Boling Rice LLCReal Estate Attorneys Cumming GA | Estate Planning Forsyth County2026-05-27T22:30:24Zhttps://www.bolingrice.com/feed/atom/WordPressOn Behalf of Boling Rice LLC<![CDATA[What’s the difference between a deed and a title? ]]>https://www.bolingrice.com/?p=492362026-05-27T22:30:24Z2026-05-27T22:30:24Z“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=492332026-05-14T13:14:07Z2026-05-19T13:13:41ZEvaluating 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=492342026-05-12T23:17:20Z2026-05-12T23:17:20ZThe 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=492322026-04-23T14:42:00Z2026-04-23T14:42:00ZStarting 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 afiduciary 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 abusiness 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=492302026-04-14T07:11:29Z2026-04-14T07:11:29ZLack 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=492292026-04-13T15:45:32Z2026-04-13T15:45:32ZWhat 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.]]>On Behalf of Boling Rice LLC<![CDATA[How does the mediation process work from start to finish?]]>https://www.bolingrice.com/?p=492272026-03-24T12:36:00Z2026-03-27T12:25:28ZAgreeing to mediate and choosing a mediator
Mediation starts when both you and the other party consent to the process. This might be voluntary, or it might stem from a clause in your real estate contract that requires mediation before litigation. Georgia courts often mandate this step for property conflicts before a trial can proceed.
Selecting the right mediator is your next critical step. The mediator serves as a neutral facilitator, not a judge who decides who wins. You want someone who knows real estate law, understands property transactions and has experience resolving cases similar to yours.
Gathering information and setting goals
Preparation often determines whether your mediation succeeds. Make sure to gather all relevant documents, including:
Contracts
Photos
Emails and text messages
Inspection reports
Repair estimates
Financial statements
Some facilitators also ask for a brief written summary of your position a few days before the scheduled meeting.
You also need to establish clear objectives. What outcome would resolve this issue for you? Where can you compromise, and where must you stand firm? Think about what continued conflict will cost you in legal fees, lost time and emotional stress.
Managing the opening phase
The process usually begins with everyone in the same room. The mediator starts by laying out the ground rules and explaining confidentiality. Under Georgia law, what you say during the discussion is protected—it generally cannot be used against you in court later.
Next, each side delivers an opening statement. You will describe the matter from your perspective and explain what you consider a fair outcome. These presentations help the mediator understand the full picture and identify exactly where both parties align or diverge.
Participating in private meetings and negotiation
Following opening statements, your mediator usually separates you and the opposing party into different rooms. During these private caucuses, mediators typically address:
Strengths and weaknesses of your legal claims
Costs and time required for litigation
Uncertainty of letting a judge or jury decide
Creative solutions beyond monetary payments
Market realities and property valuations
Relationship preservation considerations
These private sessions allow for frank discussion about your case without the other party present. You can discuss sensitive information, reveal your true priorities and explore settlement possibilities without showing your hand to the opposition.
The mediator travels between rooms, conveying offers and counteroffers while helping each side evaluate their position realistically. They generally challenge unrealistic expectations and encourage both sides to consider outcomes they can accept rather than holding out for total victory.
This negotiation phase can last several hours or even require multiple sessions.
Reaching and recording settlement
When you and the other party agree on terms, the mediator will prepare a written settlement agreement. This document spells out every obligation, deadline and condition that both sides have accepted.
Pursuing mediation with caution
Mediation offers important benefits when resolving real estate disputes with less disruption. This often includes lower costs, faster resolutions and more control over outcomes than leaving the decision to a judge. Because sessions are private, you can also protect your reputation and sensitive financial information from public records.
