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Stephanie Kenecya Sheppard Lawyer

Stephanie Kenecya Sheppard

VERIFIED
Bankruptcy & Debt, Estate, Wills & Probate, Guardianships & Conservatorships, Business Organization

I assist clients in resolving their financial issues utilizing Chapter 7 and Chapter 13 of the U. S. Bankruptcy Code. I also assist clients with stud... (more)

Sherynda Lashundra Patrick Lawyer

Sherynda Lashundra Patrick

VERIFIED
Real Estate, Bankruptcy & Debt, Criminal, Family Law, Wills & Probate

Sherynda Patrick is a native of Atlanta and has practiced law within the State of Georgia since 2010. She is dedicated to maximizing the client experi... (more)

Ron  Debranski Lawyer

Ron Debranski

VERIFIED
Complex Litigation, Business & Trade, Personal Injury, Wills & Probate, Estate Planning
With Honors

Debranski & Associates, LLC is a general practice law firm. We are Family Attorneys serving North Metro Atlanta in the areas of Business law, Family l... (more)

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800-975-1431

William Charles Gottschalk Lawyer

William Charles Gottschalk

VERIFIED
Eminent Domain, Contract, Construction, Wills & Probate, Land Use & Zoning
Graduated Magna Cum Laude

Owning Real Estate and enjoying all of the rights and benefits of real estate ownership is a dream that most living in America long to achieve. Once t... (more)

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800-741-2360

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Chris L. Brannon

Wills & Probate, Wills, Elder Law, Estate Planning
Status:  In Good Standing           

Amy K. Wallas

Adoption, Estate Administration, Guardianships & Conservatorships, Living Wills, Family Law
Status:  In Good Standing           

Roy Paul Ames

Bankruptcy, Consumer Bankruptcy, Workout, Estate Administration
Status:  In Good Standing           

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Robert E. Turner

Tax, Wills & Probate, Estate Planning, Elder Law
Status:  In Good Standing           

Howard Jay Kent

Estate Administration, Workout, Consumer Bankruptcy, Bankruptcy
Status:  In Good Standing           

FREE CONSULTATION 

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T. Michele Reddick

Wills & Probate, Corporate, Wills, Trusts
Status:  In Good Standing           

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LEGAL TERMS

LIFE BENEFICIARY

A person who receives benefits, under a trust or by will, for his or her lifetime. For an example, see AB trust.

INTER VIVOS TRUST

The Latin name, favored by some lawyers, for a living trust. 'Inter vivos' is Latin for 'between the living.'

POUR-OVER WILL

A will that 'pours over' property into a trust when the will maker dies. Property left through the will must go through probate before it goes into the trust.

LAPSE

Under a will, the failure of a gift of property. A gift lapses when the beneficiary dies before the person who made the will, and no alternate has been named. S... (more...)
Under a will, the failure of a gift of property. A gift lapses when the beneficiary dies before the person who made the will, and no alternate has been named. Some states have anti-lapse statutes, which prevent gifts to relatives of the deceased person from lapsing unless the relative has no heirs of his or her own. A lapsed gift becomes part of the residuary estate.

SUMMARY PROBATE

A relatively simple probate proceeding available for 'small estates,' as that term is defined by state law. Every state's definition is different, and many are ... (more...)
A relatively simple probate proceeding available for 'small estates,' as that term is defined by state law. Every state's definition is different, and many are complicated, but a few examples include estates worth up to $100,000 in California; New York estates where property, excluding real estate and amounts that must be set aside for surviving family members, is worth $20,000 or less; and Texas estates where the value of property doesn't exceed what is needed to pay a family allowance and certain creditors.

EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974 (ERISA)

A federal law passed to protect pension rights. ERISA: sets minimum standards for pension plans, guaranteeing that pension rights cannot be unfairly denied to o... (more...)
A federal law passed to protect pension rights. ERISA: sets minimum standards for pension plans, guaranteeing that pension rights cannot be unfairly denied to or taken from a worker provides some protection for workers in the event certain types of pension plans cannot pay the benefits to which workers are entitled, and requires that employers provide full and clear information about employees' pension rights, including the way pension benefits accumulate, how the company invests pension funds, and when and how pension benefits can be collected.

DISINHERIT

To deliberately prevent someone from inheriting something. This is usually done by a provision in a will stating that someone who would ordinarily inherit prope... (more...)
To deliberately prevent someone from inheriting something. This is usually done by a provision in a will stating that someone who would ordinarily inherit property -- a close family member, for example -- should not receive it. In most states, you cannot completely disinherit your spouse; a surviving spouse has the right to claim a portion (usually one-third to one-half) of the deceased spouse's estate. With a few exceptions, however, you can expressly disinherit children.

FAMILY ALLOWANCE

A certain amount of a deceased person's money to which immediate family members are entitled at the beginning of the probate process. The allowance is meant to ... (more...)
A certain amount of a deceased person's money to which immediate family members are entitled at the beginning of the probate process. The allowance is meant to help support the surviving spouse and children during the time it takes to probate the estate. The amount is determined by state law and varies greatly from state to state.

EXECUTOR

The person named in a will to handle the property of someone who has died. The executor collects the property, pays debts and taxes, and then distributes what's... (more...)
The person named in a will to handle the property of someone who has died. The executor collects the property, pays debts and taxes, and then distributes what's left, as specified in the will. The executor also handles any probate court proceedings and notifies people and organizations of the death. Also called personal representatives.

SAMPLE LEGAL CASES

Morrison v. Morrison

... Gardner, III, Tucker, for Appellee. BENHAM, Justice. This is an appeal from a judgment rejecting caveats to a will and admitting the will to probate. Following the death in 2004 of W. Lee Morrison, Jr. (hereinafter, Testator), his 1998 ...

Dorsey v. Kennedy

... died on August 21, 2006, after a long battle with dementia. Dorothy B. Dorsey submitted a July 29, 1999 document purporting to be Kennedy's last will and testament for probate by the Gwinnett County Probate Court, and Kennedy's son and stepson filed caveats. ...

Sharpton v. Hall

... or guardianship. The probate court did not abuse its discretion in interpreting the statute and granting limited access to the records at issue here. We therefore affirm. Stan L. Hall, as administrator of the estate of Raymond Sharpton ...