Boling Rice LLC Real Estate Attorneys Cumming GA | Estate Planning Forsyth County 2026-07-21T16:53:25Z https://www.bolingrice.com/feed/atom/ WordPress On Behalf of Boling Rice LLC <![CDATA[3 benefits of mediation for corporate contracts]]> https://www.bolingrice.com/?p=49239 2026-07-21T16:53:25Z 2026-07-21T16:53:25Z Benefit 1: You save money and time Litigation is expensive before it even begins. You pay for discovery, filing fees and attorney hours before a judge ever sees your case. In Georgia, commercial breach of contract cases can take many months or years to resolve. Mediation sidesteps that timeline entirely. Both parties meet privately over a few sessions and work toward a binding agreement. That process protects your cash flow and keeps your team focused on operations instead of depositions.

Benefit 2: Your sensitive business data stays private

A public lawsuit puts your financial records, trade secrets and operational details into the public record. Mediation is confidential by default under Georgia state rules. Three specific protections apply:
  • Mediation sessions generally remain private under state rules.
  • General discussions cannot serve as evidence to prove standard liability.
  • Final agreements can include strict nondisclosure terms.
Those protections are not absolute as there are a few narrow exceptions. However, contract mediation ensures that your sensitive negotiations almost always stay out of public view.

Benefit 3: You protect the relationship with your business partner

A courtroom battle rarely ends with two companies ready to work together again. It can destroy trust and make future cooperation difficult or impossible. Mediation is built around mutual problem-solving, not winning at the other party's expense. A neutral mediator helps both sides identify shared interests and rewrite contract terms that allow the relationship to continue. That matters when your vendor supplies critical inventory or your client represents a significant share of your revenue. Preserving that connection protects your supply chain and your long-term market position.

What mediation means for your business going forward

Mediation is not just a cost-saving tactic. It is a strategic decision about how your business handles conflict. Consider speaking with a qualified corporate attorney. Understanding your options before a conflict begins gives you far more control over the outcome when one does.  ]]> On Behalf of Boling Rice LLC <![CDATA[What to do if you find multiple wills after a loved one dies]]> https://www.bolingrice.com/?p=49240 2026-06-30T12:26:06Z 2026-06-30T12:26:06Z It’s always best to partner with an experienced legal professional when putting a will and other estate plan documents in place. However, some people choose to create a “do-it-yourself” will using an online program. That means the family of a recently deceased loved one may find multiple wills after they die. These wills may be in various stages of completion. They may be completed but marked up with handwritten notes or cross-outs. If there are contradictory terms and inheritances listed, it can be confusing and frustrating.  How do you know which one (if any) reflects your loved one’s final wishes and is valid under the law? If this is the situation in which you find yourself, what should you do? First, it’s important to make sure you locate and preserve all the wills. If your loved one has a safe deposit box or home safe, there may be one there, even if you found one or more in a desk or on their computer. Determine whether they worked with an estate planning professional at some point. They should have the most current version unless your loved one made changes without notifying them – although those might not be considered legally valid.

The probate court needs to determine which version to use

All wills and other estate plan documents need to be submitted to the local probate court. A judge will review them and determine which (if any) the deceased intended to be their “last will and testament” and if it is valid under Georgia law. Typically, the will with the most recent date is considered the final will if it is valid, but not always. Once the court determines which will to use to administer the estate, any heirs or other beneficiaries may be able to challenge it. As we’ve discussed here previously, there are specific grounds that can be used for contesting a will.  Finding multiple, contradictory wills can be the beginning of a difficult and possibly contentious probate. Getting experienced legal guidance can help you protect your rights and your loved one’s wishes.  ]]> On Behalf of Boling Rice LLC <![CDATA[2 things that can make an executor’s job harder]]> https://www.bolingrice.com/?p=49238 2026-06-22T01:56:37Z 2026-06-22T01:56:37Z Beneficiaries and family members are often surprised at how long probate takes. This may stem from not realizing how much the probate process entails. In some cases, it may also stem from a genuine need to get the assets due to them. While the length generally depends on the complexity of the estate, the personal representative executing the estate needs to avoid mistakes that extend the process and make their own job harder. Here are two of the biggest errors to avoid:

1. Rushing through the steps

Executing an estate plan requires a thorough and methodical approach. Trying to get through the steps too fast could result in significant errors that end up costing far more time and effort.  Frequently, executors make this mistake because they feel burdened by the job or the time commitment or simply because they feel pressured by family and beneficiaries to finish. It is important to slow down and give each step the necessary attention.

2. Not seeking proper assistance

Sometimes, a personal representative does not need much assistance because the estate is small and the plan is fairly straightforward. In other cases, however, not seeking help could add months or even years to the probate process.  Family members are often eager to help where they can, and their knowledge of the deceased can be invaluable. They can often assist an executor with locating important documents and assets. There is also a steep learning curve for any personal representative. Seeking experienced legal guidance from someone who already understands each step of the probate process can make an executor’s job much easier and the process more efficient. It can also add legitimacy. People sometimes initiate legal challenges because they don’t think the personal representative is doing their job properly. Knowing there is someone with the necessary legal experience involved can reassure them. Whether an estate is large or small, a little bit of caution can keep the probate process running smoothly.]]> On Behalf of Boling Rice LLC <![CDATA[Have you prepared your children for their inheritance?]]> https://www.bolingrice.com/?p=49237 2026-06-10T17:40:11Z 2026-06-10T17:40:11Z Preparing your children for their inheritance can prevent such a potential reality. Following are two things you can do.

