Cumming Georgia Legal Blog

Many people in Georgia love the music of Aretha Franklin, known widely as the Queen of Soul. However, like many celebrities, she did not leave behind a clear estate plan to distribute her valuable assets among her family members. Franklin's experience may highlight the importance of estate planning to avoid a lengthy, costly probate process for loved ones left behind. After Franklin passed away in August 2018, news reports noted that she had not left behind a will. As a result, her estate has been in probate court since that time with family members disputing over the distribution of her substantial estate.

As she died without a will, state law should guide the distribution of her property, but the substantial amounts at stake have sparked various family members to make their claims in probate court. Existing disputes and disagreements between family can be exacerbated when a relative dies without a will, especially if a significant sum hangs in the balance. Now, three different handwritten wills attributed to Franklin have been found in different locations, including one reportedly discovered under seat cushions. All of them have been proffered to the probate court, but it is not clear if any of them hold legal value.

Georgia fans of the late film director John Singleton may be surprised to know that there may be some estate issues complicating things for the loved ones he left behind. Singleton, who died in April 2019 at the age of 51, reportedly had a will that was already prepared prior to his death. The director's mother is in possession of this document and plans to file it.

There are reports that the "Boyz n the Hood" director's mother handled her son's business matters, so it's expected that she's the likely executor of the will. According to previous reports, Singleton has children who aren't thrilled with his mother's desire to be named the conservator of his assets. The director's daughter has reportedly accused her grandmother of attempting to keep the children out of Singleton's post-death financial matters.

Mediation is a way of resolving legal disputes outside of the courtroom. If both parties agree to mediation, neither must appear in court. The mediator serves as a facilitator of the negotiations, offering legal information so that the parties can reach an agreement on their disputes.

Benefits of mediation

When a person dies in Georgia or another state, the sum of their possessions both in and outside the United States is subject to estate taxes. These possessions, known as their gross estate, don't just include physical property. Bank accounts, investments, annuities and even unaccounted for gifts are subject to estate taxes. If the total amount of these assets is greater than the federal estate tax exemption, the executor of the estate is required to file form 706. This may even be true even if no taxes are owed.

In 2017, the exemption for the estate tax changed: It was raised from $5.49 million per person, $10.98 million for a married couple, to $11.18 million per person or $22.36 million for a married couple. This estate tax generally applies to citizens and legal residents of the United States. In some circumstances, nonresidents may be required to pay estate taxes as well.