What is probate, and why doesn’t a will keep us from having to go through probate?

Most folks think, “If I have a will, everything’s covered.” The reality is, having a will usually means you’re headed straight for probate—a legal process that can delay access to funds, add stress when your family is grieving, and complicate matters just when you thought you’d planned ahead.

In this episode, I’ll walk you through Jennifer’s story—a real-life example of how even the best-laid plans can leave your family in limbo if you don’t understand the pitfalls of probate. If your goal is to give your loved ones less paperwork and more peace of mind, you’ll get the tools and clarity you need here.

By the end of this episode, you’ll know exactly why your will doesn’t work like your power of attorney, the steps your family has to take in probate in Georgia, and what you can do to make things easier for everyone after you’re gone.

I’ll break down the difference between heirs and beneficiaries, what “Letters Testamentary” actually means, and some hidden twists in the law that catch many families off guard. You’ll walk away with not just an understanding of probate, but real options for making sure your family can focus on healing, not on jumping through hoops at the courthouse.

Chapter Highlights

(00:00) What Happens When Power of Attorney Stops Working After Death? (01:26) Why Your Will Can’t Unlock Bank Accounts Without Probate (04:23) What Are “Letters Testamentary” and Why Do You Need Them? (05:26) Who Gets Notified: Understanding Heirs vs. Beneficiaries (06:39) What If There’s No Will? Intestate Succession Explained (08:05) The Georgia Rule: Who Inherits When There’s a Spouse and Kids? (11:23) Why Beneficiary Designations Aren’t Always Enough (12:31) How Wills with Trusts Protect Minor Children (13:31) Announcing the Estate—What to Do About Creditors (15:36) Is there a way to avoid the Probate process? (16:57) What “Probating a Will” Actually Means—And Why It Matters (18:30) How to Get More Help and Plan Ahead for Your Family

Reserve Your Spot at Our Next Estate Planning Law Group of Georgia Workshop

https://letstalkestateplanning.com/estate-planning-workshops/

Visit our website to learn more

https://letstalkestateplanning.com/

Call Us

(770) 822-2723

Watch the Podcast on YouTube

https://www.youtube.com/@estateplanninglawgroupofge137

Meet Jim Miskell

Jim Miskell is the principal attorney and founder of the Estate Planning Law Group of Georgia, James M. Miskell, PC, and practices exclusively in the areas of Elder Law, Estate Planning, and Probate. Jim began his law career more than 30 years ago as an Assistant District Attorney, specializing in prosecuting crimes against children and special victims.

For the past decade, Jim has been in private practice as The Estate Planning Law Group of Georgia, James M. Miskell, P.C. and now specializes in wills, trusts, estate planning, and elder law, helping families plan for all stages of their lives.

No two families are the same and no two estate plans are the same.  Jim believes that estate planning is most effective when you understand all of your options before making any major decisions. To that end, the Estate Planning Law Group of Georgia, James M. Miskell, PC, offers free educational workshops so that clients discover potential issues and options for their families. Then, in consultation, families can make informed decisions in planning for the future.

Disclaimer:

The information provided in this podcast is for general informational and educational purposes only. It is not legal advice. If you need advice about your specific situation, please consult a qualified attorney licensed to practice in your state and experienced in the relevant area of law.

What if the only reason your family drama winds up on the nightly news is because you forgot one document?

I see it every day; well-meaning people avoid the hard talks and the paperwork, but when a crisis strikes, suddenly everyone has an opinion about what you want, and your family is tangled up in heartbreaking decisions, debating what you actually want.

Today, we’re zeroing in on the power of the healthcare directive. I’ll walk you through real-life stories (the famous and the heartbreaking) where a simple document made all the difference—or where not having one turned a private family struggle into a nationwide headline. By the end of this episode, you’ll understand exactly what a healthcare directive is, why you should drop the excuses and put one in place, and how it spares your family from arguments, guilt, or endless uncertainty when it matters most.

You’ll walk away with the clarity—and the motivation—to finally have “that conversation” and take control of your story.

