Meredith W. Ditchen-Oakley, P.C.Meredith W. Ditchen-Oakley, P.C.2026-05-21T09:39:20Zhttps://www.ditchenlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1203934/2019/08/cropped-favicon-6-32x32.pngOn Behalf of Meredith W. Ditchen-Oakley, P.C.<![CDATA[4 common types of trusts that every family in Georgia should know]]>https://www.ditchenlaw.com/?p=497002026-05-18T09:39:45Z2026-05-21T09:39:20ZMany Georgia families assume trusts are only for the wealthy. That is simply not true. In fact, a trust is a practical, flexible tool that can help families of all income levels protect their loved ones and avoid the lengthy probate process. The good news is that setting one up may be simpler than you expect.
What is a trust and how does it work?
A trust is a formal legal tool that puts a designated person in charge of your assets and ensures they reach the right people according to your wishes. When you create a trust, you decide how and when to distribute your assets to your beneficiaries. For Georgia families, a trust can help you bypass probate, protect your privacy and give your loved ones faster access to what you leave behind.
4 types of trusts Georgia families should know
Now that you understand what a trust is, here are four common types of trusts that Georgia families use in their estate plans:
Revocable trust: This is a trust you can change or cancel at any time during your lifetime. It gives Georgia families flexibility while still keeping assets out of probate.
Irrevocable trust: This is a trust you cannot change once you create it. It offers Georgia families stronger protection from creditors and may provide valuable tax advantages.
Special needs trust: This is a trust that supports a family member who has a disability. It allows your loved one to receive financial help without losing access to government benefits such as Medicaid or Supplemental Security Income.
Testamentary trust: This is a trust you create through your will that only takes effect after you pass away. It gives Georgia families control over how they distribute assets over time, making it especially useful for families with young children.
Each trust type serves a different purpose and the right choice depends on your family's unique goals and circumstances.
Don’t leave your family’s future to chance
Every family deserves a plan that reflects their unique needs and values. Choosing the right trust is an important part of building that plan. When you take the time to explore your options, you give your loved ones something truly meaningful: clarity, protection and peace of mind for years to come.]]>On Behalf of Meredith W. Ditchen-Oakley, P.C.<![CDATA[Can you sell estate property during probate in Georgia?]]>https://www.ditchenlaw.com/?p=496972026-02-19T10:57:56Z2026-02-24T10:57:32ZWhen a loved one passes away, families may need to sell a home or land to pay off debts or divide an inheritance. In Georgia, you can sell property during the probate process in some cases, but the rules depend on the authority the court gives to the person in charge of the estate. Understanding these steps can help families avoid long delays and legal disputes.
When you can sell estate property
In Georgia, the law refers to the person who manages the estate as the personal representative. This role belongs to an executor named in a will or an administrator if there is no will. Their power to sell property depends on two main things:
Official appointment: No one can sell estate property until the probate court officially appoints them and issues documents called Letters. Even if a will names you as the executor, you cannot sign a deed until the court gives you legal authority.
The power granted by the court: If a will gives the executor the power of sale, the executor can usually sell the property without asking a judge for permission each time. If there is no will, an administrator can ask the court for expanded powers when the court appoints them. If the court agrees, the administrator can also sell property without extra court orders.
However, a year's worth of support can change everything. In Georgia, a surviving spouse or minor children may request a year's support from the estate. This legal request can stop or delay a sale until the court decides how much property the family should receive first.
Timing and steps in the sale process
A probate sale usually takes longer than a standard home sale. After you open the estate, creditors receive time to file claims for money owed. While Georgia law does not set a strict fair market value price, the personal representative has a legal duty to act in the best interest of the heirs. Selling a home for far less than it is worth could lead to a lawsuit.Working with an attorney can help your family understand these rules and avoid mistakes that lead to conflict.]]>On Behalf of Meredith W. Ditchen-Oakley, P.C.<![CDATA[What unmarried fathers need to know about parental rights]]>https://www.ditchenlaw.com/?p=496952025-11-24T15:50:13Z2025-11-27T15:49:40ZYour name on the birth certificate is not enough
You gain proof of paternity from the birth certificate, but Georgia does not give you any parental rights through it. You still need the court to recognize you as the legal father before you can ask for custody, participate in parental decisions or secure consistent time with your child.