Building financial literacy

Helping a child understand finances can begin very young. Teach them the difference between needs and wants, how to budget, saving, giving and delayed gratification. When they get older, you can introduce real-world budgeting, investing, debt, taxes and wealth building. Moreover, involve your children in major family decisions, and let them make independent decisions as well. For example, one might run the family business, another may manage a real estate property and so forth. This way, you can guide them while you’re still around. A beneficiary with financial literacy is more likely to make better decisions.

Having conversations about values, money and legacy

When your children understand the family values, how you built your wealth and your intentions for it, they can be better prepared for financial responsibility. Thus, create an environment in which you can have open conversations with them, and they can ask you anything. It also helps to discuss your estate plan with your children. You don’t need to tell them how much or what assets they will be inheriting. However, you can let them know what to expect and the reason behind your asset distribution. You can introduce them to the professionals on your estate planning team. Preparing your children for their inheritance can prevent surprises, poor financial decisions and family conflict. This will help them preserve and grow your legacy and theirs. Learn more about other ways to protect your children through your estate plan.  ]]> On Behalf of Boling Rice LLC <![CDATA[What’s the difference between a deed and a title? ]]> https://www.bolingrice.com/?p=49236 2026-05-27T22:30:24Z 2026-05-27T22:30:24Z “Deed” and “title” are two of these. They’re often used interchangeably, but they aren’t the same thing. In simple terms, a title is the legal ownership of a property, and a deed is the written document that’s used to transfer ownership rights from one entity to another. This distinction is important because many property disputes stem from misunderstandings about various aspects of deeds and titles.

How do deeds transfer property rights?

A deed is a formal legal document that identifies the person transferring the property, the person receiving it and the property that’s being transferred. It should be signed, delivered, accepted and recorded with the county office that keeps these records. Not all deeds are the same. Different deeds have different levels of protection. A quitclaim deed transfers the interest the signer has to the property, but it doesn’t come with a guarantee that the signer has any ownership or that the property Is free of other legal claims. A warranty deed is a stronger deed because it includes guarantees about ownership and the absence of certain title problems.

How can parties in real estate transactions protect their interests?

One of the most important things you can do if you’re purchasing real estate is to learn about the type of deed that you’re receiving. From there, you can look into any potential deed or title issues that may be present. Having legal assistance with this aspect of the purchase may be beneficial so you don’t overlook anything important.]]> On Behalf of Boling Rice LLC <![CDATA[Is your heir the right successor to your business?]]> https://www.bolingrice.com/?p=49233 2026-05-14T13:14:07Z 2026-05-19T13:13:41Z Evaluating a successor Choosing a successor often involves more than family connection alone. Many business owners find it helpful to consider factors that can affect how the business will operate over time. Before you name a successor, it may help to consider:
  • Level of interest in leading the business
  • Relevant business experience
  • Ability to make difficult business decisions
  • Current involvement in operations
Looking at these factors can help you assess whether a potential successor is prepared to lead. It is also worth considering how the transition may affect your employees and clients, as well as whether the decision could create tension among family members. Taking both perspectives into account can support a more stable transition.

Separating ownership from management

You do not have to give ownership and control to the same person. Many business owners divide these roles as part of a succession plan. Your heirs may receive ownership interests while another person manages daily operations. That person may be a family member with the right background or a trusted non-family executive. This structure can help maintain stability, preserve business value and reduce strain if heirs have different levels of interest or ability.

Structuring a transition that supports both

A well-planned transition will rely on clear legal documents that reflect your intentions. These documents can define how ownership will pass and who will make key decisions. You may want to consider:
  • Operating or shareholder agreements to define leadership roles and voting rights
  • Buy-sell provisions to address how ownership interests may transfer
  • Governance terms to guide how decisions will be made after the transition
You may also choose a phased approach, where a successor takes on more responsibility over time. This allows you to assess readiness while maintaining continuity. Setting these terms in advance can reduce the risk of disputes and provide stability during a period of change.