CHAPTER HIGHLIGHTS

(00:00) Why not having a health care directive can make you “famous” for the wrong reasons (01:19) How a simple document keeps your family at the bedside, not stuck at the courthouse (02:22) The Terri Schiavo case: What went wrong, and why everyone remembers her name (04:46) How a healthcare directive diffused family conflict in Georgia (07:34) Why kids fight about end-of-life decisions (and how to prevent it) (08:51) Healthcare directive, healthcare proxy, living will: What’s the difference? (09:51) Who should you trust as your healthcare agent? (12:00) How “living will” instructions protect your wishes—formally and compassionately (13:00) Don’t forget the HIPAA waiver—why it matters for medical info

Reserve Your Spot at Our Next Estate Planning Law Group of Georgia Workshop

https://letstalkestateplanning.com/estate-planning-workshops/

Visit our website to learn more

https://letstalkestateplanning.com/

Call Us

(770) 822-2723

Watch the Podcast on YouTube

https://www.youtube.com/@estateplanninglawgroupofge137

Meet Jim Miskell

Jim Miskell is the principal attorney and founder of the Estate Planning Law Group of Georgia, James M. Miskell, PC, and practices exclusively in the areas of Elder Law, Estate Planning, and Probate. Jim began his law career more than 30 years ago as an Assistant District Attorney, specializing in prosecuting crimes against children and special victims.

For the past decade, Jim has been in private practice as The Estate Planning Law Group of Georgia, James M. Miskell, P.C. and now specializes in wills, trusts, estate planning, and elder law, helping families plan for all stages of their lives.

No two families are the same and no two estate plans are the same.  Jim believes that estate planning is most effective when you understand all of your options before making any major decisions. To that end, the Estate Planning Law Group of Georgia, James M. Miskell, PC, offers free educational workshops so that clients discover potential issues and options for their families. Then, in consultation, families can make informed decisions in planning for the future.

Disclaimer

The information provided in this podcast is for general informational and educational purposes only. It is not legal advice. If you need advice about your specific situation, please consult a qualified attorney licensed to practice in your state and experienced in the relevant area of law.

As our children grow and begin to navigate the world on their own, there are numerous milestones they reach that signify their growth and independence. One such major milestone is turning 18, the legal age of adulthood in many places.  While this is often celebrated as a time of newfound freedom and responsibility, it also comes with legal implications that parents might not be fully prepared for.

You're no longer your child's parent in the sense that once they turn 18, they're adults. What does that mean?

In this episode, we'll explore why it's crucial for parents to have comprehensive plans in place as their children turn 18, focusing primarily on power of attorney and healthcare directives.

Estate planning isn't only about preparing for the end of life; it’s about ensuring that all family members are protected and supported throughout different life stages. For many parents, the importance of planning for their child's transition to adulthood may come as a surprise. Yet, it’s a fundamental part of family law and provides a critical support system for young adults as they adjust to their new responsibilities.

Key Takeaways

(00:00) Understanding the Legal Implications When a Child Turns 18

(03:01) What Legal Documents Do You Need in Place for Your Young Adult

(04:22) Why Your 18-Year-Old Needs a Living Will and Health Care Authorizations

(06:41) Education Rights and Access for Parents

(07:44) Estate Planning is Family Law

Reserve Your Spot at Our Next Estate Planning Law Group of Georgia Workshop

https://letstalkestateplanning.com/estate-planning-workshops/

Visit our website to learn more

https://letstalkestateplanning.com/

Call Us

(770) 822-2723

Watch the Podcast on YouTube

https://www.youtube.com/@estateplanninglawgroupofge137

Meet Jim Miskell

Jim Miskell is the principal attorney and founder of the Estate Planning Law Group of Georgia, James M. Miskell, PC, and practices exclusively in the areas of Elder Law, Estate Planning, and Probate. Jim began his law career more than 30 years ago as an Assistant District Attorney, specializing in prosecuting crimes against children and special victims.

For the past decade, Jim has been in private practice as The Estate Planning Law Group of Georgia, James M. Miskell, P.C. and now specializes in wills, trusts, estate planning, and elder law, helping families plan for all stages of their lives.

No two families are the same and no two estate plans are the same.  Jim believes that estate planning is most effective when you understand all of your options before making any major decisions. To that end, the Estate Planning Law Group of Georgia, James M. Miskell, PC, offers free educational workshops so that clients discover potential issues and options for their families. Then, in consultation, families can make informed decisions in planning for the future.

