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Questions Answered by Jake Slowik
1 Answer | Asked in Estate Planning and Tax Law for Georgia on
Q: Do I need to file tax form 1041 for irrevocable minor trust with no current income or disbursements?

I have an irrevocable minor trust set up for my daughter that is held until she turns 18. The trust had some interest income the first year but none since, as it's now in an interest-free account. There have been no disbursements. Do I still need to file tax form 1041 every year?

Jake  Slowik
Jake Slowik
answered on Mar 2, 2025

You will want to consult a tax professional to confirm specific trust filing rules. Generally, a Form 1041 (U.S. Income Tax Return for Estates and Trusts) is required for a trust if it has gross income of $600 or more in a tax year or if it has any taxable income (even if under $600). Since... View More

2 Answers | Asked in Business Law, Estate Planning and Banking for Georgia on
Q: What attorney handles trustee fiduciary duty breach?

I believe that representative trustees of a bank-held trust fund have breached their fiduciary duties over the course of 15 years, either negligently, deliberately, or both, in the administration of the trust and its express and sole purpose. What kind of attorney should I consult for this matter?

Jake  Slowik
Jake Slowik
answered on Mar 2, 2025

I agree with Nina's answer and I'd also recommend you find a law firm with specific experience litigating against corporate trustees (e.g., banks or financial institutions) who understands how to navigate these complex cases, including obtaining financial records, forensic accounting, and... View More

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2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: Contest & objection to will same? adding evidence such as a prenup to the will that was probated in Georgia contesting?
Jake  Slowik
Jake Slowik
answered on Sep 11, 2024

In Georgia, introducing a prenup as evidence to a probated will isn't automatically a contest.

Will contest: Formal challenge to will validity (e.g., lack of capacity, undue influence)

Objection: Less formal concern about specific provisions of a will or administration...
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1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: Can my brother get his inheritance and keep his SSI benefits?

My brother is in SSI because of a mental disability. Our mother recently passed and we should get an inheritance. How can he get that and also keep his benefits?

Jake  Slowik
Jake Slowik
answered on Jan 14, 2025

Yes but you will need to set up a special needs trust for your brother. It is strongly advised to retain an estate planning attorney to handle this matter.

2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: If a named beneficiary in a Will is already deceased, has no spouse and no dependents where/who does the benefits go?
Jake  Slowik
Jake Slowik
answered on Sep 13, 2024

The exact outcome depends on the specific wording of the Will, the laws of the jurisdiction where the Will is being probated, and the particular circumstances of the case. To determine the precise distribution in a specific situation, it would be advisable to consult with a local estate planning... View More

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