Legitimation is the step that gives you rights
You secure your legal parental rights only through legitimation, which is the court process that turns your biological connection into a legally recognized relationship. You then gain the ability to ask for custody, request a structured parenting schedule and participate in decisions about your child’s education, health care and daily routine.
What the legitimation process looks like
You begin the process by filing a legitimation petition in the county where your child lives. The court will review your relationship with your child, your willingness to take on responsibility and whether legitimation serves your child’s best interests. You then move into discussions about custody and parenting time, which gives you a clearer path toward a schedule the court can enforce.
Strengthening your role in your child’s life
You make better choices when you know how Georgia handles these situations and what path gives you real authority. You can talk with a family law attorney who can walk you through the next steps and help you build a setup that keeps you present in your child’s life. A little clarity now can make everything feel more manageable.]]>On Behalf of Meredith W. Ditchen-Oakley, P.C.<![CDATA[2 common estate planning myths in Georgia]]>https://www.ditchenlaw.com/?p=496522025-08-29T10:19:58Z2025-09-03T10:18:49ZOnly the wealthy need estate planning
You might assume estate planning serves only wealthy households. In reality, it can help if you own property or have dependents. Without an estate plan, state law directs how your property transfers. Probate court will also bear the responsibility of appointing a guardian for any minor children. That process may not match your preferences for handling property and family responsibilities.
Estate planning outlines guardianship for minors and medical decision-making. It also keeps even modest estates from falling into confusion through clear, legally documented instructions. Items such as a family home, vehicle or savings account can spark disputes among heirs without an estate plan.
A living trust is the only way to avoid probate in Georgia
Some people seek to avoid probate to save time, reduce costs or maintain privacy during the settlement of their estate matters. However, in Georgia, probate generally proceeds more simply and at a lower cost than in many other states. A living trust may still serve a purpose in certain situations, such as when you own property in multiple states or want to keep specific matters out of the public record.
If you consider these benefits, remember that you must create and fund a trust properly for it to work as intended. Failing to complete these steps means the property still goes through probate. You can use a well-prepared will to address estate needs effectively. Review your objectives and the nature of your property before deciding whether to use a trust or a will.
Taking informed steps to avoid mistakes
Understanding these myths about estate planning helps you choose legal tools that fit your needs while avoiding common pitfalls. In Georgia, you may take the following steps when creating an estate plan:
Establish a power of attorney for financial matters
These steps structure the legal process and give your loved ones a clear plan for handling disputes or incapacity. Since this can be a complex process, consider consulting an estate planning attorney who can explain how different estate planning tools might apply to your situation. Their guidance can help you evaluate options and understand each step involved.]]>On Behalf of Meredith W. Ditchen-Oakley, P.C.<![CDATA[Could a small mistake cost an executor money?]]>https://www.ditchenlaw.com/?p=496502025-05-22T09:28:29Z2025-05-27T09:28:13ZTax-related oversights
There are a variety of taxes that may apply during estate administration. For example, personal representatives frequently file income tax returns on behalf of the deceased individual. They may need to use estate resources to pay any outstanding balance owed to the Internal Revenue Service (IRS) and state authorities.
If the estate plan instructs the personal representative to hold an estate sale or if the liquidation of assets is necessary to cover financial obligations, the estate itself could be responsible for income taxes. If the estate is particularly large, then estate taxes may apply. Failing to retain resources to cover those tax obligations could lead to direct liability for a personal representative.
Mistakes when paying debts
The financial obligations of the deceased individual become the responsibility of their estate after they die. The estate may need to pay for their end-of-life medical care, credit card balances and student loans. Particularly in scenarios where the estate may not have enough resources to pay every debt in full, personal representatives need to ensure they follow the right process.
They need to communicate with creditors and pay them in the appropriate order. Otherwise, creditors who do not receive payment through the estate could potentially try to hold a personal representative liable for any amounts improperly distributed during estate administration.