Disclaimer:

The information provided in this podcast is for general informational and educational purposes only. It is not legal advice. If you need advice about your specific situation, please consult a qualified attorney licensed to practice in your state and experienced in the relevant area of law.

Did you know that once your child turns 18, you can no longer make medical or financial decisions for them—even if you’re still footing the bill for college? Most folks think estate planning is just for the wealthy, but the truth is: Every legal adult needs these four documents in place before they go to college. If you want to make sure you and your family are protected during a crisis, this episode is your roadmap.

When an accident or illness strikes, the last thing you want is to be sidelined by paperwork or left out of crucial decisions for your young adult. Good planning isn’t just about the distant future or big inheritances. It’s how you keep your family from scrambling in a crisis, make sure your child’s wishes are honored, and give everyone a little peace of mind. By the end of this episode, you’ll know the four simple documents every college-bound young adult should have, and why they matter so much right now, not later.

I walk you through the Advance Directive for Healthcare, Financial Power of Attorney, FERPA Authorization, and a Basic Will, minus the legal jargon, just what you need to know to protect your loved ones.

You'll learn why putting this paperwork in place now saves headaches later, ensures your young adult’s wishes are respected, and keeps family money and information where it belongs: with your family. By the end of this episode, you’ll see that estate planning isn’t just about having “stuff”—it’s about safeguarding your independence and your family’s wellbeing through life’s curveballs.

Chapter Highlights

(00:00) Why every adult over 18 needs legal documents

(01:22) Why does my college kid need an Advance Directive for Healthcare

(02:09) Why does my 18-year old need a Financial Power of Attorney

(02:36) Why parents want a FERPA authorization

(03:07) Why young adults should have a will, even if they “own nothing.”

Reserve Your Spot at Our Next Estate Planning Law Group of Georgia Workshop

https://letstalkestateplanning.com/estate-planning-workshops/

Visit our website to learn more

https://letstalkestateplanning.com/

Call Us

(770) 822-2723

Watch the Podcast on YouTube

https://www.youtube.com/@estateplanninglawgroupofge137

Meet Jim Miskell

Jim Miskell is the principal attorney and founder of the Estate Planning Law Group of Georgia, James M. Miskell, PC, and practices exclusively in the areas of Elder Law, Estate Planning, and Probate. Jim began his law career more than 30 years ago as an Assistant District Attorney, specializing in prosecuting crimes against children and special victims.

For the past decade, Jim has been in private practice as The Estate Planning Law Group of Georgia, James M. Miskell, P.C. and now specializes in wills, trusts, estate planning, and elder law, helping families plan for all stages of their lives.

No two families are the same and no two estate plans are the same.  Jim believes that estate planning is most effective when you understand all of your options before making any major decisions. To that end, the Estate Planning Law Group of Georgia, James M. Miskell, PC, offers free educational workshops so that clients discover potential issues and options for their families. Then, in consultation, families can make informed decisions in planning for the future.

Disclaimer:

The information provided in this podcast is for general informational and educational purposes only. It is not legal advice. If you need advice about your specific situation, please consult a qualified attorney licensed to practice in your state and experienced in the relevant area of law.

Have you ever wondered if you’ve really got your estate planning right, or if your family could be left scrambling when crisis strikes? True peace of mind comes when you get these five critical elements of estate planning right, but most folks don’t even know what they are.

If you want to be sure your loved ones aren’t tied up in court, wrangling with banks, or stuck making tough choices on their own, this episode is for you.

Estate planning isn’t just paperwork. It’s your chance to make life much easier for your family when you’re not able to manage things yourself. In this episode, I’m breaking down the Five Rights of Estate Planning—the key decisions that, when done correctly, protect your family’s future and give you confidence that your wishes will be honored, no matter what life throws your way.

By the end of this episode, you’ll have a plan to make sure your estate plan isn’t just a stack of documents, but a real working system that keeps your family out of crisis and away from unnecessary costs and courtrooms. You’ll see what it means to choose the right people, give them authority at the right time, and leave them a clear roadmap so they can focus on being a family instead of fighting red tape, or each other.

Episode Chapters & Highlights

(00:00) Introduction to the 5 Rights in Estate Planning

(01:24) Who Should Manage My Estate?

