• Skip to primary navigation
  • Skip to main content

The Edwards Law Firm

Lafayette, Ga

Attend a FREE Webinar
Call Us Today (706) 639-9420
  • Home
  • WHO WE ARE
    • About Our Firm
    • Attorney and Staff Profiles
  • How We Help
    • Business Owners & Asset Protection
    • Estate and Gift Tax Figures
    • Family-Owned Businesses and Farms
    • Financial Planning Assistance
    • Incapacity Planning & Caregiver Support
    • IRA Inheritance Planning
    • Medicaid & Elder Law Planning
    • Minor Children & Young Adult Planning
    • Outdated Estate Planning Documents
    • Pet Planning
    • Powers of Attorney, Healthcare & Emergency Documents
    • Probate & Trust Administration
    • Remarriage & Blended Families Protection
    • Special Needs Planning
    • Wills & Trusts
  • Workshops
  • Resources
    • Estate Planning Resources
      • Estate Planning Checkup
      • Estate Planning Definitions
      • Reports
      • Incapacity Planning Definitions
      • Is Your Estate Plan Outdated?
      • Top 10 Estate Planning Techniques
    • Frequently Asked Questions
      • Estate Planning FAQs
      • Incapacity Planning FAQs
      • Probate & Trust Administration FAQs
    • Elder Law Reports
    • Special Needs Resources
    • Probate & Trust Administration Resources
      • Bereavement Resources
      • How to Know if You Need Extra Help With Your Grieving
      • Loss of a Loved One
      • The Mourner’s Bill of Rights
      • Trust Administration & Probate Definitions
      • Things You Need To Do When a Loved One Passes Away With a Will
  • Reviews
    • Review Us
    • Our Reviews
  • Blog
  • Contact Us
  • Show Search
Hide Search

Loss of a Loved One

If you have a loved one who has passed away, and you need guidance on what to do next, we can help.

If your loved one passed away with no estate plan or a Will

Dying without an estate plan, is called dying intestate. The estate will be subject to state intestacy laws and go through probate court. This means the division and distribution of the estate will be subject to a predetermined formula, usually providing half of the estate to a spouse, and the remaining half allocated in equal portions to the biological children.

A Will guarantees death probate. The probate court will take over at the time of death to make sure debts are paid, assets are distributed to heirs, and any loose ends are taken care of. All property that is controlled by the Will must go through the probate court. It is a demanding and challenging job, with many deadlines to be met, most of which are within nine months of the person’s death, the mourning period for the family.

Depending on the size of the estate, the complexity of the estate plan and the nature and extent of the assets involved, there may be additional demands placed on the executor.

If your loved one created a Living Trust

Your family will go through a process called Trust Administration. Upon death, the Successor Trustee must take steps to distribute Trust assets to beneficiaries and fulfill any other obligations of the Trust. We serve as counsel to the Trustee and provide assistance with the administrative duties required of the Trustee, and take advantage of any benefits offered by the Trust. When a Trust is not administered properly the Trustee runs the risk of causing the beneficiaries to pay penalties or additional fees. This checklist outlines the steps to take when a loved one passes away with a Trust.

IMPORTANT NOTE:

Do not retitle any assets before speaking with a qualified estate planning attorney. That meeting should take place approximately two weeks after your loved one has passed.

If you have questions about any of our services, please do not hesitate to contact us or call us at  (706) 639-9420

WHERE WE ARE

The Edwards Law Firm

208 N. Duke Street
P.O. Box 630

La Fayette, GA 30728

Phone: (706) 639-9420
Fax: (706) 639-9460

Map

Map
  • Facebook
  • Instagram
  • LinkedIn

© 2022 · American Academy of Estate Planning Attorneys, Inc. | Disclaimer | Privacy Policy | Sitemap | Contact Us