ESTATE PLANNING

In my almost four (4) decades of practicing law, I have learned that there is no such thing as a “Simple Will.”  Every family is different and special in its own way.  If I simply add a person’s name to a form, “their Will” becomes “my” Will or Trust.  Every word must be crafted to an individual’s life and family.  Before I draft a person’s Will or Trust, I will sit down with them and get to know them, their family, and their hopes and dreams.  I find it equally as important for my clients to understand the probate process and the laws of the State of Georgia.  Knowledge is power.  Once a client is empowered, they help me help them and we become a team.  I draft their document and send it to them to review before coming back in.  I need their input to make the changes they desire.  I write my documents in a straightforward and understandable manner.  A good Will and/or Trust should be legally sound, easily understood, and defendable.

As I get to know clients, I decide whether a Last Will and Testament or a Revocable Living Trust would be best. If possible, I try to craft a Will for the family.  The State of Georgia is the easiest State in the Union to probate a will.  However, many times, an estate has aspects that warrant a Trust, such as: a blended family, vacation homes out of the estate (no one wants to probate a will in two (2) or more states, especially not in Florida, Tennessee or North Carolina); or a child with different financial circumstances or family dynamics.  During the course of my representation, I may need to help a person with his or her business, help set up a corporation or a limited liability company for asset protection, and/or draft a Joint Tenancy with Right of Survivorship, Quitclaim or Limited Warranty Deeds.

Having a Georgia Statutory Form Power of Attorney avoids future Guardianship and Conservatorship proceedings in Probate Court.  I also strongly encourage signing a Georgia Healthcare Directive.  I always stress the importance of clients meeting with their family, executor, and/or Trustee after they execute their estate planning documents to set proper expectations.

Death itself is difficult enough for your family. Don’t make it harder by being caught unprepared. Contact us today to schedule a CONSULTATION on how to protect yourself, family, and assets in the case of death or prolonged illness.