(02:49) What’s the difference between a Power of Attorney and a Health Care Agent?

(05:34) What is a Springing Power of Attorney and how does it work?

(10:13) Giving Clear Instructions—Making Sure Your Wishes Are Followed

(13:10) How does your estate get divided up in Georgia if you don’t have a will?

(14:12) What other professionals should be part of your estate planning team?

(16:48) How Your Family Benefits from Solid Planning During a Crisis

Reserve Your Spot at Our Next Estate Planning Law Group of Georgia Workshop

https://letstalkestateplanning.com/estate-planning-workshops/

Visit our website to learn more

https://letstalkestateplanning.com/

Call Us

(770) 822-2723

Watch the Podcast on YouTube

https://www.youtube.com/@estateplanninglawgroupofge137

Meet Jim Miskell

Jim Miskell is the principal attorney and founder of the Estate Planning Law Group of Georgia, James M. Miskell, PC, and practices exclusively in the areas of Elder Law, Estate Planning, and Probate. Jim began his law career more than 30 years ago as an Assistant District Attorney, specializing in prosecuting crimes against children and special victims.

For the past decade, Jim has been in private practice as The Estate Planning Law Group of Georgia, James M. Miskell, P.C. and now specializes in wills, trusts, estate planning, and elder law, helping families plan for all stages of their lives.

No two families are the same and no two estate plans are the same.  Jim believes that estate planning is most effective when you understand all of your options before making any major decisions. To that end, the Estate Planning Law Group of Georgia, James M. Miskell, PC, offers free educational workshops so that clients discover potential issues and options for their families. Then, in consultation, families can make informed decisions in planning for the future.

Disclaimer:

The information provided in this podcast is for general informational and educational purposes only. It is not legal advice. If you need advice about your specific situation, please consult a qualified attorney licensed to practice in your state and experienced in the relevant area of law.

Will your estate plan work for you when you need it, while you’re still here? There’s more to estate planning than wills and trusts.

Jim Miskell, attorney and founder of The Estate Planning Law Group of Georgia, walks you through the phase of estate planning that happens between signing your documents and the end of life. You've got your plan in place, and it feels like a safety net, ensuring things go your way. But let’s be honest, none of us want to face the possibility of losing independence before our time.

We all dream of staying lucid and in control until the very end. However, life takes unexpected turns. In the event of an illness or an injury, you might find decisions you've left unmade being handled by someone else. Do you have a plan in place to navigate those unexpected turns?

By crafting a hybrid plan, you retain control, with trusted helpers stepping in only when necessary. Think of it as having a co-pilot ready to take the wheel when the journey demands it. But beware, neglecting to consult an attorney might lead to missteps, like the warm, fuzzy thought of a springing power of attorney that leaves your loved ones in a financial bind, unable to access funds when they're critical.

This episode is your guide to navigating these waters, ensuring you have the right people in place, armed with the authority they need when it counts. I'm here, ready to guide you in creating a plan that empowers your family, ensuring your life’s choices remain yours, even when you're no longer at the helm.

Let's craft a legacy that speaks of thoughtful preparation and enduring independence.

Chapters

(00:00) What is a hybrid estate plan and why do I need it?

(02:34) How estate planning can ensure personal decision-making

(06:30) Extending independence through powers of attorney without losing control

(12:40) How to ensure chosen individuals have the authority to act when needed

(15:47) Why estate planning is about much more than “who gets your stuff when you die”

Reserve Your Spot at Our Next Estate Planning Law Group of Georgia Workshop

https://letstalkestateplanning.com/estate-planning-workshops/

Visit our website to learn more

https://letstalkestateplanning.com/

Call Us

(770) 822-2723

Watch the Podcast on YouTube

https://www.youtube.com/@estateplanninglawgroupofge137

Meet Jim Miskell

Jim Miskell is the principal attorney and founder of the Estate Planning Law Group of Georgia, James M. Miskell, PC, and practices exclusively in the areas of Elder Law, Estate Planning, and Probate. Jim began his law career more than 30 years ago as an Assistant District Attorney, specializing in prosecuting crimes against children and special victims.

For the past decade, Jim has been in private practice as The Estate Planning Law Group of Georgia, James M. Miskell, P.C. and now specializes in wills, trusts, estate planning, and elder law, helping families plan for all stages of their lives.

