Answers to Your Legal Questions

Yes. Estate planning is not just for the wealthy — it's for anyone who wants to decide what happens to their assets, name guardians for minor children, and ensure their healthcare wishes are honored. Without a plan, Georgia law determines how your estate is distributed, which may not reflect your wishes.

A will is a legal document that directs how your assets are distributed after death and must go through the probate process. A revocable living trust holds your assets during your lifetime and transfers them to beneficiaries without probate, offering greater privacy and often a faster, less costly transfer of assets.

We recommend reviewing your estate plan every three to five years, or after any major life event — marriage, divorce, the birth of a child, the death of a beneficiary, a significant change in assets, or a move to a new state. Georgia law changes periodically as well, which may affect your documents.

If you die intestate (without a will) in Georgia, your assets are distributed according to Georgia's intestacy laws. This means the state decides who inherits your property — typically a spouse and children in a set order — which may not align with your actual wishes. A will ensures your intentions are honored.

A thorough estate plan typically includes a last will and testament, a durable power of attorney, a healthcare directive (advance directive), and — depending on your situation — a revocable living trust. Together, these documents ensure your financial, legal, and medical wishes are clearly documented and legally enforceable.

Georgia does allow handwritten (holographic) wills under certain conditions, but they are more easily challenged and may not address all the legal requirements needed to protect your estate. A professionally drafted will ensures your wishes are clearly expressed, legally valid, and far less likely to be contested.

A revocable living trust is a legal arrangement where you transfer ownership of your assets to the trust while retaining full control during your lifetime. At death, assets pass directly to your beneficiaries without going through probate. It is particularly useful for those with significant assets, real estate in multiple states, or a desire for privacy.

Probate is the legal process of validating a will and administering a deceased person's estate under court supervision. In Georgia, straightforward probate cases can be resolved in a few months, while more complex estates — especially those involving disputes or significant assets — may take a year or longer.

No. Assets with named beneficiaries (such as life insurance policies, retirement accounts, and payable-on-death bank accounts) and jointly held property typically pass outside of probate. Only assets titled solely in the deceased's name and without a beneficiary designation generally require probate.

An executor is responsible for gathering the deceased's assets, paying debts and taxes, and distributing the remaining estate to beneficiaries according to the will. While Georgia does not require an attorney for probate, the process involves court filings, legal deadlines, and creditor notifications — having an attorney helps ensure everything is handled correctly and efficiently.

The first step is scheduling a consultation with Dale Sobel. During that meeting, we will discuss your family situation, your assets, and your goals. From there, Dale will recommend the documents that best fit your needs and walk you through the entire process from start to finish.

The Sobel Firm serves clients throughout Marietta, East Cobb, Kennesaw, Smyrna, Roswell, Alpharetta, Sandy Springs, and the greater Metro-Atlanta area. We are conveniently located in Marietta at 533 Johnson Ferry Road, Building D, Suite 400.

The cost of estate planning varies depending on the complexity of your situation and the documents required. The Sobel Firm offers transparent, straightforward pricing and will provide a clear fee estimate during your initial consultation — so there are never any surprises.