance of assets, and the future of any owned businesses. If you have an inheritance at stake, it is important that you have sound legal guidance.
Do I Need a Probate Lawyer?
Under most circumstances, the probate process begins when the executor of a will initiates it. The executor is named by the deceased in their last will and testament. If no executor was named, the probate court will appoint someone who is related to the deceased or will appoint an estate administrator.
There are a variety of legal responsibilities that the executor has during the probate process. They have to make sure the deceased person’s assets are cared for. The executor also has fiduciary duty, must take care of all tax issues, and ensure that the wishes of the deceased are carried out in accordance with the last will and testament. Because the legal responsibilities of the executor can be complex, and there is the potential for personal liability, it is important that the executor be represented by competent legal help.
Any person who stands to inherit assets of the deceased after death does not require much in the way of legal assistance. That doesn’t mean, however, that beneficiaries should sit back and relax. Those people who stand to inherit from the deceased need their own legal advocate in the event the executor doesn’t fulfill their responsibilities.
In the case that someone believes that a last will and testament does not accurately reflect the wishes of the deceased, legal representation may be required. When this occurs, an attorney can make arguments regarding why the will should not be put through probate.
How Can an Ellijay Probate Attorney Help Me?
Fouts Law Group, LLC provides representation to those involved in probate, from heirs to executors and even those who wish to contest a will. To discover more about how an Ellijay probate attorney can provide you with assistance, call our office at (678) 242-8344 or contact us online.