Morgan & DiSalvo, P.C.

05/27/2026

Can adult children legally stop a stepmother from taking things that belonged to their deceased mom and dad?

It is a difficult, emotional question, and the legal answer may not be what many families expect.

In this Q&A with Loraine, Morgan & DiSalvo Partner Loraine DiSalvo explains how Georgia law may treat a surviving spouse, what happens when assets pass outright between spouses, and why blended family estate planning can become complicated fast.

Before assuming “that should stay with the kids,” it is important to understand what the law may actually allow.

Read the full answer here:
https://morgandisalvo.com/qa-with-loraine-can-i-legally-stop-my-stepmother-from-taking-things-that-belonged-to-my-deceased-mom-and-dad/

A surviving spouse may be entitled to assets that belonged to a former spouse.

05/20/2026

Can a surviving spouse still file for a year’s support after a petition for estate administration has already been filed in Georgia? The answer may surprise you.

In this Q&A with Loraine DiSalvo, she explains why timing matters in probate court, what surviving spouses should know about Georgia year’s support claims, and why it’s important not to wait when inheritance and home rights are at stake.

Read the full blog here:
https://morgandisalvo.com/can-i-file-for-a-years-support-after-a-petition-for-letters-of-administration-has-been-filed/

A surviving spouse may still file a year’s support claim after another person has petitioned to be the estate administrator.

04/23/2026

When a spouse passes away, questions about property ownership and probate can quickly become overwhelming, especially in blended family situations.

In this Q&A, Loraine DiSalvo explains what options a surviving spouse has when stepchildren won’t cooperate with transferring a home, and why the mortgage company can’t resolve the issue.

From reviewing the deed to understanding probate pathways like Year’s Support, this is a situation many families don’t expect but need to be prepared for.

🔗 Read the full answer: https://morgandisalvo.com/qa-with-loraine-my-husband-died-and-his-sons-wont-sign-to-put-the-house-in-my-name-can-i-do-it-through-the-mortgage-company/

How a house passes to a surviving spouse depends on how the deed is worded and how the deceased person’s estate planning documents are written.

04/14/2026

Planning for the unexpected isn’t always easy, but it’s one of the most important steps you can take for the people you love.

In this month’s featured article, Allison L. Byrd of Morgan & DiSalvo, P.C. breaks down how an Advance Directive for Health Care works in Georgia and why it matters.

An Advance Directive allows you to:
• Clearly outline your medical wishes
• Appoint someone you trust to make decisions for you
• Reduce stress and conflict for your family
• Ensure your values are respected if you’re unable to communicate

It’s not about giving up control — it’s about making sure your voice is heard when it matters most.

If you’re over 18, this is something worth having in place.

Read the full blog here:
https://morgandisalvo.com/understanding-the-advance-directive-for-health-care-in-georgia/

Planning for the unexpected is one of the most meaningful gifts you can give to yourself and your loved ones. In Georgia, an Advance Directive for Health Care allows you to clearly communicate your medical wishes in case you are ever unable to speak for yourself, and allows you to appoint a trusted....

04/08/2026

How do you list heirs on a probate form in Georgia?

The answer isn’t based on what the will says — it’s based on state law.

In this Q&A, Loraine DiSalvo explains why even disinherited individuals may still need to be listed as heirs on probate court documents.

This blog covers:
• Who legally qualifies as an heir in Georgia
• Why disinheritance doesn’t remove heir status
• Key risks of filing probate in common form

If you're serving as executor, these details matter more than you think.

Read more here:
https://morgandisalvo.com/qa-with-loraine-how-do-you-list-heirs-on-the-common-probate-form-in-ga/

A person’s status as an heir is determined by state law, not by whether they are intended to benefit.

03/24/2026

When someone passes away with credit card debt, who is actually responsible for paying it?

In this week’s Q&A with Loraine, a reader asks what happens when a husband dies after starting a trucking business with his wife, leaving behind personal credit cards and business debt.

Attorney Loraine DiSalvo explains an important estate planning concept many families misunderstand:
➡️ A spouse is generally not personally responsible for debts they did not sign for.