Understanding potential sources of liability during probate proceedings can help personal representatives protect themselves. Securing legal representation is often a key component of minimizing liability during estate administration and probate proceedings accordingly.]]>On Behalf of Meredith W. Ditchen-Oakley, P.C.<![CDATA[3 issues that could make mediation a smart divorce option]]>https://www.ditchenlaw.com/?p=496402025-02-24T06:39:10Z2025-02-27T06:38:32ZSubstance abuse issues
Alcohol abuse is relatively common. Many people in high-stress professions unwind with a drink after work. That may snowball into uncontrolled and irresponsible levels of alcohol consumption. Other times, one spouse might abuse drugs. They might become dependent on prescription medication or develop a habit involving outright illegal substances. Spouses may need to account for inappropriate financial activity related to substance abuse or how substance abuse could affect parenting when they negotiate divorce terms. Doing so in a confidential mediation setting allows them to preserve the privacy of both spouses instead of making substance abuse allegations part of the public record.
Infidelity
When one spouse discovers that the other has cheated, they may quickly determine that they want to leave the marital relationship. It is hard to stay with someone who violated the sanctity of the marital relationship. Allegations of adultery can affect a professional's reputation. They can also have major implications for parent-child relationships. Sometimes, divorcing spouses decide to address infidelity in mediation so that the children and members of the community don't learn about the affair.
Children with special needs
Privacy considerations aren't the only reason to choose mediation during divorce. For some spouses, the need to secure a particular outcome could inspire the spouses to mediate instead of litigating. When parents have children with special needs, it can be very difficult to convey the unique challenges and requirements involved in caring for that child. Parents who need to develop a highly-customized parenting plan may benefit from working cooperatively in mediation instead of litigating their divorce disputes.
Proposing divorce mediation can be a smart move for spouses in an assortment of different, challenging situations. Successful divorce mediation can keep challenging issues private and may give spouses more control over their divorce outcome.]]>On Behalf of Meredith W. Ditchen-Oakley, P.C.<![CDATA[3 important positions to fill when estate planning]]>https://www.ditchenlaw.com/?p=496372024-11-27T09:23:11Z2024-12-02T10:55:32ZPersonal representative
The executor or personal representative of an estate has an important role. It is their job to secure property, communicate with interested parties and oversee the probate process. The testator needs to choose someone who is ethical and competent enough to fulfill those responsibilities while prioritizing the best interests of the beneficiaries of the estate. Those who use a trust as their primary testamentary instrument may need to name someone to serve as trustee rather than focusing on the selection of a personal representative.
Guardian for minor children
Parents often have a more complex estate planning process ahead of them. They need to consider who can provide for their children's needs and how to preserve an inheritance for them when they finally become adults. The guardian named in a will can take over the authority that a parent holds. They have an obligation to provide for the children and meet their needs until they become adults. Choosing a guardian requires the consideration of factors ranging from the bond that people have with the children to their living arrangements and current personal responsibilities.
Agent or attorney-in-fact
Estate planning can be as much about personal emergencies as it is about death. The best estate plans include living documents that take effect when the testator becomes incapacitated. An agent or attorney-in-fact has the authority to make medical decisions or handle financial matters on behalf of an incapacitated person. Those draft powers of attorney need to ensure they include the right terms in their document, including empowering someone competent and able to step up in an emergency.
Empowering the right people in an estate plan can be as important as including the right people as beneficiaries. Testators who think carefully about their relationships can authorize appropriate candidates to take action after their death or in the event of an emergency.]]>On Behalf of Meredith W. Ditchen-Oakley, P.C.<![CDATA[What should you know about trusts when estate planning?]]>https://www.ditchenlaw.com/?p=496352024-08-27T09:34:08Z2024-08-30T09:33:48Zestate plan.
What is a trust?
When you create a trust, you have to fund it with assets. You get to choose the trustee, which can be an institution or an individual. The trustee – which can be you for the duration of your lifetime, depending on the kind of trust in question – takes care of the assets. Once you pass away, the trustee ensures the assets are handled based the instructions you’ve provided.
