Atlanta, Georgia, Beneficiary and Heir Rights Lawyers

After the death of a loved one, it is common for conflicts to arise among the surviving family members regarding the distribution of their loved one's belongings, real estate, and investments. If you are the beneficiary of a will, trust, or estate in Atlanta or anywhere in the State of Georgia, the Atlanta estate lawyers at The Adams Law Offices can help. Our attorneys understand the sensitive nature of estate litigation and strive to make the entire legal process as painless as possible for all of our clients. With the right legal representation, you can protect your rights to your loved one's estate and safeguard your family's future. Contact us at (404) 467-8611 or Toll Free 1-877-412-3267. You can also contact us via our E-Mail Form.

Atlanta Beneficiary Rights

Many beneficiaries to a will, trust, or estate fail to understand their rights. Consequently, many of them fail to acquire the land, financial support, or belongings that are rightfully theirs. You have a right to information about your loved one's estate and how it is being administered. All too often, beneficiaries are kept in the dark regarding their loved one's assets and estate, and the executor or administrator fails to provide them with an accounting and an inventory of the assets.

If you are concerned about the money, fiscal, or fiduciary management of an Atlanta or Georgia estate, you do have rights under Georgia probate law. Some of your rights include:

• You are entitled to information regarding the assets and inventory of the deceased's property
• You may request that an accounting of the state be completed by the administrator
• You are entitled to receive benefits in a timely manner. The efficiency of the estate's distribution is entirely dependent on the complexity of the estate.
• You are entitled to review and approve the level of compensation an executor receives. If there is not an agreement between the beneficiaries, the courts must settle it.
• You can request that the courts remove an executor or administrator at any time. The courts will remove the executor if there is justification for doing so.

Spouses and Minor Children Rights—A Year’s Support

While the death of a spouse or parent is never easy, losing their financial support can make the grieving process unbearable. At The Adams Law Offices, our Atlanta estate lawyers are experienced in protecting the rights of minor children and surviving spouses. Georgia probate law is very specific and provides for the immediate care of spouses and minor children after the death of their loved one. This care, also known as a “Year’s Support”, allows for surviving spouses and minor children to receive financial support from the deceased’s estate for a period of 12 months—regardless of the will or other beneficiaries. Before any assets are distributed to beneficiaries, the amount awarded by the Georgia Probate Court will be set aside to care for surviving spouses and any minor children, even if the deceased has specifically excluded them from his will.

The Atlanta estate litigation lawyers at The Adams Law Offices can file the petition for year’s support with the proper Georgia Probate Court and aggressively defend you and your children’s rights. We have successfully represented numerous families seeking to claim support after a loved one’s death.

Determining Heirs and the Laws of Intestacy

In the State of Georgia, if someone dies without drafting a will, then the state decides how to divide the assets and estate. The Intestacy or "No Will" rules are:

• If there is a spouse but no children, then 100% of the estate and assets are given to the surviving spouse.
• If there is a spouse and children, then the estate is divided equally between the spouse and children, with the spouse getting at least one third.
• If there is no spouse, then the estate is divided equally between the children and their families.

Petition to Determine Heirs

When someone dies without leaving a will, the State of Georgia must determine the heirs to the estate and assets. This can be quite a challenge, especially if the deceased has left behind a large family. Since it is the executor of the estate who must give notice to the heirs, this can become quite challenging, especially if the deceased had multiple ex-wives, children born out of wedlock, or live in partners. The administrator or executor has to make a diligent search to locate all the heirs. Failure to do so could be considered breach of fiduciary duty.

A person, who has been excluded from the list of heirs or beneficiaries, can file a petition to determine heirs with the court. An illegitimate child or adopted child is an example of someone that may find reason to file a petition to determine heirs. This would allow them to be considered an heir and benefit in the inheritance that is rightfully theirs.

An Atlanta estate lawyer at The Adams Law Offices can help you understand all of your rights as a beneficiary or an heir and ensure that those rights are protected. We have represented heirs and beneficiaries in Atlanta and throughout the United States who were involved in major estate disputes. Contact us today at (404) 467-8611 or Toll Free 1-877-412-3267 to learn more about beneficiary rights in the State of Georgia. You can also use our confidential Contact Us form.