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North Gwinnett Office

6340 Sugarloaf Pkwy, Suite 200
Duluth, GA 30097

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South Gwinnett Office

2330 Scenic Hwy
Suite 208
Snellville, GA 30078

Office Hours - By Appointment Only

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(770) 972-3803

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Estate Planning

Services

Gwinnett County, Georgia Estate Planning Attorney

Wills, Probate, Trusts, and Estates

Have you decided who will get your house, your money, and other assets when you die? Do you have a plan for who will take care of you and manage your finances when you are sick or unable to take care of yourself? This process is called estate planning. We can help you make these important decisions and put them in writing, so your family will follow your wishes.

Our best referrals for wills are from people who handled an estate without one!

Your will dictates who will receive your assets after your death. Without one, your assets will be divided among your heirs according to rule of law. This may be far from what you want. For more detail see our “Why make a will?” page.

In estate planning, there are related topics such as Advanced Directives and Financial Powers of Attorney. The health care power of attorney, or living will is now known as an “Advance Directive.” The advance directive shows your preferences for life support decisions. The financial durable power of attorney can be used for financial planning during disability to have someone manage affairs when a person is unable to manage his or her own affairs during life.

A living trust is also an option in estate planning that can supplement or replace a will in some cases. A living trust can be an attractive estate planning alternative.

Estate taxes currently only apply to the wealthiest 1% of the US population. There are estate planning steps to avoid unnecessary taxes. One day our government may bring the estate taxes back and if so planning will be available.

In connection with estate planning or business planning, we also offer asset protection and the formation of corporations and LLCs for our clients. 

Estate Litigation

We handle all types of litigation in probate court, such as will contest, and suits to remove executors.

Our firm has been assisting clients with wills and estate planning matters in Gwinnett County since 1976. Give us a call and you and your loved ones will be glad you did.

Real Estate Matters concerning Estates

We handle real estate matters for states, such as

  • probates needed for closings
  • executors and administrators deeds
  • joint tenancy with survivorship deeds
  • real estate sales contracts

Why Make A Will?

A will allows you to plan the disposition of your property upon your death. In other words, it is your statement of who gets what. If you don’t have a will, or if you don’t take some other steps to plan your estate, your property will be divided upon your death according to the laws of your state of residence. If you are a Georgia resident, your spouse and your children will divide it equally, except that a spouse cannot end up with less than 1/3. If you have no spouse or children, under current Georgia law your parents would receive your property.
There are further rules about who your next of kin might be.

These rules can be altered by a will. A will can in effect change the law as to who inherits your property. It is a very powerful instrument.

A will must meet many legal requirements to be enforceable. It must be in writing, be properly witnessed, and contain the correct provisions for your specific estate. The maker of the Will must be mentally sound and not under undue influence. many online will forms leave out important provisions.

A will must be probated in order to put the will into effect after death. The processes of probate vary from state to state.

A will cannot be amended except by a written document that is witnessed as required for an original will. A person who wants to amend a will can instead prepare a codicil or a new will.

Under Georgia law, certain actions can void a will. These include the birth of a child, adoption of a child, marriage, or divorce, to a limited extent. (The Georgia Code treats your spouse as though he or she predeceased you) However, if the will provides that it is written in contemplation of such an event, then that event will not void the will.

There are alternatives to wills such as revocable living trusts. This involves creating a trust, which is a legal entity separate from the maker. Then, all assets are transferred to the trust and owned by the trust.

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Our firm has been assisting clients with wills and estate planning matters in Gwinnett County since 1976. Give us a call and you and your loved ones will be glad you did.

Walker Law Firm Estate Planning

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