MY LOVED ONE HAS PASSED AWAY AS A RESIDENT OF GEORGIA … WHAT NEXT?
We first want to express our condolences and heartfelt prayers for you during your time of loss. We know this can be a difficult time, not only emotionally, but also physically and financially. We encourage you to seek out help from loved ones, friends, neighbors, churches, and organizations as you try to navigate the immediate time following the loss of a loved one. There is no rush to “get things handled” while you’re in the middle of grieving such a loss.
When you feel you are strong enough, or at least ready, it will be time to search for the last will and testament or trust documents of your loved one. If you are the spouse, it is likely you had what is known as a “mirror will” drafted at the same time as your spouse, so you know whether or not one was signed. It will be very important that you locate the original will, and not just a copy. However, if you have a copy, that can often at least be a starting point.
If your loved one had a Trust:
Review the Trust documents. If the Trust was prepared by us, the documents will be in a large binder with the name of the Trust or “Estate Plan” written on the spine and the front of the binder. There will be a sheet near the front of the binder that will have a summary of the Trust and name the successor trustee. That individual’s contact information will also be found on that page. Please contact the successor trustee or the drafting attorney to alert them of the passing of your loved one. The Trustee will now assume all roles and responsibilities outlined in the Trust. They likely do not have a copy, so it is important that you provide those documents to them so they may fulfill their duties to all beneficiaries, which may include you or your other loved ones.
If your loved one had a Last Will and Testament, but no Trust:
Review the Last Will and Testament and determine who is named as the executor of your loved one’s estate. If that person is not you, contact that individual and let them know you are in possession of the original will and they are named as the Executor.
The Executor has certain duties imposed upon them by the laws of the State of Georgia. This is likely also applicable even if the will was executed in another state so long as it conforms to the requirements for wills in the state of Georgia. One such duty includes the requirement under Georgia law that ALL wills be filed in probate court with “reasonable promptness” according to OCGA 53-5-5. Failure to do so, the probate court may attach for contempt and may fine or imprison a person withholding the will until the will is delivered. The person withholding the will may not be the Executor, but may also be a person in possession of the will. It is very important that the will be presented to the Executor and taken to an experienced probate attorney for review.
If your loved one did not have a Last Will and Testament or Trust:
You will want to contact their next of kin, which would be their spouse or their children if their spouse is no longer living. If you do not know these individuals or feel uncomfortable reaching out to them, you may schedule an appointment with an experienced probate attorney to discuss your options and services which may be available to assist you.
No matter whether there is a Trust, a Last Will and Testament, or neither of them, your next step will be to schedule a planning meeting with an experienced Probate & Estate Attorney, like Attorney Jones at Turner Jones Legal, LLC. Once you schedule your planning meeting with us, we will send you a Welcome Packet that has information about your planning meeting, a form you will need to fill out the best you can prior to your meeting to help us help you and best advise you of your options, and a list of documents or information you should locate prior to your meeting. If you cannot complete the form or cannot locate all of the documents, that is absolutely ok! We are here to assist you every step of the way, and will assist you in completing them during your meeting as well as attempting to assist you with locating any missing documents.
Probate is not always necessary or required, but it is important that you meet with an experienced attorney to make sure no assets are missed or neglected and everything is properly and promptly transferred. This is especially true if you are the spouse living in the marital home. There are various probate options that will be explored and discussed in your planning session based on your loved one’s needs and your unique situation.
When you are ready to handle your loved one’s estate or need guidance on what to do next, do not hesitate to give us a call at 706-359-3332. We stand ready to help you navigate this difficult time.