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Jake  Slowik

Jake Slowik

  • Estate Planning, Probate, Business Law
  • Georgia, New York
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Biography

At Slowik Estate Planning, my goal is to get to know you, your family, and your business, and build a life-long working relationship.

Estate planning often engenders stress, confusion, and apprehension. I have dedicated my practice to providing clients with peace of mind through trusted legal counsel. My personal background has instilled in me a deep commitment to offering this vital service to families in similar circumstances.

By developing custom legal solutions together, we will protect your loved ones' well-being and safeguard your assets.

Let's talk today about creating your legacy for tomorrow.

Education
Harvard Law School
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Cornell University
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Professional Experience
Associate
Fried, Frank, Harris, Shriver & Jacobson LLP
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Commercial Real Estate Attorney
Publications
Articles & Publications
Estate Planning in 2024: Why Your Will and Trust Need Urgent Attention
Slowik Estate Planning
3 Law Firm Business Tactics To Support A Niche Practice
Law360.com
Small Law; Big Success
Edward Elgar
Certifications
Estate Planning and Fiduciary Section
Georgia Bar Association
Professional Associations
State Bar of Georgia
Member
- Current
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Jurisdictions Admitted to Practice
Georgia
State Bar of Georgia
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New York
New York State Office of Court Administration
ID Number: 5158670
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Fees
  • Free Consultation
    Free consultation
  • Credit Cards Accepted
    Accept all major credit cards. Easy online payment.
  • Rates, Retainers and Additional Information
    Most matters are billed on a flat fee arrangement. More complex matters including probate and trust litigation are billed at an hourly rate.
Practice Areas
Estate Planning
Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills
Probate
Probate Administration, Probate Litigation, Will Contests
Business Law
Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes
Languages
  • English
Legal Answers
Q. Is executor liable for 5-year payments if business fails?
A: The executor is obligated to carry out the terms of your father's will, regardless of the business’s performance—unless the will explicitly conditions the payments on available business income.

If the will says beneficiaries are to be paid based on the business's value at the date of death, then: (A) the executor must determine the fair market value of the business at the date of death (usually via appraisal); and (B) the total owed for the 25% share is fixed based on that value, and not adjusted for future performance.

Also, the executor has a fiduciary duty to act in the best interest of all beneficiaries. That includes making payments as required, even if it means using other estate assets (e.g., potentially sale proceeds from the house). The executor cannot unilaterally decide not to make payments just because the business is underperforming.

Your Options: (1) request, in writing, that the executor provide a full accounting of the business valuation at date of death, use of estate proceeds (including house sale), and the business financials since death; (2) hire a Probate Attorney; (3) have the attorney review the will to confirm whether the payments are absolute or conditional (likely absolute given how you described them).
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Q. How to obtain affidavit of survivorship and TOD deed forms in Georgia?
A: I recommend you consult with an estate planning attorney to prepare these documents. There is a statutory form Transfer on Death Deed provided in O.C.G.A. Section 44-17-3. However, a person's specific circumstances often warrant specific modifications or additions to the form to ensure their intentions are carried out properly. In addition, it is helpful to consider contingencies and how these instruments work in conjunction with the rest of your estate plan.
Q. What attorney handles trustee fiduciary duty breach?
A: I agree with Nina's answer and I'd also recommend you find a law firm with specific experience litigating against corporate trustees (e.g., banks or financial institutions) who understands how to navigate these complex cases, including obtaining financial records, forensic accounting, and proving negligence or deliberate misconduct. It can also help to have a lawyer local to the county where you would litigate.
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Websites & Blogs
Website
Contact & Map
Slowik Estate Planning
3355 Lenox Road NE
Suite 750
Atlanta, GA 30326
US
Toll-Free: (404) 538-9030
Monday: 8:30 AM - 5:30 PM
Tuesday: 8:30 AM - 5:30 PM
Wednesday: 8:30 AM - 5:30 PM
Thursday: 8:30 AM - 5:30 PM
Friday: 8:30 AM - 5:30 PM
Saturday: Closed
Sunday: Closed (Today)
Notice: By appointment only.