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Canton, Georgia Legal Blog

How do guardianships and conservatorships differ?

During the estate planning process, you may encounter information about guardianships and conservatorships. Although the two terms sometimes seem to be used interchangeably, they actually refer to two different situations. Understanding the difference between guardianships and conservatorships can affect how you plan for the care of your minor children, how you plan to meet the needs of an aging parent and how you plan for your own care as you age.

Guardianship

Issues around grey divorce

Divorce can happen to anyone at any point in life, though recent statistics reveal certain trends. One study says that during the 1990s 10 percent of divorced people were over the age of 50. Newer research says that 25 percent of people going though a divorce are in that same age range, and statistics seem to indicate that percentage will only increase. This is commonly known as "grey divorce." There are certain consequences that can result from this type of divorce that Georgia residents may find informative.

Though most divorces involve splitting assets, the divorces of people who have been married longer present additional challenges because the couple has potentially acquired more wealth. Courts will examine the length of the marriage and exactly what property was accumulated during the marriage. Social Security benefits present an additional challenge when deciding who gets what. If two people who are eligible to receive Social Security because of their age decide to divorce, these payments much be taken into consideration when creating a divorce agreement.

Noncompete agreement: Former pro-soccer team owner sues employee

Owning and running a business in Georgia takes dedication. The varied responsibilities and demands of business operation require not only someone who has a wide skill set, but they generally need other people who can take on part of the work. Most employers hope that their employees will show a sense of loyalty by fulfilling their job description, speaking well of the company and by not sharing any business secrets. However, employees are human and sometimes do not honor these agreements, which can be particularly detrimental in the case of company proprietary information. The former owner of a professional soccer team who owns several other businesses is now facing this exact problem as he is suing a former employee and friend for violating their noncompete agreement.

The businessman alleges that his former employee gave information to a competitor. The employee used to work for three of the businessman's companies over a period of almost nine years. The employee resigned earlier this year, which was when the businessman says he found out about the alleged theft of information. Those three companies have now filed a lawsuit against the ex-employee

Charitable giving can be beneficial part of estate planning

There are a myriad of options for creating a comprehensive estate plan. Many people have the desire to gift part or all of their estate to a charity when they pass away. It is a selfless choice and can make a huge impact to the organization that receives it. Many families here in Georgia likely have questions about exactly how a charitable donation fits into estate planning. Experts have a few recommendations.

One of the simplest options available is to list the donation as a provision of a will. Some donors worry that the estate tax rate could mean that beneficiaries won't receive as much of an inheritance as the donor wishes. Making a contribution to a chosen charity can lower the donor's tax liability.

What will happen to my horses after I die?

After your family and friends, your horses are what you care about the most. The gentle, beautiful creatures that you own mean the world to you, and you want them to have the best lives possible.

However, the future is unpredictable. No one expects that one day they could become ill or experience an accident. But in case this does happen to you, it is crucial to address the care of your horses in your estate plan.

Potential breach of contract in sale of horse to slaughterhouse

Animal owners generally want whatever is best for their faithful companions. Sometimes that might even mean giving an animal away to an organization or person that can better care for the animal. Unfortunately for one Georgia woman, her story of giving her beloved horse to someone she thought would care for him may not have a happy ending. A veterinary student is now facing charges after being accused of selling rescue horses to a slaughterhouse. A potential breach of contract may also lead to a civil claim against her.

The woman who originally owned the horse sought to re-home him when she realized she would no longer be able to financially provide for the aging animal. When she posted an ad on Craigslist looking for a "retirement home" for her horse, she got a quick response from a student studying veterinary medicine at an out-of-state university. The student said she had a farm and another horse who would benefit from having a companion. The student traveled to Georgia and wanted to take the horse with her that same day. The woman, who had a degree in Equestrian Studies, drew up a quick contract stating that if the student could no longer care for the horse, the animal would be returned.

New year sees a rise in divorce rates

The end of the winter holidays often means a return to routine for many families here in Georgia. For some, it can also mean big changes, including divorce. Experts say that they often see a rise in divorce rates at the start of each year and there are several reasons why.

One expert says that divorces are often catalyzed by an affair, issues with money or sometimes both of those things. The holidays are typically a time that people spend with their families, and can be stressful, but people will often "tough it out" through what is normally a happy time of year. If there are children involved, particularly young ones, it may cause parents to hesitate in filing for divorce, in the hopes of not upsetting anyone. If money problems or an affair is a factor, it might exacerbate any additional stress present in a family thanks to the busy time of year.

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