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William Faulkner
About | Practice Areas
Faulkner Law Offices, LLC
331 Washington Avenue Marietta, GA 30060» view map
Estate Law
Plan For Your Future In Life And Business

Let Stan Faulkner, lead counsel at Faulkner Law Offices, help with your family's estate plan or business law strategy. He can streamline the entire legal process for you.

800-793-1121
1. https://www.lawyer.com/imgup/m/ecae876fb446db326350115e8070920e.jpg William Faulkner
  Attorney at Law- GA, 2001
  Saint Louis University School of Law, J.D. 2001
2. AboutFaulkner Law
  Plan For Your Future In Life And Business
3. Practice AreasExpertise
  Estate Law
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Richard Hays Goolsby

✓ VERIFIED

Divorce & Family Law, Criminal, Wills & Probate, Accident & Injury

Richard Hays Goolsby, Jr. currently practices law in both Georgia and South Carolina and is a proud member of both bar associations. Richard, Jr. foun... (more)

FREE CONSULTATION

CONTACT

800-825-5561

233 Davis Road, Augusta, GA 30907

John Andrew Donsbach

Wills & Probate, Corporate, Franchising, Business Organization

Status: In Good Standing Licensed: 25 Years

CONTACT

Augusta, GA 30917

James T. Plunkett

Construction, Real Estate, Wills & Probate, Franchising, Banking & Finance

Status: In Good Standing Licensed: 37 Years

CONTACT

429 Walker Street, Augusta, GA 30901

Stephen E. Shepard

Wills & Probate, Employment, Divorce, Personal Injury

Status: In Good Standing Licensed: 48 Years

CONTACT

3123 Natalie Circle, Augusta, GA 30909

David C. Jones

Real Estate, Trusts, Estate Planning, Business Organization

Status: In Good Standing Licensed: 27 Years

CONTACT

3527 Walton Way Extension, Augusta, GA 30909

Scott J. Klosinski

Commercial Real Estate, Estate Planning, Collection, Bankruptcy & Debt

Status: In Good Standing Licensed: 38 Years

CONTACT

7 George Wilson Court, Augusta, GA 30909

Jason W. Blanchard

Litigation, Family Law, Corporate, Estate Planning

Status: In Good Standing

CONTACT

Augusta, GA 30903

Fred M. Kennedy

Wills & Probate, Family Law, Bad Faith Insurance, Medical Malpractice

Status: In Good Standing Licensed: 47 Years

CONTACT

Augusta, GA 30903

Frank W. Allen

Real Estate, Wills & Probate, Employment Discrimination, Family Law, Collection

Status: In Good Standing Licensed: 55 Years

CONTACT

3643 Walton Way Extension, Augusta, GA 30909

William R. Mccracken

Lawsuit & Dispute, Social Security, Estate, Accident & Injury

Status: In Good Standing

CONTACT

505 Courthouse Lane, Augusta, GA 30901

800-923-0641

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LEGAL TERMS

PROBATE

The court process following a person's death that includes proving the authenticity of the deceased person's will appointing someone to handle the deceased pers... (more...)

The court process following a person's death that includes proving the authenticity of the deceased person's will appointing someone to handle the deceased person's affairs identifying and inventorying the deceased person's property paying debts and taxes identifying heirs, and distributing the deceased person's property according to the will or, if there is no will, according to state law. Formal court-supervised probate is a costly, time-consuming process -- a windfall for lawyers -- which is best avoided if possible.

RESIDUARY ESTATE

The property that remains in a deceased person's estate after all specific gifts are made, and all debts, taxes, administrative fees, probate costs, and court c... (more...)

The property that remains in a deceased person's estate after all specific gifts are made, and all debts, taxes, administrative fees, probate costs, and court costs are paid. The residuary estate also includes any gifts under a will that fail or lapse. For example, Connie's will leaves her house and all its furnishings to Andrew, her VW bug to her friend Carl, and the remainder of her property (the residuary estate) to her sister Sara. She doesn't name any alternate beneficiaries. Carl dies before Connie. The VW bug becomes part of the residuary estate and passes to Sara, along with all of Connie's property other than the house and furnishings. Also called the residual estate or residue.

