Powder Springs, GA asked in Estate Planning and Probate for Georgia

Q: how do Iegally protect my property and my finances from my daughter and her husband and make my brother my heir

my husband died and I assumed the house went directly to me. but I'm not sure. I want my brother to get the bulk if not all of my estate. my deceased husband and I have 1 living daughter left but her and her husband have been contacting other parties behind my back about purchasing my home, they've been trying to bring doubt to my mental state in order to gain control of my estate through incompetence that is completely false. I am a widow, recent amputee, low income but not old enough to be senile. I need to know should I do poa, medical poa?, will?, trust? I dont know how to make sure they dont manipulate system to their own benefit, I'm afraid of what measures they will go to against my brother after my passing and what they may plot and plan to do while I'm still living...

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3 Lawyer Answers
Nina Whitehurst
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A: First, hire an estate planning attorney. Seriously, if this is that important to you, hire an attorney to make sure it is done right. Hire a specialist, not an attorney who dabbles in estate planning. Most likely the attorney will recommend a trust, a durable financial power of attorney, a medical power of attorney, and other things. Make sure the attorney you hire will also help you transfer your things to your trust, especially your house. Also, he or she should be able to sort out the existing ownership of your house.

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A: I send you my condolences for the passing of your loved-one. For the best answers to your questions you should use the Justia “find a lawyer” tool. Contact an estate planning attorney for a consult. This way you will have the opportunity to discuss all of your concerns and plan your estate for the outcome you want. In Georgia you can appoint a healthcare agent using an Advance Healthcare Directive. Wills and trusts are also tools that can be used in the estate plan your lawyer will help you create. In addition, it is important that each of these documents are properly filed and stowed away for safekeeping.

Request a consult with a probate lawyer to discuss the details of a case against you for competency. However, you should know that the court will appoint a professional evaluator and an attorney to represent you in such cases.

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A: The only way for you to control the disposition of your property at your death is to create a will identifying who you want to get your property. Of course, during life you can give your property away so that you do not own it at your death. You should speak with an estate planning attorney to help you achieve your goals.

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