Best Private Client Lawyers in Marietta

About Private Client Law in Marietta, United States

Private client law in Marietta, Georgia, focuses on providing legal services to individuals and families related to their personal assets, estate planning, tax matters, wealth management, charitable giving, probate, and guardianship issues. The aim is to help clients manage, protect, and transfer their wealth according to their wishes while complying with federal and Georgia state laws. These services are especially important in Marietta, a city with a diverse population and varying needs for both simple and complex estates.

Why You May Need a Lawyer

People in Marietta may require a private client lawyer for a range of reasons. Common situations include drafting a will or trust, planning for incapacity with powers of attorney or advance directives, minimizing estate or gift taxes, dealing with probate after a loved one's death, establishing guardianship for minors or incapacitated adults, resolving disputes over inheritances, and structuring charitable donations. Legal guidance helps protect client interests, avoid costly mistakes, and ensure one’s intentions are properly carried out.

Local Laws Overview

Georgia law, including statutes specific to Cobb County and Marietta, shapes many aspects of private client matters. Key legal considerations include:

• Wills must be signed by the testator and two witnesses to be valid in Georgia.
• Georgia recognizes both formal probate and simplified probate, depending on the size of the estate.
• Trusts are governed by the Georgia Trust Code, which sets out rules for creation, administration, and termination of trusts.
• Power of attorney forms must use specific statutory language to comply with Georgia law.
• The Georgia Advance Directive for Health Care combines living will and health care power of attorney in one document.
• State estate tax was eliminated in Georgia, but federal estate tax may still apply.
• Guardianship and conservatorship petitions are filed in Cobb County Probate Court, which serves Marietta residents.

Frequently Asked Questions

What is the difference between a will and a trust?

A will is a legal document that outlines how you want your property distributed after your death. A trust is an arrangement that allows a third party, or trustee, to hold and manage assets on behalf of beneficiaries. Trusts can become effective during your lifetime, while wills take effect only after death.

Do I need a will if I already have a trust?

It is generally recommended to have both. A trust may not cover all assets, so a will can address any property not transferred into the trust.

What happens if someone dies without a will in Marietta?

If a person dies intestate, or without a will, Georgia law will determine how their assets are distributed, typically prioritizing spouses and children. The process is handled through probate court.

How does probate work in Cobb County?

The probate process begins in Cobb County Probate Court. The court appoints an executor or administrator, oversees the settlement of debts, and ensures assets are distributed according to the will or, if there is no will, Georgia law.

What is a power of attorney, and why is it important?

A power of attorney is a legal document that lets you appoint someone to manage your financial or medical affairs if you become unable to do so yourself. It is important for ensuring that your affairs are handled as you wish if you are incapacitated.

How can I protect a family member who cannot manage their own affairs?

You may petition the Cobb County Probate Court for guardianship or conservatorship. This legal process allows you to take responsibility for the person’s personal or financial matters under court supervision.

Is there an estate tax in Georgia?

No, Georgia does not impose a state-level estate tax. However, estates that exceed federal thresholds may be subject to federal estate taxes.

How long does probate take in Marietta?

Probate can take anywhere from several months to over a year, depending on the complexity of the estate and whether there are any disputes or unusual circumstances.

Can I challenge a will in Georgia?

Yes. Grounds for contesting a will in Georgia include lack of testamentary capacity, undue influence, fraud, or improper execution. Legal counsel can help assess and pursue such claims.

Do I need a lawyer to create a will or trust?

While it is possible to create these documents without a lawyer, experienced legal guidance helps ensure your documents are valid, fully address your wishes, and comply with Georgia law, reducing the risk of future disputes.

Additional Resources

If you need more information or assistance related to private client matters in Marietta, the following may be helpful:

• Cobb County Probate Court - Handles wills, estates, guardianships, and conservatorships.
• Georgia Department of Human Services, Division of Aging Services - Offers advice for seniors on guardianship and advance directives.
• State Bar of Georgia - Provides a lawyer referral service and public resources on estate planning.
• Legal Aid organizations serving Cobb County - May offer assistance to eligible individuals.

Next Steps

If you require legal assistance in a private client matter in Marietta, start by determining the specific issue you face, such as estate planning, probate, or guardianship. Gather any relevant documents and make a list of your questions. Then, consult with a qualified local attorney who specializes in private client or estate law. Many attorneys offer initial consultations to help you understand your options. Stay proactive, ask questions, and ensure you understand any agreements or documents before signing.