FAMILY POT TRUST

See pot trust.

QTIP TRUST

A type of trust for wealthy married couples that allows a surviving spouse to postpone estate taxes. A QTIP trust allows the surviving spouse to make use of the... (more...)

A type of trust for wealthy married couples that allows a surviving spouse to postpone estate taxes. A QTIP trust allows the surviving spouse to make use of the trust property tax-free. Taxes are deferred until the surviving spouse dies and the trust property is received by the final trust beneficiaries, who were named by the first spouse to die.

ESTATE TAXES

Taxes imposed by the state or federal government on property as it passes from the dead to the living. All property you own, whatever the form of ownership, and... (more...)

Taxes imposed by the state or federal government on property as it passes from the dead to the living. All property you own, whatever the form of ownership, and whether or not it goes through probate after your death, is subject to federal estate tax. Currently, however, federal estate tax is due only if your property is worth at least $2 million when you die. The estate tax is scheduled to be repealed for one year, in 2010, but Congress will probably make the repeal (or a very high exempt amount) permanent. Any property left to a surviving spouse (if he or she is a U.S. citizen) or a tax-exempt charity is exempt from federal estate taxes. Many states now also impose their own estate taxes or inheritance taxes.

FINAL BENEFICIARY

The person or institution designated to receive trust property upon the death of a life beneficiary. For example, Jim creates a trust through which his wife Jan... (more...)

The person or institution designated to receive trust property upon the death of a life beneficiary. For example, Jim creates a trust through which his wife Jane receives income for the duration of her life. Their daughter, the final beneficiary, receives the trust principal after Jane's death.

ADEMPTION

The failure of a bequest of property in a will. The gift fails (is 'adeemed') because the person who made the will no longer owns the property when he or she di... (more...)

The failure of a bequest of property in a will. The gift fails (is 'adeemed') because the person who made the will no longer owns the property when he or she dies. Often this happens because the property has been sold, destroyed or given away to someone other than the beneficiary named in the will. A bequest may also be adeemed when the will maker, while still living, gives the property to the intended beneficiary (called 'ademption by satisfaction'). When a bequest is adeemed, the beneficiary named in the will is out of luck; he or she doesn't get cash or a different item of property to replace the one that was described in the will. For example, Mark writes in his will, 'I leave to Rob the family vehicle,' but then trades in his car in for a jet ski. When Mark dies, Rob will receive nothing. Frustrated beneficiaries may challenge an ademption in court, especially if the property was not clearly identified in the first place.

SUCCESSION

The passing of property or legal rights after death. The word commonly refers to the distribution of property under a state's intestate succession laws, which d... (more...)

The passing of property or legal rights after death. The word commonly refers to the distribution of property under a state's intestate succession laws, which determine who inherits property when someone dies without a valid will. When used in connection with real estate, the word refers to the passing of property by will or inheritance, as opposed to gift, grant, or purchase.

NONPROBATE

The distribution of a deceased person's property by any means other than probate. Many types of property pass free of probate, including property left to a surv... (more...)

The distribution of a deceased person's property by any means other than probate. Many types of property pass free of probate, including property left to a surviving spouse and property left outside of a will through probate-avoidance methods such as pay-on-death designations, joint tenancy ownership, living trusts and life insurance. Property that avoids probate is sometimes described as the 'nonprobate estate.' Nonprobate distribution may also occur if the deceased person leaves an invalid will. In that case, property will pass according to the particular state's laws of intestate succession.

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Hephzibah Estate Lawyer, Georgia

Sponsored Law Firm

Faulkner Law Offices, LLC

SPONSORED LAWYERS

Richard Hays Goolsby

John Andrew Donsbach

James T. Plunkett

Stephen E. Shepard

David C. Jones

Scott J. Klosinski

Jason W. Blanchard

Fred M. Kennedy

Frank W. Allen

William R. Mccracken

TIPS

LEGAL TERMS

PROBATE

RESIDUARY ESTATE

FAMILY POT TRUST

QTIP TRUST

ESTATE TAXES

FINAL BENEFICIARY

ADEMPTION

SUCCESSION

NONPROBATE

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