Types of trusts
There are many types of trusts that you can use for your estate plan, and each one is either classified as either revocable or irrevocable.
Revocable trusts give you flexibility because you can change the terms while you’re still alive. The tradeoff for this is that the assets held by the trust are considered part of your estate for tax purposes, and creditors can make claims against these assets since you still have control over them.
Irrevocable trusts provide protection from creditor claims against assets, as the assets aren’t considered your property or part of your estate. The tradeoff for those benefits is that you don’t have any control over trust assets once you create and fund an irrevocable trust. This means that you can’t change the trust unless you can get the beneficiaries to agree to the changes or you can get a court to say that you can make alterations.
Benefits of trusts
The assets in a trust can typically be passed along to your loved ones must faster than they would if they were being distributed via a will. This is because trusts don’t go through probate.
Also, since you can set terms for trusts, you get to outline how and when the assets will be distributed. This is particularly helpful if you have beneficiaries, such as individuals who are young or may not make wise financial decisions and/or who may not need their full trust benefits all at once.
Because the purpose and benefits of trusts can vary, it’s best to discuss your situation and goals with a legal representative who can help you to determine how best to structure your estate plan to meet your needs and goals.]]>On Behalf of Meredith W. Ditchen-Oakley, P.C.<![CDATA[What are the requirements for a will in Georgia?]]>https://www.ditchenlaw.com/?p=496292024-06-05T18:01:57Z2024-06-10T08:27:46ZAn understanding of the document's contents
For a will to be a valid legal instrument, the person drafting the document has to understand what terms it includes. Someone whose cognitive function has declined due to age or medical challenges may not be capable of drafting a will. Maintaining testamentary capacity requires that someone understand what assets they own, the beneficiaries whom they intend to leave assets for and the impact those documents may have on their beneficiaries.
Two witnesses
A testator needs to sign their will themselves or have someone sign it on their behalf if they have become physically incapable of doing so. They must then affirm the validity of the document and the signatures on it to two witnesses. Witnesses can either be present at the time of the document signing or can sign after hearing a direct statement by the testator about the contents of the document and their estate planning intentions. Witnesses should both be at least 14 years of age, and they should not have any interest in the estate to prevent conflicts of interest that could compromise the trustworthiness of their testimony later. Having a notary sign and stamp the document is not necessary for a valid will.
Learning about what constitutes a valid will in Georgia can help people understand why having a lawyer present to assist them can be important to proper estate planning. Thoughtful guidance can help to ensure that the documents someone creates serve their purpose after they die.]]>On Behalf of Meredith W. Ditchen-Oakley, P.C.<![CDATA[3 benefits of mediation that make it a powerful divorce tool]]>https://www.ditchenlaw.com/?p=495022024-02-27T06:12:49Z2024-03-01T06:12:35ZA confidential setting
Spouses who still disagree on a few details about their divorces often have reasons for their disagreements. For example, perhaps the dispute is about property division because of how one spouse spent money during the marriage. In a confidential mediation session, spouses can discuss the uncomfortable details that they believe should influence the outcome of their divorce proceedings.
Facilitated negotiations
During standard divorce negotiations, each spouse or their representative attorneys fight for what they believe is fair and reasonable given the marital circumstances. This oppositional approach might mean that spouses fail to settle disagreements and end up taking matters on the court. A mediator plays a crucial role by remaining neutral and helping couples find ways to compromise with each other on the issues underlying their disputes.
Control over the outcome
When couples decide to litigate, they give up more than just the possibility of a peaceful divorce. They also forego control over the process. A judge makes all of the major decisions in a litigated divorce. There is very little certainty about the outcome of litigated divorce proceedings, as judges have significant discretion related to property division and other key marital matters. When mediation works, spouses sign a binding agreement. They have total control over the outcome and can therefore prioritize securing certain terms that matter to them.
Undergoing divorce mediation can potentially help people to control costs and keep things calmer as they sort out their disagreements related to the end of a marriage.]]>