Boling Rice LLC Real Estate Attorneys Cumming GA | Estate Planning Forsyth County 2026-09-10T12:35:13Z https://www.bolingrice.com/feed/atom/ WordPress On Behalf of Boling Rice LLC <![CDATA[How to handle an encroachment in Georgia?]]> https://www.bolingrice.com/?p=49247 2026-09-10T12:35:13Z 2026-09-10T12:35:13Z Communicate the issue with your neighbor In many cases, clear communication could be the key to solving problems. You can sit down with the other party and have a discussion to sort it out. As a property owner, you can explain the problem to the encroacher and request removal of the encroachment.

Hire a surveyor

If the talks did not bear fruit, you can take the legal pathway. One of the first steps you can take in this direction is to hire a licensed surveyor. They can measure the boundaries and prepare a survey plat that could help you confirm whether your neighbor is actually encroaching on your property.

Send a demand letter

Once you confirm encroachment, you can send the encroacher a demand letter. This letter discusses the encroachment in detail and requests corrective measures with a timeline. If your neighbor remains unresponsive, you may take the matter to court with the help of a real estate attorney.

The risk of adverse possession

If you live in Georgia and you notice the encroachment late, you face a risk of adverse possession. This legal rule allows the encroacher to acquire legal title to property if they occupy it openly, exclusively, hostilely and continuously for 20 years. They might also gain title in as little as 7 years if they possess "color of title." However, people who make adverse possession claims are rare.

Protecting your Georgia property rights with diligence

Resolving an encroachment issue requires diligence. Start with open communication and back up your claims with a professional survey to settle the dispute amicably. If the issue persists, escalate to a formal demand letter or legal action to protect your Georgia property rights.]]> On Behalf of Boling Rice LLC <![CDATA[How Georgia families can plan for intestate succession]]> https://www.bolingrice.com/?p=49244 2026-08-19T18:47:47Z 2026-08-19T18:47:47Z Estate planning tools that can help avoid intestate succession To give your family greater certainty and help you carry out your wishes are carried out, these tools can help you when planning your estate in Georgia:
  • Revocable living trust: You can transfer assets to a trust during your life so that you can retain control over them, while you are alive. After your death, the trust can distribute those assets to the beneficiaries you name, generally without going through a probate.
  • Property ownership registrations: Using accounts and titles such as payable on death (POD) bank accounts, transfer on death (TOD) brokerage accounts and joint tenancy title deeds to let ownership of named assets pass automatically to your chosen surviving co-owner or beneficiary upon your death, rather than going through your estate.
Georgia estate planning rules can be complex, particularly when families have blended households, minor children or significant assets involved.

Taking the next step

Making a will and other arrangements will help in reducing conflicts between family members and provide greater control over how you distribute your estate. If you are unsure how Georgia’s inheritance rules apply to your situation, consider speaking with a Georgia estate planning attorney about your options.    ]]> On Behalf of Boling Rice LLC <![CDATA[How to reduce the risk of will contests in Georgia]]> https://www.bolingrice.com/?p=49243 2026-08-04T13:31:51Z 2026-08-04T13:31:51Z Ensure proper execution of your will Georgia law has specific requirements for a valid will. The document must be in writing and signed by the person creating it. Additionally, two competent witnesses must sign the will in the presence of the testator. Meeting these requirements is essential. Failing to follow these rules can lead to a will contest. Creating a self-proving affidavit at the time of signing can also strengthen the will. This notarized document allows the will to be admitted to probate without requiring witness testimony.

Consider a no-contest clause

A no-contest clause can discourage beneficiaries from challenging the will. This states that anyone who contests the will and loses forfeits their inheritance. While not foolproof, this clause makes potential challengers think twice before filing a dispute. However, Georgia law has specific requirements for enforceability. The will must state how the forfeited property will be redistributed if someone triggers the clause. Without this direction, the no-contest clause becomes void.

Document mental capacity at the time of signing

Lack of mental capacity is a common reason for will contests.Under Georgia law, the testator must understand what they own and who their natural beneficiaries are. Medical records confirming mental competence at signing can be valuable. Some individuals choose to have a physician evaluate them shortly before executing their will. This evidence can be crucial if questions arise later.

Address potential family conflicts directly

Family dynamics often fuel will contests. When certain beneficiaries receive less than others expect, disputes may follow. Consider discussing estate plans with family members when appropriate. Clear communication can prevent misunderstandings. Additionally, including an explanation letter with the will can clarify decisions without changing the legal document itself.

Taking steps to protect your legacy

Will contests can create lasting damage to family relationships. However, taking the right precautions during estate planning can minimize these risks. Following Georgia's legal requirements and addressing potential sources of conflict are essential steps in the process.]]> On Behalf of Boling Rice LLC <![CDATA[3 things homebuyers should know about HOA properties]]> https://www.bolingrice.com/?p=49242 2026-07-31T15:33:44Z 2026-07-31T15:33:44Z Pet restrictions HOAs can prohibit certain categories of pets. Usually, they exclude pets that are harmful or dangerous to the residents. Even among the allowed pet category, certain breeds might face scrutiny. For instance, if you have a pit bull, there may be specific rules about how you should maintain the dog in the neighborhood. Lastly, they can also put a limit on the number of pets a household can have. Note: These restrictions may not apply to individuals with disabilities who require assistance animals, as reasonable accommodations are protected under the federal Fair Housing Act.

Parking restrictions

HOAs often enforce parking rules to keep up community aesthetics and safety. They may dictate where you can park, such as prohibiting street parking or requiring vehicles to be stored in a garage. Additionally, associations may limit the number of vehicles per household or place outright bans on specific vehicle types, such as commercial trucks, RVs or boats. Note: These restrictions are applicable only if the HOAs own and maintain the roads.

Modification restrictions

To preserve the neighborhood’s architectural character and uniformity, HOAs typically require homeowners to seek approval from them before making any changes to the property. This can apply to a wide range of projects, from painting your home a different color to adding structures like sheds.

Evaluating HOA rules before you buy

Before finalizing your home purchase, visualize your daily life under these association regulations. If you feel at ease with that scenario, you will likely find it acceptable once you start living. Even so, consulting a legal professional experienced in real estate law is important for complete clarity.]]> On Behalf of Boling Rice LLC <![CDATA[Why confidentiality matters during mediation]]> https://www.bolingrice.com/?p=49241 2026-07-31T03:29:07Z 2026-07-31T03:29:07Z Why privacy helps mediation Mediation works best when both sides speak honestly. People are often more willing to explain their concerns when they know the discussion is generally private. This can make it easier to clear up misunderstandings and consider possible solutions. Georgia's Alternative Dispute Resolution Rules protect many communications made during court-connected mediation. These rules encourage open discussion while recognizing that some exceptions may apply. Knowing this helps parties understand the purpose of mediation before the process begins.

What confidentiality usually covers

Confidentiality does not protect every piece of information connected to a dispute. Instead, it mainly applies to discussions and materials created for mediation. In many cases, it may protect:
  • Settlement offers made during mediation
  • Conversations between the parties and the mediator
  • Private meetings held during the mediation session
  • Notes prepared only for the mediation process
Documents that already existed before mediation, such as contracts, financial records or property records, usually remain available under the normal rules of evidence. O.C.G.A. § 24-4-408 also limits how certain settlement discussions may be used later in court. These protections have limits, so it is important to understand what they cover. Every mediation proceeding is different, and the level of confidentiality may depend on the circumstances and the rules that apply. Understanding confidentiality before mediation can help you know what to expect. It can also help you take part in the discussion with greater confidence. If you have questions, consider reaching out to a legal professional for guidance.]]> 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.]]>