Still, you must approach the table with a clear understanding of the legal consequences. A signed settlement is final and typically prevents you from pursuing the same claim later. Entering these discussions with organized evidence and a solid grasp of Georgia property law can help you ensure any agreement is fair and lasting.]]>On Behalf of Boling Rice LLC<![CDATA[Who can serve as executor of an estate in Georgia?]]>https://www.bolingrice.com/?p=492282026-03-19T06:27:37Z2026-03-19T06:27:37ZWhen you create a will, one key decision is naming someone to carry out your final wishes. In Georgia, the person named in a will to handle this role is called the executor. The executor gathers assets, pays debts and distributes property to beneficiaries. Knowing who qualifies for this role helps you pick the right person for the job.
Basic qualifications
Georgia law sets few formal rules. An executor must be at least 18 years old and mentally able to handle financial and legal tasks. There is no automatic bar based on criminal history, but the probate court can disqualify a nominee for good cause if it finds that person unfit to fulfill the role.
Family members and trusted individuals
Most people name a spouse, adult child or close relative as executor. This makes sense because the role calls for someone you trust to gather assets, pay debts and taxes and give property to beneficiaries. A personal representative also has a legal duty to act in the best interests of the estate, so picking someone organized and honest matters more than picking someone with legal training.
Out-of-state and corporate executors
Georgia does not stop out-of-state residents from serving as executors, though practical concerns often make a local choice easier. Certain banks, trust companies and other entities authorized by the state to exercise fiduciary powers can also serve. This option may work well for large or complex estates where probate administration could stretch over many months.
What happens if the named executor cannot serve
If your chosen executor dies before you, turns down the role or becomes unable to serve, the court will appoint an administrator with will annexed to carry out the will's terms. Naming a backup executor in your will can prevent that step entirely and keep the estate on track. Georgia gives you wide latitude in choosing an executor. Using that flexibility wisely helps ensure your estate is handled the way you intended.]]>On Behalf of Boling Rice LLC<![CDATA[Can a business owner change the type of company they run?]]>https://www.bolingrice.com/?p=492252026-02-27T15:31:30Z2026-02-27T15:31:30ZChanging the business type is possible
Regardless of the type of company originally established, it is theoretically possible to formally change the company's structure without first dissolving the organization. The exact steps and paperwork involved depend in no small part on the current type of company and the new type of business.
Frequently, business leaders may need to modify the paperwork submitted to state authorities. They may need to send formal notice to any investors or partners. The business plan may need to change. In some cases, the actual name of the company must also evolve. All of those changes require careful planning and communication with appropriate parties.
Business leaders trying to juggle daily operations with a major change to the company may find themselves feeling overwhelmed. Working with a business law attorney can streamline the process of formally modifying a business's type after the initial creation of a company.]]>On Behalf of Boling Rice LLC<![CDATA[The benefit of using a discretionary trust]]>https://www.bolingrice.com/?p=492242026-02-09T09:18:36Z2026-02-09T09:18:36ZIf you are concerned about a beneficiary’s spending habits or decision-making abilities, you may decide that you do not want to leave them a direct inheritance. Instead, you are going to put the money into a trust, which can then govern how that inheritance will be used.
One way to do this is simply to create a discretionary trust. You identify a trustee that you believe will make wise choices, and you allow them to decide how the money in that fund can be used after you pass away. The beneficiary does not own the money and cannot access it directly, but can only get payouts that are authorized by the trustee.
You decide who is in charge
The main benefit is that you get to pick who makes all of these decisions moving forward. Maybe you are worried that a young beneficiary would frivolously spend their inheritance, for instance, when you would rather that they use it to start a business, buy a home or pay for college tuition. By choosing the appropriate trustee, you ensure that wise decisions will be made with your money.
It offers flexibility
Of course, you can set up a trust for these specific purposes, such as an educational trust that is only for college costs. But a discretionary trust is a bit more flexible. The money is not set aside only for one certain purpose, and the trustee can simply consider all the relevant facts when deciding what type of decisions to make. For instance, maybe a beneficiary does not want to go to college because they want to start a business or join the military, or because of issues outside of their control, like an injury or a disease that requires extensive medical treatment.As you can see, there are many options to create a trust as part of your estate plan. Just be sure you know what legal steps to take to incorporate that trust into your plan this year.]]>