Our Practice Areas

Real Estate Transactions

Real Estate Litigation

Probate Matters

We assist in making sure our clients clearly understand who owns and has rights to Real Estate.  Further, if ownership of real property needs to change, we prepare the necessary documents to make sure that happens while continuing to protect our client’s best interest by ensuring there are no liens or judgments on the property that would jeopardize the ownership interest.

  • Title Clearance- examination of title for 50 years of history; work to eliminate liens
  • Deed Preparation- Limited Warranty Deeds, Quit Claim Deeds, Life Estate deeds
  • Title transfer- additions and removal of parties from title
  • Commercial and Residential closings- facilitate the process from contract to close

 

 

There are times when either the Real Estate title cannot be easily cleared; a person needs to be removed from your property or a lien needs to be filed or fought and removed.  Our Real Estate litigation involves filing and representing clients in court to resolve Real Estate disputes that cannot be resolved via discussion or settlement.

  • Tax Sales- barment and foreclosure or tax deeds
  • Quiet Title Actions- eradicate clouds on title to ensure ownership rights
  • Partition Actions- forcibly removing a person from title, ownership and possibly possession of property
  • Landlord/Tenant- disputes regarding the lease including non-payment of rent and failure to make necessary repairs
  • Liens- court action to encumber property until a related bill is paid

 

 

There are times when our loved ones can no longer speak for themselves or properly care for themselves and/or their finances.  If there are no powers of attorney in place and business must be conducted on behalf of your loved one, you may need to put in place a Guardianship (person) or Conservatorship (assets) to legally conduct the affairs of the person who can no longer act in their own best interests.

  • Guardianship- Allows a person to make decisions regarding the physical care and well-being of a person
  • Conservatorship- Allows a person to make decisions regarding the assets and the spending of money necessary to protect the persons estate

 

 

Business Law

Estate Administration

Estate Planning

Many people have great ideas that can add income to their lives.  We assist individuals with forming businesses and organizing businesses for longevity.  Out team will have extensive conversation with you regarding your business ideas and functions so that we can determine the best approach and protection that you will need.  We will also will assist you as you consider entering into contracts with other people or businesses.

  •  Entity choice consultation- Determining whether to be a Corporation, Partnership, or LLC is a serious process that can have significant tax consequences.  This choice should be discussed with a professional who can guide to through the pros and cons of the types of business structure you can have.
  • Business establishment and organization- We file all the necessary documents with the Secretary of State and other necessary government entities to  allow the business to legally open with everything in place
  • Operating Agreements and Bylaws- most banks and other companies that you do business with, want to view your company operating agreement or bylaws.  These documents tell how the company is/should run on a day to day basis and addresses the consequences when that does not happen.
  • Non-profit organization and filing- Some businesses can have non-profit status which reduces the tax burden on the business.  Non-profit corporations have strict requirements and specifications.  We complete the filing with the IRS and guide you through starting a successful non-profit organization.
  • Contracts- Agreements between two parties under specific terms
  • Employee/Office Manuals-Business owners want their employees to conduct themselves in a professional manner.  Employees need to know what it means in their

Upon the death of a loved one, their assets must pass according to the law.  Estate Administration is the procedure of following the law to properly distribute the assets of the deceased while limiting liability for the heirs.

  • Estate Contests- occasionally parties disagree with who should be responsible for managing the distribution of the estate.  Our firm represents the parties in resolving disputes related to this.
  • Claim negotiation and Administration- It is a requirement of estate administration that creditors get paid first before beneficiaries/heirs receive money from the estate.  We negotiate with the deceased party’s creditors to reduce the bill so there can be more to distribute to the beneficiaries.
  • Distribution of assets- the ability to properly change the ownership title to the assets of the deceased party.
  • Estate Petitions in Probate Court- This is the procedure whereby we acquire the court’s authority for the administrator of the estate to act in place of the deceased individual and property disburse the estate.

 

 

 Everyone has an estate!  Deciding what will happen with your property upon your death or disability is an important part of your life.  Our firm assists you with assessing your and your family needs and developing documents that execute your plan for providing for your loved ones after you have passed or have become incapacitated.

  • Wills- document that designates who your beneficiaries are and what you would like for them to receive upon your death.
  • Trusts- documents that designates your assets and how you want them to pass in the event of your death or incapacity.
  • Powers of Attorney- documents that designate a third-party to act in your best-interests on your behalf

 

 

 

Dedicated to Exceptional Service with

Outstanding  Results

HOW TO REACH US

Phone   

(678) 804-5533

Email    

contact@omsmithlaw.com

Website

www.omsmithlaw.com

Address 

1115 Mt Zion Road, Suite 23

Morrow, GA 30260

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