Estate Planning and Probate Services
Protect and Recover Assets
DeVetter Law is here to help protect your assets and ensure that your legacy is passed down to family and loved ones both before and after death.
Our Unique Perspective
DeVetter Law has the unique perspective needed to help you solve your estate planning issues before they arise and navigate issues when a plan is not in place.
Our will & estate planning help you plan for the transfer of your assets and property after you pass away. Our goal is to help you make these decisions while you are still capable and to guide you through the steps necessary to ensure that your estate is managed properly. To do this, we work to help you avoid the probate system, which can be time-consuming and costly. For times when your loved ones did not have a plan in place prior to their death, we also offer probate services to help you petition the court for authority to manage their estate.
What is the Estate Planning Process?
Estate planning starts with an in-depth interview with the client to discuss their particular circumstances. We review their family structure, assets, debts, and healthcare planning, and then talk through their vision for their future if they were to become incapacitated or pass away.
We then draft the necessary legal documents to ensure their vision becomes a reality. Usually, this involves writing a will or creating a trust to ensure our client’s property is properly managed and distributed. We draft deeds for real estate transfers and help with updating beneficiaries to make sure that those assets can pass outside of probate. In the case of incapacity, power of attorney, advance directives, and other documents help avoid costly court cases and end-of-life disputes.
Our work continues after the initial plan is completed. We follow up with our clients annually to see if circumstances have changed or if the plan needs to be updated.
What is the Probate Process?
Probate is the legal process of administering a deceased person’s estate and distributing their assets to their heirs or beneficiaries. Probate courts have the power to appoint executors or administrators, approve the distribution of assets, and ensure that the deceased person’s debts and taxes are paid. The Probate Court also handles guardianships and conservatorships for loved ones who no longer have the capacity to make decisions for themselves.
To begin the probate process, a petition is submitted to the court and all interested parties, such as heirs, beneficiaries, and creditors, are notified.
We help you determine which petition or legal action is best for you and your circumstances. DeVetter Law is here to help you navigate the complexities of the probate system.
Our Services
Probate Services
Petition for Letters of Administration
Petition for letters of administration is the most common type of petition used when someone dies without a will. It allows the court to appoint an administrator, a person who is given authority to handle the affairs of the estate.
Guardianship and Conservatorship
Petition for guardianship and conservatorship is used when a loved one can no longer make decisions for themselves. Guardianship allows decisions to be made regarding an individual’s person, while conservatorship regards an individual's finances.
Petition for Year's Support
A year’s support is a right given to surviving spouses and minor children under Georgia law. The court may grant it to ensure that they have sufficient resources while the estate is being settled and distributed.
Petition to Probate Will
Petition to probate will is utilized when someone dies with a will. It asks the court to appoint the executor named in the will to handle the affairs and provide them with the powers necessary to handle the affairs of the estate.
Estate Planning Services
Wills
A last will and testament is a legal document that describes how someone wants their assets handled after they pass. A properly drafted and signed will is the foundation of any estate plan.
Trusts (Revocable, Irrevocable, Special Needs, and others)
A trust is an entity that allows someone, called a “trustee”, to hold and manage assets on behalf of another. As part of an estate plan, a trust may be created and assets transferred to that trust. Trust assets do not go through probate, allowing an efficient transfer and management of assets, as well as privacy for families.
Powers of Attorney
A power of attorney is a legal document that allows someone to act on another’s behalf in handling their finances and assets. In this document, a person called a “principal” names an “agent” to do certain things for them, from handling their bank account assets to selling their house to creating trusts. What abilities an agent has depends on the needs of the principal.
Wills
A last will and testament is a legal document that describes how someone wants their assets handled after they pass. A properly drafted and signed will is the foundation of any estate plan.
Trusts (Revocable, Irrevocable, Special Needs, and others)
A trust is an entity that allows someone, called a “trustee”, to hold and manage assets on behalf of another. As part of an estate plan, a trust may be created and assets transferred to that trust. Trust assets do not go through probate, allowing an efficient transfer and management of assets, as well as privacy for families.
Powers of Attorney
A power of attorney is a legal document that allows someone to act on another’s behalf in handling their finances and assets. In this document, a person called a “principal” names an “agent” to do certain things for them, from handling their bank account assets to selling their house to creating trusts. What abilities an agent has depends on the needs of the principal.
Advance Directives and HIPAA authorizations
An advance directive for health care is similar to a power of attorney, in that it names an agent to act on another’s behalf to make decisions. However, the focus of an advance directive is on health care. In an advance directive, the author outlines their preferences for health care decisions, most notably end-of-life care.
HIPAA (the Health Insurance Portability and Accountability Act) is a federal law that protects people’s private health care information. A HIPAA authorization allows someone to access another’s medical records under certain circumstances, which can be crucial for health care decision-making if they become incapacitated.
Advance Directives and HIPAA Authorizations
An advance directive for health care is similar to a power of attorney, in that it names an agent to act on another’s behalf to make decisions. However, the focus of an advance directive is on health care. In an advance directive, the author outlines their preferences for health care decisions, most notably end-of-life care.
HIPAA (the Health Insurance Portability and Accountability Act) is a federal law that protects people’s private health care information. A HIPAA authorization allows someone to access another’s medical records under certain circumstances, which can be crucial for health care decision-making if they become incapacitated.
Planning for Special Circumstances
Many people have circumstances that require special consideration in estate planning. These could be disabled loved ones, children under 18, college-aged children, heirs with addictions, pets, people with intellectual property rights, and many others. We use various estate planning tools to address these particular situations.
