MyGeorgiaFamilyLawyer Legal Information

It is just as easy to prepare a living trust as it is to write a Will. On this website, you can prepare both. Property left without a will generally goes through probate causing your survivors much delay and expense.

(Probate is a legal process that involves appraising your property, the paying out of your debts and distributing what is left to your heirs. When you make a living trust you can hold the property as a "trustee" and your survivors can transfer your property easily and quickly.

Wills are vital for everyone to have and especially when you have children from a previous marriage and you remarry. Wills are simply your intention of what you want to have happen to your assets, your children, your pets and just "things" you love and cherish. If you have a Will, then you know that your intentions will be honored when you pass on. Remember to not include your life insurance policies in your Will for taxation purposes. Keep them separate, letting those papers be easily found upon your demise.

DIVORCES WITH CHILDREN:

Divorces with children involve matters such as child custody, child visitation or as the Courts prefer to call them in Georgia, Parenting Plans, and child support. The reason why attorney's are so valuable in divorces is although all the parties may get along now, new spouses, significant others, moving out of state or out of the country or other issues not thought of now, may become issues later, prior to the children reaching 18. Marital separation agreements and marital settlement agreements are vital in many cases of divorce.

PRENUPTIAL AGREEMENTS:

Prenups are very important to have in marriages where there are children from a previous marriage as well as considerable assets. Prenups don't always have to be just about money; they can be about children and other issues of importance to the couple.

PROMISSORY NOTES:

Promissory agreements or Promissory contracts can be utilized in all types of relationships, even familial. It helps to keep the finances straight in families and of course they are key in business contracts and business relationships.

DIVORCE AND REMARRIAGES:

If you are divorced after at least 10 years of marriage, you can collect retirement benefits on your former spouse's social security record if you are at least age 62 and if your former spouse is entitled to or receiving benefits.

If you remarry, you generally cannot collect benefits on your former spouses' record unless your later marriage ends and it doesn't matter if it is by divorce, death or annulment.

LIVING TOGETHER AGREEMENTS AND COUPLE CONTRACTS:

Many couples are deciding not to marry these days due to the high divorce rates. It is important to have all the issues addressed as the significant other won't be protected under the probate or the inheritance laws so it is best to have an agreement on how one will address the assets together, how parties will separate the assets in case the parties go their separate ways and as well the issues of passing the assets to each other or their respective other family members in a will and/or trust agreement. Promissory Notes can also be of help in these types of relationships.

NAME CHANGES:

If you change your name, be sure and tell Social Security prior to getting your new drivers' license. You also have to tell your employer and any companies that you owe money to.

Generally, it is very easy to have a name change. You do have to publicize your court date and notify the public that you are changing your name, even if you are a minor, as it is in protection of anyone hiding from their debt or criminal activity.

When getting a divorce, make sure that if you want your former name used, add it in the divorce complaint and Order. Even if you wait to change your name until the children reach 18, you won't have to go through the regular name change legal process.

BUSINESS CONTRACTS AND BUSINESS AGREEMENTS:

Every business, whether it is an incorporation,(profit or non-profit, an LLC, a Professional Corporation, or simply two people coming together to share in a business, should have contracts as it helps the business to run smoothly as all parties know what is expected of them and the terms to follow and adhere to. It can bring peace of mind to the partners involved. Even the best of friends can part in business and it helps to have the matters resolved as to how to end the business or sell out a partnership.