Columbus, GA Estate Planning Law Firms & Lawyers

Assets held in an account that is subject to a payable on death (POD) beneficiary designation do not become part of the decedent's probate estate. Instead, they are paid directly to the beneficiary. However, with POD or transfer on death (TOD) designation, if the decedent's estate turns out to be insolvent, the creditors could legally come looking to the POD/TOD beneficiary for payment of the decedent's debts. So, there is some risk of a creditor claim, although it's likely to be small, and the probate estate assets should be used before any creditor comes after POD or TOD beneficiaries. (Note: some assets payable under beneficiary designations that are NOT POD or TOD designations, such as beneficiary designations on IRAs or other retirement plans and life insurance, have more protection against creditor claims than POD/TOD accounts do.) Georgia has no estate or inheritance taxes, so assets received from a Georgia decedent normally will not be subject to any such taxes unless the decedent's estate was large enough to generate a federal estate tax. If you have actual questions about a real situation, however, please don't rely on this kind of forum. Get an actual consultation from an attorney. That's the only way that anyone will be able to get enough information about your actual situation to give you legal advice. Best wishes to you.

If "you" are a couple, then you actually should each have a Will. While there is such a thing as a "joint Will," they are not favored in Georgia and don't work very well at all. So I hope you mean that you each have Wills already. "Estate planning" is the process of analyzing a given person or couple's situation (family, finances, wishes, hopes, special issues, etc) and ensuring that they have legal documents, asset titles, and beneficiary designations all set up so that the person or couple and their loved ones are protected against the potentially devastating results of a death or incapacity. So yes, you should have an estate plan. Just having a Will is generally not enough: you also should each have, at a minimum, a power of attorney and an advance directive for health care. You may also need or at least be able to benefit from having other documents, such as revocable or irrevocable trusts, depending on what kinds of assets you own, how much you are worth, and what you want to leave as your legacy. Even if you already have all of the basic documents in place, if they are more than a few years old, it might be a good idea to have them reviewed. Georgia has had a number of very significant changes to its laws in the past 2 years, and there have also been a number of significant changes in federal law. These changes may mean that the documents you currently have could be improved to better serve you and your family. It may be that you don't end up needing to make changes right now, but if you have a review it at least lets you make sure that you know if you DO need some, or if there are some that you could make that would be beneficial for you and better serve your needs. Many estate planning attorneys offer estate planning consultations free of charge and free of obligation (like my firm), and it's time well-spent on your part. Best wishes to you.

Get a lawyer and challenge her actions in court. But first, ask yourself what is at stake. Do the math. Do not spend $1000 to get a gun you could buy for $200. Of course, if he had rare or heirloom guns, maybe they are worth it. But get that clear in your mind before you start the fight.