Elder Law, Probate, Transfer on Death Deeds & Estate Planning

Deborah welcomes elder law attorney Josh Nelson to cover the legal side of real estate that trips up families most. They discuss wills vs. trusts, Georgia's new transfer on death deed, joint tenancy pitfalls, and why estate planning matters before selling. Callers bring real scenarios from investor offers to VA benefits and fraudulent guardianships.Timestamps00:34 Show open and guest introduction02:35 What is elder care law and when do you need an attorney?04:53 Probate explained: Georgia does not auto-transfer property to a spouse09:12 Risks of adding children to a deed and accidental disinheritance12:08 Jean on Georgia's new transfer on death deed17:21 Transfer on death deed vs. trust: cost and the nine-month filing rule20:22 Gary on selling to an investor vs. using a realtor24:40 Grace on vetting and trusting an attorney26:27 Ray on VA aid and attendance benefits for surviving spouses28:13 Becky on fraudulent guardianships targeting seniorsTop TakeawaysIn Georgia, a surviving spouse does not automatically inherit everything. A will or trust is required.Georgia's transfer on death deed costs less than half a trust but requires filing with the county clerk within nine months of death.Adding a child to your deed can accidentally disinherit other heirs and create tax complications.Commissions are 100% negotiable. Always compare net proceeds across investor, realtor, and private sale options.VA Improved Pension (aid and attendance) can pay up to $2,800/month for veterans and $2,000 for surviving spouses.Review your estate plan after major life changes: moves, diagnoses, marriages, or retirement.Fraudulent guardianships are a real threat. Open all legal mail and verify with your county probate court.Caller Q&AJean, Woodstock: Asked about the transfer on death deed vs. a trust. Josh confirmed it is cheaper and preserves the step-up in basis, but the heir must file with the county within nine months.Gary, Cartersville: Considering selling to an investor. Deborah advised comparing net proceeds across all options and noted commissions are fully negotiable.Grace, Tucker: Asked how to find a trustworthy attorney. Josh recommended checking for a real office, a team, longevity, and reviews.Ray, Buford: Shared experience with VA aid and attendance. Josh confirmed it pays up to $2,800/month for eligible veterans or surviving spouses.Becky, Atlanta: Warned about fraudulent guardianships. Josh urged listeners to open all legal mail and verify notices with county probate court.Action Steps For OwnersConfirm your deed type and ensure rights of survivorship language is correct.Review your will or trust with an elder law attorney after any major life change.Do not add children to your deed without legal counsel to avoid accidental disinheritance.For BuyersIf purchasing from an estate, verify probate or title transfer is complete before closing.Veterans and surviving spouses should explore VA aid and attendance before tapping home equity.