Trotter Deems & King LLCTrotter Deems & King LLC2026-08-19T12:06:34Zhttps://www.tdklegal.com/feed/atom/WordPress/wp-content/uploads/sites/1504714/2024/01/cropped-fav-32x32.pngOn Behalf of Trotter Deems & King LLC<![CDATA[If the unthinkable happens, who will step in as a parent?]]>https://www.tdklegal.com/?p=2548222026-08-19T12:06:34Z2026-08-19T12:06:34ZWhy casual conversations do not protect your children
You might have already had "the talk" with a loved one. Perhaps you mentioned to your sister over coffee or during a family dinner that she would take the kids if something happened. While these conversations feel reassuring, they carry no legal weight in Georgia courts.
If parents pass away or become unable to care for their children without legal documents, a judge must decide who raises the children. The court does not know about your private, kitchen-table agreements. Instead, a judge evaluates relatives who apply for guardianship. They consider factors like financial stability, the person's relationship with the child and their ability to provide care. Unfortunately, this process takes a long time, costs a lot of money and creates uncertainty during a devastating period for your family.
Common myths that put families at risk
Many parents believe certain myths about guardianship that actually leave their children vulnerable. By recognizing these myths, you can take the right steps to protect your family.
Godparents automatically gain custody: Choosing godparents for a ceremony creates a spiritual relationship, but it does not create a legal one.
A handwritten note is enough: Under Georgia law, informal handwritten notes carry zero legal authority and cannot guarantee that a judge will follow your wishes.
Family members will just work it out: Without clear direction, loving relatives often disagree about what is best for the child. This often leads to painful and expensive court battles.
Only wealthy families need formal plans: Every child deserves the security of knowing their parents made thoughtful arrangements for them.
These assumptions create gaps in protection. However, formal estate planning documents can close those gaps. By using proper legal channels, you remove confusion and spare your family from extra heartache.
How Georgia law handles guardianship
The state allows you to name a guardian and financial conservator through a properly executed will. Under Georgia law, your nomination in a probated will carries immense legal power —a court must appoint your named guardian unless an objecting party proves they are unfit by clear and convincing evidence. This statutory protection ensures your documented wishes provide the highest level of legal certainty possible.
An estate planning professional can help you create documents that courts respect. They ensure your plan meets Georgia’s legal requirements. They also help you choose backup guardians in case your first choice cannot serve. In addition, they align your guardianship choices with the rest of your financial plan.
Taking the next step for your family
Your children depend on the decisions you make today. While informal conversations are a good start, only legal documentation ensures the court hears your voice. Collaborating with a legal counsel can transform your wishes into a solid plan. Do not leave your children’s care to chance. Instead, formalize your guardianship choices now so you can rest easy knowing you have planned for every possibility.]]>On Behalf of Trotter Deems & King LLC<![CDATA[What traits to consider when appointing a personal representative]]>https://www.tdklegal.com/?p=2548072026-07-06T13:39:36Z2026-07-21T13:37:04ZWhat organizational skills should a personal representative have?
Your personal representative must handle many responsibilities. They will locate assets, pay debts, file tax returns and distribute property according to your wishes. Look for someone who can stay organized and manage these duties well.
Choose someone who keeps good records and follows through on commitments. They should be comfortable with deadlines and paperwork. Georgia’s probate process has strict timelines, so strong organization is essential.
Attention to detail is also important when handling financial and legal documents. Even small mistakes can delay the process or create problems. Think about whether this person has shown these skills in work or daily life.
Why does trustworthiness matter in this role?
Your personal representative will have access to your bank accounts, investments and other assets. Choose someone who manages money responsibly and acts with integrity. They should always put your wishes and beneficiaries first.
Think about how this person handles their finances. Do they pay bills on time? Do they make sound financial decisions? Their habits can show whether they are ready for the role.
Honesty matters just as much as financial judgment. Your representative should communicate openly with beneficiaries and follow your instructions. They should also seek professional help when needed.
What legal requirements must a personal representative meet in Georgia?
Georgia law sets basic requirements for personal representatives. In most cases, they must be at least 18 years old and mentally capable of handling legal and financial duties. This applies regardless of their residency or country of citizenship. Before you decide, make sure your chosen representative meets these requirements and can serve. This helps avoid delays in the probate process.
Why does availability matter when choosing a representative?
Serving as a personal representative takes time. The job can last months or even years, depending on the estate. Choose someone who has both the time and willingness to serve.
Think about where this person lives. Someone who lives far away may find it harder to manage the estate. Talk with them before naming them to confirm they are willing.