Balancing family goals with long-term stability

Choosing a successor often means balancing more than one priority, including the desire to support your family while protecting the business you have built. Those goals do not always align, and recognizing that early can lead to more deliberate decisions. By weighing capability alongside family relationships, you can set expectations that support continuity and reduce uncertainty, shaping how the business carries forward in the years ahead.  ]]> On Behalf of Boling Rice LLC <![CDATA[How many missed payments make foreclosure a risk?]]> https://www.bolingrice.com/?p=49234 2026-05-12T23:17:20Z 2026-05-12T23:17:20Z The law restricts foreclosure activity Lenders cannot simply foreclose because a homeowner missed one payment. They must miss multiple payments back-to-back without paying anything before foreclosure becomes a concern. Typically, it is the fourth missed mortgage payment in a row that places a property owner at risk of foreclosure. After four or more missed payments, the lender can begin the legal process of foreclosure. They send formal notice, submit paperwork to the courts and begin the process of asserting their right to the property as collateral for the loan. Mistakes in that process can provide the basis for a foreclosure defense strategy. Homeowners may also consider bankruptcy, mortgage modifications or redemption to prevent foreclosure, depending on their current financial circumstances. Those hoping to avoid foreclosure typically need to act quickly to protect their homes. Reviewing mortgage paperwork and payment history with a residential real estate attorney can help those concerned about foreclosures evaluate their options for defending their homeownership.]]> On Behalf of Boling Rice LLC <![CDATA[Did a business partner fail to uphold their fiduciary duty?]]> https://www.bolingrice.com/?p=49232 2026-04-23T14:42:00Z 2026-04-23T14:42:00Z Starting a new company creates legal and financial obligations. Both contracts and legal requirements govern the conduct of business owners, including business partners. Business partners often negotiate exhaustive contracts with one another outlining their anticipated investments, performance expectations and daily responsibilities, as well as how they intend to share profits. They also have a fiduciary duty to the business that they started together, as well as to one another. They should both be loyal, act in good faith and provide disclosures of any relevant information to one another. The best interests of the company should come before personal wishes. Unfortunately, one partner may put their own enrichment ahead of what is best for the company. In that scenario, litigation to address their breach of fiduciary duty may become necessary.

How litigation helps

Unless a partner readily acknowledges their mistakes and accepts responsibility for them, litigation may be the only way to address the impact their breach of duty has had on the organization or on the partner who remained compliant with the agreement. A lawsuit against a business partner can lead to an award of damages for the financial impact of embezzling or self-dealing. A lawsuit could also help enforce a buy-sell agreement that allows for a partnership buyout. A judge could also issue injunctions to prevent unfair competition or other misconduct on the part of a partner exiting the organization. Reviewing written agreements and personal concerns with a business litigation attorney can help partners evaluate their options when they suspect misconduct. Prompt legal action can help protect the company and minimize the harm generated by one partner’s failure to fulfill their fiduciary duty. ]]> On Behalf of Boling Rice LLC <![CDATA[5 possible grounds to contest a will]]> https://www.bolingrice.com/?p=49230 2026-04-14T07:11:29Z 2026-04-14T07:11:29Z Lack of testamentary capacity A valid will only holds up if the “testator,” or the person creating it, had the mental clarity to make informed decisions. This means they must have understood:
  • The purpose of a will
  • The full scope of assets and property
  • Who should naturally inherit
  • The division of assets
If your loved one was suffering from conditions such as dementia or cognitive impairment, you may have reasonable grounds to question the will’s content. Medical records and witness accounts often play a key role in clarifying this.

Undue influence

In some cases, vulnerable individuals may be influenced to make decisions that benefit another person. Influencers often hold positions of trust, such as caregivers, close relatives or advisors. Try to recall who was around your loved one in their final years, particularly those who were with them alone or had access over their finances. If you have noticed sudden changes in beneficiaries or decisions in the will that contradict the testator’s past wishes can be a sign of undue influence.

Improper execution

Georgia law requires specific steps to make a will legally binding. Typically, a will must be:
  • In writing
  • Signed by the testator (or at the testator’s direction)
  • Witnessed by at least two competent individuals
Because estate law has strict rules, even a small oversight can lead to disputes or delays in distributing assets. Since estate procedures can be complex, seeking legal counsel can help you clarify whether execution errors exist.

Fraud or forgery

You can also challenge a will if someone intentionally misled the testator, tricked them into signing or forged a signature. However, proving fraud or forgery usually requires strong evidence, such as handwriting analysis or documentation of deceptive behavior. Legal counsel can help investigate the circumstances surrounding the will's creation and obtain an analysis on your behalf.

Discovery of a newer will

Conflicts occur when multiple versions of a will surface. The testator may have created a more recent will that replaces an older one being presented for probate.

Protecting your loved one’s wishes

If you become aware of a newer version of the will, bring it to the court's attention immediately. The more recent document typically takes precedence over earlier versions. Presenting it promptly can prevent the court from probating the wrong will.]]> On Behalf of Boling Rice LLC <![CDATA[What is the purpose of a real estate partition action?]]> https://www.bolingrice.com/?p=49229 2026-04-13T15:45:32Z 2026-04-13T15:45:32Z What is a partition action? A partition action is essentially a real estate lawsuit that terminates joint ownership. Judges have the authority to order the sale of the property, divide a single parcel into multiple separate properties or facilitate a buyout where one owner sells their interest to other owners or acquires their interest in the property. Each of those solutions can effectively remedy disputes among co-owners. Property owners initiating partition actions can ask for a specific solution from the courts. They may need assistance reviewing ownership records and other documentation to support their claim that the intervention of the courts is necessary. Reviewing issues related to joint ownership with a skilled legal team can help property owners in Georgia evaluate their options. Real estate litigation can be a viable solution in cases where co-owners can no longer amicably share ownership.]]>