As the owner and principal attorney of her firm, Gina recognizes that what is most important is that her clients be fully heard and understood, and she has dedicated herself to ensuring that everyone she helps receives the dedicated, personalized service that they deserve. For over thirty years, Gina Micalizio has been providing families and individuals with personalized legal services to guide them through some of life’s most challenging encounters. After graduating from the University of Central Florida, Gina went on to pursue her long-held desire to practice law, attending law school at Cumberland School of Law at Samford University. Upon graduation, and having been admitted to practice in both the state of Georgia as well as Florida, Gina was hired as a staff attorney for a general practice firm where she was first exposed to those areas that would later define her practice: estate planning, bankruptcy, and debt collection.
A short time after she began working, Gina was noticed and recruited by the Federal Deposit Insurance Corporation (FDIC). She joined the organization as an associate counsel. Her responsibilities included liquidating the assets of failed financial institutions, assessing claims against those institutions, and evaluating deposit insurance coverage. She was lead counsel for several FDIC receiverships in the state of Florida and Georgia.
After ten years with the FDIC, Gina made the decision to start her own practice based in the Atlanta, GA area, and after twenty years is grateful for the opportunities she has had to help her clients and their families navigate the often confusing and ever-complex challenges that life has thrown their way.
Practice Areas
Estate Planning
What is Estate Planning?
Estate planning is the important – and often overlooked – act of making a plan, in advance, of what will happen to your possessions after you pass away. Estate planning may at times mean little more than writing a simple will, but regardless of the complexity of your personal situation it’s absolutely necessary that you obtain qualified legal guidance from an estate planning lawyer when crafting estate planning documents such as wills and trusts. Even a small mistake made by following a “do it yourself” website can have tremendous consequences down the road, and are easily avoided by consulting with an attorney.
Does everyone really need an estate plan?
Absolutely. Estate planning isn’t just for those fortunate enough to call themselves retired, nor is it only for the rich and famous. Good estate planning often means the most to those families with a modest amount of assets: those who are least able to bear the burden of time, tax, and legal wrangling
Proper estate planning is about the preservation of those things you worked so hard to obtain.
I wrote my will and left it in my spouse’s possession – that’s all I needed to do, right?
It’s important to understand that while a will provides your instructions, it does not avoid the probate process. Probate is the state-driven process of distributing payments to creditors, and dividing up assets after death. If a loved one has passed, this process is critical to transferring assets to those you have designated in your will. Any assets or belongings with your name in the title (with a few noteworthy exceptions), even if they are directed by your will, won’t be distributed to your heirs until they are first processed by your state’s probate court.
Another option besides a will is to organize what’s called a revocable living trust. It is an estate-planning tool avoids the probate process. There are drawbacks to this which I can discuss more fully with the client. Assets, once placed into your trust, may be ordered to remain there under the management of a trustee that you select, until the beneficiaries whom you wish to receive the fruits of your earthly labor reach the age that you decide. Proper estate planning is about the preservation of those things you worked so hard to obtain.
Other Items to Consider in an Estate Plan
Durable Power of Attorney for Asset Management – This is a legally binding document that allows another person either complete or partial authority to sign documents in your name on your behalf when you are absent. It remains valid should you become incapacitated, ending only upon death. This is what people generally mean when they talk about “power of attorney”. Please note Georgia has a new Power of Attorney law as of July 2017 which made significant changes to the existing law.
Durable Power of Attorney for Health Care – This is a legally binding document that allows another person to make health care decisions on your behalf in the event that you can’t do so on your own. This is what people mean when they talk about “medical power of attorney”.
Living Will – A written document that indicates your desire to be kept alive or not kept alive by life support if you are rendered non-responsive by terminal illness or injury.
Bankruptcy
What is Bankruptcy?
Bankruptcy is a legal process that allows you as an individual or business to rid yourself of a debt that you cannot pay back, through the power and protection of the federal bankruptcy court. There are several different types of bankruptcy, but the two most common and most frequently employed are called Chapter 7 and Chapter 13.
Did I read that right? You mean my debt will just go away?
The purpose of bankruptcy is to wipe the slate clean and offer a fresh start to debtors, and while there is a process that must be followed, as well as rules and regulations that must be adhered to, that’s essentially correct – your debt will be discharged, or forgiven, and disappear upon the successful completion of a bankruptcy filing. You’ll have to understand though that bankruptcy is not a “fix-all” to every type of debt out there. Some types of debt, like student loans, child support, and alimony payments cannot be discharged through bankruptcy.
How can I figure out if I’m eligible for bankruptcy?
Every case is different, so it’s really important that you consult with a qualified bankruptcy lawyer like Gina to find out exactly how your debt load can be improved and/or removed. That said, the type of bankruptcy most appropriate for you is typically determined by three things:
- Is your income above or below that of the median income in the state of Georgia?
- Do you have enough disposable income to repay some debts?
- Do you own your car and/or home?
Once again, the type of bankruptcy that is right for you may be very different than the type of bankruptcy that’s right for your neighbor. It’s vital that you enlist the services of a qualified attorney to determine what the right next step for your situation is, and come up with a plan to get you out of debt.
If I’m worried about losing my home – can bankruptcy help me?
The answer to this question depends on the details of your exact personal situation, but in many cases the answer is yes. Bankruptcy laws will allow you to catch up on your mortgage payments if you are behind.
I’m ready to stop paying these debts – how do I know Gina is the right attorney for me?
Gina has been working tirelessly to help clients recover from burdensome financial situations and get a fresh start on building wealth. Having worked for the FDIC collecting debts for ten years means that she has knowledge and experience with both sides of the bankruptcy process – something that most other bankruptcy attorneys don’t have.