Choose your personal representative carefully
Choosing the right personal representative can help your estate move through probate more smoothly and ensure your wishes are carried out. Select someone with good judgment, reliability and commitment. After you decide, talk with them to make sure they understand the role and are ready to accept it. Being familiar with what makes an effective personal representative can help you make informed choices regarding your will.]]>On Behalf of Trotter Deems & King LLC<![CDATA[Can your landlord enter your home without notice in Georgia?]]>https://www.tdklegal.com/?p=2548062026-06-23T14:57:21Z2026-06-23T14:57:21ZWhat does Georgia law say about landlord entry?
Georgia law does not clearly set rules for landlord entry. Instead, your lease and general privacy laws guide what landlords can do. While you rent a property, you still have a reasonable expectation of privacy in your home.
Most legal experts say landlords should give notice before entering a rental unit. This is usually 24 to 48 hours. Because Georgia law does not mandate notice requirements, your lease agreement becomes especially important. It may help to review your lease carefully to see what it says about entry procedures and notice requirements.
When can landlords enter without notice?
Landlords may enter immediately during emergencies. These include fires, floods, gas leaks or other urgent dangers. If a pipe bursts or there is a fire alarm going off, waiting for notice would be unreasonable and potentially dangerous. Additionally, landlords may enter without notice if you abandon the property or if illegal activity is clearly happening. However, these situations are exceptions rather than the rule.
What steps can you take?
If your landlord enters without notice and it is not an emergency, document the incident. Record the date, time and details of each entry. Consider sending a written communication to your landlord expressing your concerns about privacy and requesting proper notice for future visits. Email or certified mail can provide you with proof that you addressed the issue.
You might also want to review your lease agreement carefully to understand what you agreed to when you signed it. If the lease includes specific entry provisions, both you and your landlord are generally expected to follow them. Some leases may actually specify notice requirements that give you more protection than state law alone.
Clear communication often solves landlord-tenant disputes early. Talk directly with your landlord and set clear rules for property access. Proposing a reasonable notice period and discussing acceptable reasons for entry could help prevent future conflicts.
Protecting your right to privacy
While Georgia law does not provide detailed landlord entry requirements, you still have the right to privacy in your rental home. If your landlord repeatedly enters without proper notice or violates the terms of your lease agreement, you may have legal options. Documenting these incidents and understanding your lease terms are important first steps in addressing unauthorized entry and protecting your rights as a tenant.]]>On Behalf of Trotter Deems & King LLC<![CDATA[Which assets can be divided in a Georgia divorce?]]>https://www.tdklegal.com/?p=2548042026-05-29T15:15:42Z2026-05-29T15:15:42Zwhich ones are marital property and which are separate property.
What gets divided: Marital property
Marital property covers anything you and your ex-spouse gained, earned or bought during your marriage. Both spouses have legal claims to these assets, regardless of whose name appears on the title.
Examples of marital property include:
Homes purchased after your wedding
Retirement account contributions made during marriage
Joint bank accounts and investment portfolios
Vehicles bought together
Business interests developed during marriage
Georgia courts consider factors such as the length of marriage, each spouse's financial needs and contributions to the relationship when deciding on the division of property. The goal is to divide marital property fairly between parties, which may not always be an equal division. If one spouse has a much higher earning potential after divorce, then the other spouse may receive a larger portion of marital assets. Conversely, if both have similar financial situations and earning capacity, the division will likely be closer to equal.
What stays yours: Separate property
Separate property includes assets you owned before your marriage, as well as certain gifts or inheritances specifically given to you. These items typically remain yours after a divorce.
Common examples include:
A house you bought before getting married
Inheritance money from your parents or grandparents
Gifts from third parties, such as your family or friends, given specifically to you during the marriage
Your pre-marriage retirement account balance
A car you owned before your wedding day
While pure separate property usually stays yours, lines can blur if you mixed assets together during marriage. For example, if you used joint income to pay a pre-marriage mortgage or grow a business, assets become commingled. Portions of that value can become marital property and may be subject to division.
You can take control of your financial future
Divorce can be overwhelming, but you are not without options. Start by making a simple list of everything you owned before getting married, such as your accounts or family heirlooms. Compile any important documents such as deeds, bank statements or anything showing you received gifts or inheritance money. When things get confusing, remember that getting professional legal counsel is not giving up. It is protecting yourself and your family's security.]]>On Behalf of Trotter Deems & King LLC<![CDATA[How physical therapy affects your workers’ compensation claim]]>https://www.tdklegal.com/?p=2547712026-04-29T09:47:36Z2026-04-29T09:47:36ZPhysical therapy’s role in claim approval and documentation
Therapy records help determine whether your Georgia workers’ compensation claim continues. A doctor must link treatment to the work injury for approval. Insurers then review whether care meets a “reasonable and necessary” standard. Therapy notes track pain, movement and limits over time. Clear and consistent notes often support ongoing medical benefits. In contrast, gaps or unclear entries may raise concerns.