However, business loans, personal guarantees and probate administration can complicate things quickly.

In the blog, Loraine breaks down:
• When a surviving spouse may or may not owe a deceased spouse’s debts
• How business ownership and personal guarantees affect liability
• Why probate and estate administration matter when debts remain
• When a Petition for Year’s Support may protect a surviving spouse

Read the full answer here:
https://morgandisalvo.com/qa-with-loraine-my-brother-and-sister-in-law-started-a-trucking-business-together-now-that-my-brother-has-passed-does-she-have-to-pay-his-bills/

Question: My brother married a woman who already owned her home that is still in her name. They started a trucking company business, and my brother got multiple credit cards. Some were only in his name, and some were in his name and the business name. When my brother died, he did not have life insur...

03/18/2026

Why can joint revocable living trusts become complicated for married couples?

At first glance, a joint trust seems like the simplest option for estate planning. But in reality, it can create significant challenges when it comes to tracking assets, managing ownership and handling the estate after the first spouse passes away.

In this video, estate planning attorney Richard Morgan explains why joint revocable living trusts often create problems in practice — especially when the required asset tracking and documentation never actually happens.

Watch the video to understand why this structure can become difficult to manage and why good estate planning attorneys prefer separate revocable living trusts.

03/16/2026

When married couples start the estate planning process, one of the first decisions is whether to use a will-based estate plan or a revocable living trust.

But if you choose a revocable living trust, there’s another important question:
Should spouses create one joint revocable living trust or separate revocable living trusts?

At first glance, a joint trust may seem simpler. But as estate planning attorney Richard Morgan explains in this video, what appears simple on the surface can actually create complications later.

Watch the video to learn why Morgan & DiSalvo, P.C. recommends separate revocable living trusts for married couples.

Learn more about revocable living trusts here:
https://morgandisalvo.com/estate-tax-planning/revocable-living-trust/

(Part 1 of a 2-part series — next, we’ll explain why joint revocable living trusts can become a challenge.)

03/12/2026

Final stretch — 3 days left!

Voting in Appen Media’s Best of Perimeter 2026 ends March 15, and we’re honored to be nominated for Best Living Trust Service. You can vote once per day until then.

To Vote:
Services → Best Living Trust Service → Morgan & DiSalvo

🔗 https://www.appenmedia.com/best_of_perimeter_2026/ #/gallery?group=532794

Thank you for the support!

03/04/2026

10 days left! ⏳

Voting in Appen Media’s Best of Perimeter 2026 closes March 15, and we’re honored to be nominated for Best Living Trust Service. You can vote once per day until then.

To Vote:
Services → Best Living Trust Service → Morgan & DiSalvo

🔗 https://www.appenmedia.com/best_of_perimeter_2026/ #/gallery?group=532794

Let’s finish strong!

03/02/2026

🏠 My husband died with the house in his name only. Can I put it in my name?

This is one of the most common — and most stressful — probate questions we see in Georgia.

If a spouse dies without a Will or Trust and the home was titled in their individual name, the property typically becomes part of the probate estate.

That does NOT mean you automatically lose the home, but it does mean legal steps are required.

In this Q&A, Loraine DiSalvo explains:
• Petition for Letters of Administration
• Petition for No Administration Necessary
• Petition for Year’s Support (and how it can sometimes award the entire estate)
• How Georgia intestacy laws affect surviving spouses
• Why timing matters

If you’re a surviving spouse in Georgia, understanding your probate options is critical.

Read the full blog here:
🔗 https://morgandisalvo.com/qa-with-loraine-my-husband-died-with-our-house-in-his-name-only-can-i-get-the-home-put-in-my-name/

Morgan & DiSalvo | Estate Planning & Probate Attorneys | Georgia
📞 (678) 720-0750

Question: My husband died with our house in his name only. Can I get the home put in my name? We were married for 30 years. He did not have a Will or Trust. Loraine’s Answer: I’m going to assume that your principal residence is in Georgia and Georgia law is likely what applies. If not, this answ...