No two families are the same and no two estate plans are the same.  Jim believes that estate planning is most effective when you understand all of your options before making any major decisions. To that end, the Estate Planning Law Group of Georgia, James M. Miskell, PC, offers free educational workshops so that clients discover potential issues and options for their families. Then, in consultation, families can make informed decisions in planning for the future.

Disclaimer:

The information provided in this podcast is for general informational and educational purposes only. It is not legal advice. If you need advice about your specific situation, please consult a qualified attorney licensed to practice in your state and experienced in the relevant area of law.

What if your estate plan is missing the most important steps before you’re even gone?

Most folks only think about who gets their stuff AFTER they die—but forget that there’s a whole phase of planning that protects you and your family while you’re still living.

In this episode of Let’s Talk Estate Planning, I’m breaking down the “Three-Legged Stool”  to keep your wishes—and your family—secure, both now and down the road. If you’ve been overwhelmed, stuck, or too busy to tackle estate planning, this episode is your quick-start guide to making sure you’ve got the rock-solid basics in place. Because smart planning isn’t just about assets, it’s about protecting your independence, your family, and your peace of mind.

Here’s what changes after you listen: You’ll know exactly what documents you need, why they matter, and how to prevent your loved ones from being caught off guard by life, illness, or court delays. I’ll share real-world stories of what goes right (and what can go very, very wrong) if you skip a leg of the estate planning stool. By the end of the episode, you’ll finally have a simple action plan to save your family from administrative headaches and help them focus on what truly matters when the time comes and it really counts.

This isn’t a boring legal lecture to pressure you into getting your estate planning done.  It’s about creating a clear and family-focused plan that works for real people, even if talking about it feels hard.

If you want your loved ones to spend less time in court and more time together when it matters most, this episode is where to start. Let’s get your plan working for you, so decisions are yours, not someone else’s. 

Let’s talk estate planning.

Chapter Highlights:

(00:00) Why Estate Planning Isn’t Just About “Who Gets What” After You’re Gone

(02:07) The Overlooked Phases of Estate Planning: Protecting Yourself While You’re Alive

(03:44) What Are the Three Must-Have Documents Everyone Needs?

(08:10) Healthcare Directives: Who Speaks For You If You Can’t?

(11:40) The Living Will: Remove Guesswork and Emotional Burden for Your Family

(15:50) The Will and the Truth About Probate: Why Your Executor Might Be Powerless

(20:58) Living Trusts vs. Wills: How to Avoid Delays, Family Drama, and Havoc

(25:12) Real-Life Story: DIY Planning Mistakes and What Happens When You Miss a Step

(32:36) Recap: The Three Essential Legs to a Successful Estate Planning Stool

Reserve Your Spot at Our Next Estate Planning Law Group of Georgia Workshop

https://letstalkestateplanning.com/estate-planning-workshops/

Visit our website to learn more

https://letstalkestateplanning.com/

Call Us

(770) 822-2723

Watch the Podcast on YouTube

https://www.youtube.com/@estateplanninglawgroupofge137

Meet Jim Miskell

Jim Miskell is the principal attorney and founder of the Estate Planning Law Group of Georgia, James M. Miskell, PC, and practices exclusively in the areas of Elder Law, Estate Planning, and Probate. Jim began his law career more than 30 years ago as an Assistant District Attorney, specializing in prosecuting crimes against children and special victims.

For the past decade, Jim has been in private practice as The Estate Planning Law Group of Georgia, James M. Miskell, P.C. and now specializes in wills, trusts, estate planning, and elder law, helping families plan for all stages of their lives.

No two families are the same and no two estate plans are the same.  Jim believes that estate planning is most effective when you understand all of your options before making any major decisions. To that end, the Estate Planning Law Group of Georgia, James M. Miskell, PC, offers free educational workshops so that clients discover potential issues and options for their families. Then, in consultation, families can make informed decisions in planning for the future.

Disclaimer:

The information provided in this podcast is for general informational and educational purposes only. It is not legal advice. If you need advice about your specific situation, please consult a qualified attorney licensed to practice in your state and experienced in the relevant area of law.

