Cumming Probate and Estate Administration Lawyers
It is sometimes difficult to think about the future. But planning and documenting your wishes for loved ones is a gift. Determining your estate in advance sets your wishes in place and helps ensure that they are carried out as you want, reducing the possibility of family disputes.
The experienced probate and estate administration attorneys at Underwood Scoggins, can provide intelligent estate planning with your best interests in mind. Our knowledgeable, caring counsel handles all the details to ensure that your estate plan and probate process goes exactly as you want.
What is Probate?
Probate is the legal process through which a deceased person's estate is administered and distributed. This process involves validating the deceased's will, if one exists, appointing a personal representative (executor), settling debts and taxes, and distributing remaining assets to beneficiaries. The probate court oversees these steps to ensure compliance with state laws and the deceased's wishes, providing a structured framework for managing the estate and offering protection and accountability throughout the process.
What if Someone Dies Without a Will?
When an individual passes away without a will, this is referred to as dying intestate. In such cases, state intestacy laws dictate how the deceased's assets will be distributed. Typically, the estate will be allocated to surviving relatives, such as spouses, children, or parents, following a specific hierarchy established by state law. The probate court will appoint an administrator to manage the estate's affairs, including settling debts and distributing assets.
Dying without a will can lead to unintended consequences, such as relatives receiving less than anticipated or assets being distributed in a manner that does not align with the deceased's wishes. Therefore, it is crucial to engage in estate planning and prepare a will to ensure that one's desires are clearly articulated and legally binding. A well-prepared estate plan not only helps to avoid confusion and disputes among heirs but also ensures that the deceased's wishes are honored. For guidance on these matters, we are here to assist you in navigating the probate process and ensuring your estate is handled according to your wishes.
The Powerhouses Behind Your Case Meet Your Estate Planning & Elder Law Team
Our experienced attorneys bring skill, strategy, and relentless determination to every case.
Skilled, Intelligent Estate Planning
Our highly skilled estate advocates can handle all the details of planning and administering an estate along with any issues regarding probate. Our areas of estate and probate work include:
- Drafting wills: Drafting all testamentary documents including simple, complex and ethical wills
- Documenting trusts and living trusts: Determining instructions and the details regarding income for trustees/heirs
- Appointing guardianship: Assistance naming a legal guardian who will manage a disabled or seriously ill loved one’s affairs
- Planning estates: Developing a comprehensive estate plan to avoid probate disputes and document your wishes including trustees, beneficiaries and heirs
Serving Cumming and north Georgia, we help individuals and families plan ahead for smooth administration of their estates.
Aggressive Litigation for Probate Disputes
No matter how thoroughly a passed loved one has planned, disputes can arise in will, trust and estate matters. Estate administrators, executors, powers of attorney and trustees, among other fiduciaries, are responsible for performing given administrative duties effectively and with respect to all involved. A lack of respect can be extremely stressful, especially if a case goes to court.
The lawyers at Underwood Scoggins, have extensive fiduciary litigation experience, including cases regarding contested wills. We provide insightful representation for cases on both sides of these issues, offering heirs and/or fiduciaries assertive, yet compassionate defense. We will work tirelessly to resolve your probate case with the best possible outcome.
Whether you are an heir or a fiduciary, we are here to guide you through complex estate disputes. Contact Underwood Scoggins today for experienced and compassionate legal representation.
Trusted by Clients. Proven in Court. Five-Star Client Reviews
At Underwood Scoggins, your satisfaction is our priority! See for yourself what our clients have to say about working with us.
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"A Fierce Advocate for Property Owners"
Josh is committed to defending property rights and ensuring owners receive the highest and best use value for their land. A true champion for justice!
- Craig -
"Guidance You Can Trust"
Ethan’s expertise and kindness made a difference in navigating our property issue. Grateful for his time, insights, and thoughtful approach!
- E.G. -
"Unmatched Preparation, Proven Results"
Josh protected my rights, resolved my case without litigation, and was the most prepared attorney I’ve worked with. A true advocate for his clients!
- Eric -
"Expertise You Can Rely On"
Ethan and his team at Underwood Scoggins made land rezoning seamless with clear guidance, professionalism, and successful results—time and again.
- Paul N.
Understanding the Probate Process in Cumming
Navigating the probate process can be overwhelming, especially during such a challenging time. At Underwood Scoggins, we believe that educating our clients is essential to easing their concerns and ensuring a smoother experience.
Here’s a brief overview of what to expect during the probate process:
- Filing the Will: The process begins by filing the deceased’s will with the probate court. This step formally initiates the probate proceedings.
- Appointment of Executor: The court will appoint an executor (or personal representative) named in the will to manage the estate. If no will exists, the court will appoint an administrator.