Treatment compliance and progress effects on benefits
Your actions during therapy often carry weight in how reviewers assess your condition. Certain patterns tend to draw closer review, including the following:
Missed sessions without a clear reason
Limited effort during prescribed exercises
Reports that show little or no progress
Conflicts between your statements and therapy notes
These patterns may affect how decision-makers view your condition. Doctors often adjust work limits based on therapy results. That adjustment may change your work status and the level of wage benefits.
Inconsistent therapy attendance can affect claim outcomes
Your treatment record often becomes a quiet part of your case. Each session, note and gap adds to how reviewers understand your condition and your effort to recover.
If something feels off during therapy or your progress does not reflect your experience, it helps to raise those concerns early and keep your records accurate. Staying aware of what your provider records and how your care unfolds helps you keep your workers’ comp claim case aligned with what you are actually going through.]]>On Behalf of Trotter Deems & King LLC<![CDATA[What distinguishes wills from trusts in Georgia?]]>https://www.tdklegal.com/?p=2547652026-03-24T15:52:57Z2026-03-24T15:52:57ZWhat is a trust?
A trust is a legal agreement in which a trustee oversees your assets to benefit your beneficiaries, often your minor children. Trusts help protect assets from creditors, reduce taxes, maintain privacy and avoid probate.
Like a will, a trust is part of estate planning, allowing you to specify who gets your assets. To make it work in Georgia, you must fund the trust by transferring property or accounts to the trustee.
To comply with Georgia law, a trust must be in writing and include your intention to create it, a list of property, a named beneficiary, a trustee and the trustee’s duties. This ensures your assets are managed and distributed according to your wishes.
What is a will?
While trusts are one way to plan your estate, a will is another key tool for making sure your family carries out your last wishes. It outlines how to handle your estate and guardianship of minor children should be handled after your passing. Without a will, Georgia courts decide how to distribute your assets. If you have no relatives, spouse or children, your estate may go to the state.
For a will to be valid in Georgia, you must write it out. There are also specific conditions you must meet:
You must be at least 14 years old, of sound mind and sign the document — or have someone sign for you.
You must have two witnesses, who must also be at least 14 and cannot be beneficiaries, who will watch you sign before signing themselves.
It is important to review and update your will periodically, especially after major life events such as marriage, divorce or the birth of a child.
Using wills and trusts together to strengthen your estate planning
Trusts and wills are key tools in estate planning that work together to protect and distribute your assets. Wills allow you to appoint guardians to look after your minor children after you pass away, while trusts let you manage assets even in life. Using both lets you handle your estate smoothly, cover situations that one document alone cannot address and protect your loved ones.
When planning wills and trusts, taking it step by step helps you create a secure future for your family. Every decision provides clarity and peace of mind and helps provide care for your loved ones long after your passing.]]>On Behalf of Trotter Deems & King LLC<![CDATA[3 ways to show your aging parents it may be time for an estate plan]]>https://www.tdklegal.com/?p=2547642026-02-23T14:13:26Z2026-02-23T14:13:26ZBringing up the future and the idea of the unknown with your aging parents can feel like a conversation you would rather avoid. You may worry about causing fear or discomfort, while your parents may hear concern as doubt about their independence. Those reactions are natural, but they often delay meaningful planning. Estate planning is not usually about decline. More often, it is about looking ahead with intention, making clear choices and protecting the people you care about from uncertainty.
Instead of focusing on convincing parents, these conversations often go better when they highlight the practical benefits estate planning can provide during later life. Here are three ways you can show your parents that estate planning is a practical step toward security.
1. Explaining how planning helps preserve control
Independence remains important to many older adults. Estate planning documents, such as a will or power of attorney, allow parents to choose who will handle personal and financial matters if they ever cannot do so themselves. Without these documents, a court may step in and make those decisions instead.When framed this way, estate planning becomes a way to stay in control. Parents are not giving up authority. They are deciding how things should be handled, while they still feel confident making those choices.
2. Preparing for health changes before they occur
Estate planning also addresses situations that may arise while parents are still living. As health needs change, tools like advance directives and health care powers of attorney can outline medical wishes and name trusted decision-makers.These documents help reduce confusion during emergencies. They also limit the pressure to make fast decisions without guidance. For many seniors, that preparation offers reassurance rather than stress.
3. Reducing future stress for family members
Parents often delay estate planning because they do not want to worry their children. In reality, not having a plan can create more strain later. Unclear instructions may lead to delays, disputes or added legal steps during an emotional time.A clear plan provides direction. It allows families to focus on supporting one another instead of sorting through unanswered questions.
