Boling Rice LLCReal Estate Attorneys Cumming GA | Estate Planning Forsyth County2026-10-15T12:53:11Zhttps://www.bolingrice.com/feed/atom/WordPressOn Behalf of Boling Rice LLC<![CDATA[How Georgia year’s support protects surviving families]]>https://www.bolingrice.com/?p=492582026-10-15T12:53:11Z2026-10-15T12:53:11ZWhy does year's support matter so much?
Year's support is especially significant because it can take priority over many unsecured creditor claims. In practical terms, that means surviving family members may be able to receive money or property they need for support before the estate pays certain other debts. This protection can make a major difference when a family is facing immediate financial pressure after a death.
The Rockdale County Probate Court's guidance on this probate remedy also shows that families may need to address the issue early in the estate process rather than waiting until later stages of probate.
What can the family ask the court to set aside?
A petition for year's support can ask the probate court to award property needed for the support of the surviving spouse or minor children. Depending on the circumstances, that may include the home, vehicles, bank funds or other property connected to everyday needs and living expenses.
Missing the filing deadline can end your options
Georgia law allows only a limited time to file for year's support. Missing that deadline may prevent the surviving spouse or minor children from seeking this protection later.
Year's support issues often arise during estate and probate administration. A Georgia probate attorney can help prepare the petition, confirm deadlines and ensure compliance with local filing requirements.]]>by Boling Rice LLC<![CDATA[How do you register a business in Georgia?]]>https://www.bolingrice.com/?p=492562026-10-05T10:44:57Z2026-10-05T10:44:57ZChoose the right business structure
Before you register your Georgia business, decide which legal structure fits your needs. You can form a Limited Liability Company (LLC), corporation or partnership.
Each structure has different tax rules, liability protections and legal requirements. Consider your business activities, financial situation and long-term plans before making your choice.
Complete your business filing
Once you choose your structure, gather the information Georgia law requires to register your business. For an LLC, the Georgia Secretary of State lists these key steps:
Choose a registered agent: Your agent must have a Georgia address and receive official documents for your business.
Prepare your information: Have your business name, principal office address, registered agent details, organizer information and email address ready.
Submit the filing: You can file online or by mail. An online LLC filing currently costs $110.
Allow time for processing: Online LLC filings generally take about seven business days under standard processing.
Keep your filing records as proof of registration and retain them with your other important business documents for future reference.
Keep your Georgia business registration current
Registering your business does not end your responsibilities. If you form an LLC in Georgia, you must submit an annual registration to the Secretary of State between January 1st and April 1st every year. The current fee is around $60.
You can also use the annual registration to update certain business details, such as your principal office or registered agent information. If you fail to file as required, Georgia may administratively dissolve your LLC.
Keeping up with these filings can help you maintain your business’s active status and avoid problems with the state.
Keep your business in good standing
Starting a business in Georgia can feel complicated when you are unsure about the requirements. Choosing the right structure, completing the registration and keeping up with annual filings can help you avoid problems later. If you are unsure which rules apply to your business, legal guidance can help you move forward with the right steps.
]]>On Behalf of Boling Rice LLC<![CDATA[What should you review in a new-home construction contract?]]>https://www.bolingrice.com/?p=492462026-09-22T14:19:23Z2026-09-25T14:18:17Z1. Price and payment terms
Confirm the total price, required deposits, payment milestones and how allowance overages will be handled. Also review whether the contract addresses lien waivers and releases as payments are made, which can help document payment to contractors, subcontractors or suppliers.
2. Materials and project details
Make sure the contract identifies important materials, finishes and construction specifications. Clear descriptions can help you understand what the builder has agreed to provide and reduce disagreements over substitutions or upgrades.
3. Start dates, completion dates and delays
Review the expected construction schedule and any provisions addressing delays. Check whether the contract provides for a final walk-through or punch list, which identifies unfinished or defective items that the builder must address. The contract may explain how weather, supply shortages, permit issues or other events can affect the completion date.
4. Change orders and added costs
Construction plans can change after work begins. Check how you and the builder must approve changes to the scope, price or schedule. Written change-order procedures can make it easier to track additional costs and revised expectations.
5. Warranties and dispute procedures
Georgia rules require licensed residential contractors to provide a written warranty with contracts for covered residential construction work. Review what the warranty covers, excludes and how long it lasts.
Also check how the contract handles disputes. Some agreements require arbitration rather than court litigation. Georgia's Right to Repair Act also establishes a prelitigation process for construction defect claims. Generally, you must give the contractor written notice at least 90 days before filing a lawsuit.
Make sure the contract reflects your agreement
A construction contract determines more than what each party promises to do. It also establishes who bears responsibility when expectations do not match the finished project. If a provision is unclear or difficult to interpret, legal guidance can help you understand its effect and identify terms that may need clarification or negotiation before you sign.]]>On Behalf of Boling Rice LLC<![CDATA[How to handle an encroachment in Georgia?]]>https://www.bolingrice.com/?p=492472026-09-10T12:35:13Z2026-09-10T12:35:13ZCommunicate 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=492442026-08-19T18:47:47Z2026-08-19T18:47:47ZEstate 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=492432026-08-04T13:31:51Z2026-08-04T13:31:51ZEnsure 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[Why confidentiality matters during mediation]]>https://www.bolingrice.com/?p=492412026-07-31T03:29:07Z2026-07-31T03:29:07ZWhy 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[What to do if you find multiple wills after a loved one dies]]>https://www.bolingrice.com/?p=492402026-06-30T12:26:06Z2026-06-30T12:26:06ZIt’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[Have you prepared your children for their inheritance?]]>https://www.bolingrice.com/?p=492372026-06-10T17:40:11Z2026-06-10T17:40:11ZPreparing 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=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.]]>