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Keysville Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
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AV Preeminent Peer Rated Attorneys
Keysville Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Keysville Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
  • 4024 Washington Rd., Augusta, GA 30917-2417

  • 1259 Greene St., Augusta, GA 30903

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  • 233 Davis Rd., Ste. F, Augusta, GA 30907

  • 1124 Laney Walker Blvd., Augusta, GA 30901

  • 304 Estelle St., Wrens, GA 30833

  • 611 Regent Rd., Augusta, GA 30909

  • 104 S. Main St., Wrens, GA 30833

  • 440 Greene St., Augusta, GA 30903

  • 266 Greene St., Augusta, GA 30901-2492

  • 430 Ellis St., Augusta, GA 30901

  • 3540 Wheeler Rd., Ste. 514, Augusta, GA 30909

  • Augusta, GA 30919-0697

  • 3938 Washington Rd., Augusta, GA 30907-2349

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The average lawyer rating is created by peers based on legal expertise, ethical standards, quality of service, and relationship skills. Recommendations are made by real clients.

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Commonly Asked Estate Planning Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

Can creditors access living trust?

Answered by attorney Loraine M. DiSalvo
Estate Planning lawyer at Morgan & DiSalvo, P.C.
The answer to this question depends very heavily on (1) how the trust is written and (2) how the beneficiary designation was set up. The term "living trust" usually means a revocable living trust, and the general rule is that assets held by or paid to a revocable living trust can be accessed to pay the debts of the trust's deceased creator. But if the trust was structured to protect life insurance benefits specifically, it might not make them subject to creditor claims. The trust also might not be a revocable trust - it could have been an irrevocable trust created during the creator's lifetime - that is also technically a living trust although not that's not the most common use of that term. An irrevocable trust usually would be designed to avoid creditors claims made against the deceased creator. In addition, if this is a Georgia decedent, the minor child may be able to use a year's support right to get around the creditors' claims even if the life insurance might otherwise be exposed, even though there's a living trust in place and not simply a probate estate. If you really want an answer, I suggest that you contact a good estate attorney, preferably one with some litigation experience, and see if they can review the trust and the beneficiary designation and see what the situation actually is. It's too fact-dependent a question to be answered in this kind of forum.
The answer to this question depends very heavily on (1) how the trust is written and (2) how the beneficiary designation was set up. The term "living trust" usually means a revocable living trust, and the general rule is that assets held by or paid to a revocable living trust can be accessed to pay the debts of the trust's deceased creator. But if the trust was structured to protect life insurance benefits specifically, it might not make them subject to creditor claims. The trust also might not be a revocable trust - it could have been an irrevocable trust created during the creator's lifetime - that is also technically a living trust although not that's not the most common use of that term. An irrevocable trust usually would be designed to avoid creditors claims made against the deceased creator. In addition, if this is a Georgia decedent, the minor child may be able to use a year's support right to get around the creditors' claims even if the life insurance might otherwise be exposed, even though there's a living trust in place and not simply a probate estate. If you really want an answer, I suggest that you contact a good estate attorney, preferably one with some litigation experience, and see if they can review the trust and the beneficiary designation and see what the situation actually is. It's too fact-dependent a question to be answered in this kind of forum.
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How can I find out if my father had a will?

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Answered by attorney William Michael Reed (Unclaimed Profile)
Estate Planning lawyer at Reed Law Firm
I take it that you are not on friendly terms with the widow. In a conflict situation, you may file an intestate probate proceeding, take her testimony under oath, and publish notice in the local newspaper. If it is discovered, it can be filed with the court.
I take it that you are not on friendly terms with the widow. In a conflict situation, you may file an intestate probate proceeding, take her testimony under oath, and publish notice in the local newspaper. If it is discovered, it can be filed with the court.
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What are my rights to a property if there is no formal document from my grandfathers will?

Answered by attorney Brian Chew
Estate Planning lawyer at OC Wills and Trust Attorneys
Unfortunately without a living trust owning the properties owned by your grandfather, your Mother will not be able to sell or distribute the properties until she is officially appointed as the executor by a probate court. It is too late for a trust to be created. She should probably consult with an attorney to have the probate opened. Once she is appointed executor she can sell the properties but if there are other owners she may would have to go to to court again in order to force the sale.
Unfortunately without a living trust owning the properties owned by your grandfather, your Mother will not be able to sell or distribute the properties until she is officially appointed as the executor by a probate court. It is too late for a trust to be created. She should probably consult with an attorney to have the probate opened. Once she is appointed executor she can sell the properties but if there are other owners she may would have to go to to court again in order to force the sale.
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