A meaningful step toward peace of mind
Estate planning does not need to happen all at once. Even small conversations can lead to meaningful progress over time. Because estate laws vary and every family’s situation is different, speaking with an experienced estate planning attorney can help your parents create a plan that reflects their wishes and follows Georgia law. The right legal guidance for your family can make the process easier and more effective for everyone involved.
]]>On Behalf of Trotter Deems & King LLC<![CDATA[Are part-time or seasonal employees eligible for workers’ comp?]]>https://www.tdklegal.com/?p=2547632026-01-30T12:14:48Z2026-01-30T12:14:48ZMost direct-hire workers are eligible
The specific details of an employee's job do not necessarily determine their eligibility for workers’ compensation benefits. It does not matter whether the company considers the worker full-time or part-time. Both permanent and temporary workers have the same eligibility under state regulations.
The only real detail about a worker’s employment arrangement that affects their eligibility is the size of the company that employs them. Under state rules, any business with three or more employees, even if they are all part-time employees, has an obligation to carry workers’ compensation coverage.
The duration of the worker’s employment and the number of hours they work have no bearing on their overall eligibility or on the workers’ compensation benefits that they could receive. The same benefit guidelines apply on the first day of an employee's new job with a company as after decades of continual employment with the same company.
The employee may be eligible for full medical coverage for necessary treatment costs. They could also receive disability benefits to offset their lost wages. Disability benefits vary depending on the wages of the worker, the extent of their medical limitations and the duration of their medical condition.
Workers concerned that their employers might challenge their claims and those uncertain of how to comply with state law when seeking workers' compensation benefits may require guidance. Hiring a workers' compensation attorney can make it easier for employees to understand their legal protections and to focus on their recovery, rather than on paperwork.]]>On Behalf of Trotter Deems & King LLC<![CDATA[What should you know about the marital home in a Georgia divorce?]]>https://www.tdklegal.com/?p=2547512026-01-15T17:20:26Z2025-12-30T12:09:30ZThe marital home is often that asset that has the biggest financial value, as well as the largest emotional tie. Determining what to do with this major asset can be challenging, so it’s critical that you know what options you have.
In Georgia, property division is handled via equitable distribution. This means that it’s based on what’s considered fair instead of what’s equal. Because of this, there is some leeway about how the marital home is handled.
Selling the marital home
One option that’s possible is selling the marital home. This is a chance for both parties to walk away with a clean slate. The home must be appraised so that a fair sale price can be established. Both parties will have to agree on the sale price and terms. If the sale price after fees are taken out is more than what remains on the mortgage, the remainder of the money can be used to pay off other debts. Alternatively, you and your ex could split those funds. The downside of this option is that it may take time to sell the home. During this time, expenses related to the home, such as insurance, utilities, upkeep, taxes and mortgage payments will have to be covered.
Buying out the equity
Another option is for one party to buy out the equity in the home. This would allow that party to own the home, but they may need to obtain a new mortgage in their name only. Having a proper appraisal so the equity amount can be determined is critical. In some cases, this is the preferred option if there are children involved because it would enable the children to remain in the home. The marital home is only one of the assets that has to be handled during the property division process. You have to consider the others and look into how debts will be divided. It may be beneficial for you to work with someone who can walk you through the options so you can decide how to proceed. ]]>On Behalf of Trotter Deems & King LLC<![CDATA[3 obligations that can cost estates thousands of dollars]]>https://www.tdklegal.com/?p=2547502025-11-24T00:11:50Z2025-11-24T00:11:50Z1. Probate costs
Every hearing in probate court and consultation with an attorney may generate expenses. The estate itself is generally responsible for those costs.
The personal representative administering an estate can use estate resources to cover probate costs, including the legal representation they require. Having enough resources to cover probate costs should be a priority -- particularly in scenarios where there are disputes about the estate or when intensive court oversight is necessary.
2. Taxes owed by the decedent or the estate
The personal representative usually needs to file an income tax return on behalf of the deceased. They may also need to file a return on behalf of the estate itself. If estate administration results in the sale of estate resources, an estate income tax return may be necessary.
If the estate is particularly large, then estate taxes may be due as well. Estate taxes apply to estates that are worth at least $13.99 million or more in 2025. While the state does not impose an estate tax, the federal government can collect taxes from particularly large estates.
3. Outstanding debts
Any personal debts owed by the decedent generally become the responsibility of their estate. Credit card balances, loans and other financial obligations may require repayment during the probate process. The personal representative of an estate generally needs to communicate with creditors by sending letters and publishing notice to provide them with an opportunity to make repayment claims.
Personal representatives who make costly mistakes may sometimes face financial responsibility. Having experienced legal guidance makes it easier for personal representatives to identify and address financial obligations during estate administration.]]>