You’ve got a will—so, you’re set, right? No probate, no courtroom headaches, just smooth sailing for your family… Not so fast. I hear this myth all the time: “A will keeps me out of probate.” The truth? Having a will guarantees your estate is headed for probate. Let’s talk about why this simple misunderstanding could cost your family serious time, money, and stress.

Here’s one detail too many people miss until it’s too late: how your assets will be handled when you’re gone (or suddenly unable to manage things). What you don’t know can hurt your family. By listening to this episode, you’ll discover how estate planning isn’t just a legal procedure; it’s a safeguard to keep your loved ones out of courtroom chaos, unnecessary legal fees, and family disputes that can derail everything you’ve built.

I’ll walk you through the biggest misconceptions about wills and probate, tell you why Georgia’s inheritance law isn’t what most people think, and reveal what happens if you just “let the law handle it.” Learn how putting the right plan in place means less confusion, less cost, and more peace of mind for you and your family.

This episode isn’t a bunch of legal jargon and scare tactics. It’s practical, straightforward steps to protect what matters most. Get the right information so you—and those who depend on you—aren’t left surprised when it counts.

Chapters

(00:00) Wills and the Probate Myth: Why Your Will Doesn’t Keep You Out of Court

(01:29) Why Estate Planning Really Matters for Families

(03:29) How Probate Works and Who Gets Involved When a Will is Contested

(04:03) What Georgia Law Really Says About Inheritance (And Why Most People Are Wrong)

(04:40) How Minor Children and Spouses Can Create Unexpected Legal Problems

(05:36) Why Waiting Costs More: Real Numbers, Real Hassle, More Legal Fees

(06:41) Blended Families, Stepchildren, and Copies of Your Will—Who Really Gets a Say?

(07:19) Why Your Executor Can’t Use Your Power of Attorney After Death

(07:58) The Bottom Line: What You Need to Do Now for Your Family’s Future

Ready to make sure your family is protected? Hit play and walk away with peace of mind—not more confusion.

Reserve Your Spot at Our Next Estate Planning Law Group of Georgia Workshop

https://letstalkestateplanning.com/estate-planning-workshops/

Visit our website to learn more

https://letstalkestateplanning.com/

Call Us

(770) 822-2723

Watch the Podcast on YouTube

https://www.youtube.com/@estateplanninglawgroupofge137

Meet Jim Miskell

Jim Miskell is the principal attorney and founder of the Estate Planning Law Group of Georgia, James M. Miskell, PC, and practices exclusively in the areas of Elder Law, Estate Planning, and Probate. Jim began his law career more than 30 years ago as an Assistant District Attorney, specializing in prosecuting crimes against children and special victims.

For the past decade, Jim has been in private practice as The Estate Planning Law Group of Georgia, James M. Miskell, P.C. and now specializes in wills, trusts, estate planning, and elder law, helping families plan for all stages of their lives.

No two families are the same and no two estate plans are the same.  Jim believes that estate planning is most effective when you understand all of your options before making any major decisions. To that end, the Estate Planning Law Group of Georgia, James M. Miskell, PC, offers free educational workshops so that clients discover potential issues and options for their families. Then, in consultation, families can make informed decisions in planning for the future.

Disclaimer:

The information provided in this podcast is for general informational and educational purposes only. It is not legal advice. If you need advice about your specific situation, please consult a qualified attorney licensed to practice in your state and experienced in the relevant area of law.

Welcome to Let’s Talk Estate Planning! I'm Jim Miskell. With over 30 years of experience in law, I've spent the last decade focused exclusively on estate planning. I know that estate planning can seem overwhelming and dry, which is why my mission is to simplify it for you, breaking it down into manageable pieces.

This podcast, featuring stories, examples, and insights, is crafted so you, our listener, can confidently navigate the complexities of estate planning and protect your loved ones when it matters most.

Listen in on Apple Podcasts, Spotify, or watch on YouTube, and take the first step to securing peace of mind for you and your loved ones.

Reserve Your Spot at Our Next Estate Planning Workshop

https://letstalkestateplanning.com/estate-planning-workshops/

Visit our website to learn more

https://letstalkestateplanning.com/

Call Us

(770) 822-2723

Watch the Podcast on YouTube

https://www.youtube.com/@estateplanninglawgroupofge137