FAQs
Leslie A. Erwin, P.C.
If I have a will, do I have to go through probate?
It depends. You will have to go through probate either way if you have assets in your individual will that no one can access. Work with a woman owned probate attorney in McDonough, GA.How can I avoid probate?
A well-crafted estate plan with a revocable trust can help you avoid probate. Reach out to Leslie A. Erwin, P.C. today and work with a woman owned probate attorney in McDonough, GA.How can I avoid litigating a probate matter?
A well-crafted estate plan can help you avoid litigating a probate matter. It's important to plan ahead. Work with our woman owned estate attorney in McDonough, GA and get prepared!Do I need a Last Will?
A Last Will and Testament is essential if you want control over how your assets are distributed after your death. It allows you to name beneficiaries, appoint guardians for minor children, and designate an executor to carry out your wishes. Without a will, your estate will be distributed according to state law, which may not reflect your preferences.Do I need a Trust?
A trust isn’t necessary for everyone, but it can be very beneficial depending on your goals. A revocable trust can help avoid probate, maintain privacy, and provide more control over how and when your assets are distributed. It’s often recommended for individuals with larger estates, multiple properties, or specific wishes about asset management.What is the difference between a Last Will and a Revocable Trust?
A Last Will takes effect only after your death and typically goes through probate, which is a court-supervised process. A revocable trust, on the other hand, becomes effective as soon as it’s created and funded, and it allows your assets to pass to beneficiaries without going through probate. Trusts also offer more privacy and flexibility in managing your estate.Why do I need a Power of Attorney?
A Power of Attorney allows you to appoint someone you trust to make financial or legal decisions on your behalf if you become unable to do so. Without one, your family may need to go through a lengthy and costly court process to gain authority to manage your affairs.What is probate?
Probate is the legal process of administering a deceased person’s estate. It involves validating the will (if one exists), paying debts and taxes, and distributing remaining assets to beneficiaries. Probate can be time-consuming, costly, and public, which is why many people seek to minimize or avoid it through proper estate planning.Doesn't everything I own automatically go to my spouse when I die?
Not necessarily. While many assets may pass to a surviving spouse, this depends on how the assets are titled and state laws. Some assets, like jointly owned property or accounts with designated beneficiaries, may transfer automatically. However, assets solely in your name may go through probate and be distributed according to your will—or state law if you don’t have one. Proper planning ensures your wishes are carried out.


