When it comes to creating your Last Will and Testament in Georgia, it is helpful to remember these points:
• Put it in writing.
• State it is your will.
• State whether prior wills and codicils are revoked.
• Name your legal heirs or say you have none. (A Georgia wills and trusts attorney can make sure you have included the right persons.)
• State that you want your estate to pay for your funeral and burial expenses; describe them.
• Name who is to be the representative of your estate (personal representative or executor).
• Name back-up representatives.
• State if your representative and back-up representative are free from bond, appraisals, inventories, returns.
• Name who is to be the guardian of your minor children if you and your spouse both die.
• Name back-up guardians.
• Name a trustee for your minor children if you and your spouse both die.
• Name back-up trustees.
• Set out the compensation and powers of your representative, children’s guardian, and trustee.
• State to whom you give your property; provide for a residuary clause.
• Clarify ownership of accounts with more than one name on them.
• If you divide your property among heirs, have you considered the effect of an outstanding mortgage on the person who receives that particular piece?
• If your estate is to pay all your “just debts”, do you want mortgages excepted?
• Is there a possible federal tax liability? Ask your Georgia wills attorney about testamentary trusts and gifts to legal charities.
• Ask your attorney if you need an “in terrorem” clause if you are concerned someone will contest the will.
• Sign in front of two witnesses at your Georgia estate planning attorney’s office. If the witnesses are needed, the attorney is best able to find them. To make things even easier when the time comes, you and the witnesses can sign a self-proving certificate in front of a notary to save the witnesses from having to come in if the will is uncontested. Ask the attorney about a codicil (amendment) to make changes in a will, to save having to redo the will.
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Marietta Georgia estate planning lawyers eat, sleep, and breathe estate planning and see pretty much every kind of situation unfold. Clearly, individuals who have taken the time to create a solid estate plan nearly always fare better than those who do not. Still, there are a whole lot of myths and misunderstandings floating around that stop people from making the choice to protect their futures with an estate planning lawyer’s assistance.
In an effort to help as many people as possible, it is incredibly important to tackle these myths head-on and to debunk those that just aren’t true.
T or F: Estate plans are just for those with lots of assets.
The answer is false. So many people end up unknowingly damaging their estates and hurting their heirs because they just don’t think they have “enough stuff” to justify an estate plan. This myth absolutely needs to be debunked! As long as you own something, there will be a legal process in order to determine what to do with it after you die. This process (probate) is not only long and drawn out, but it also costs money! That money comes from the estate itself, meaning that those precious few assets you wanted to pass on could actually end up being sold in order to pay for probate and taxes. Fortunately, working with an estate planning lawyer ahead of time allows you the opportunity to protect your assets using whatever tools are appropriate for your situation.
T or F: You don’t need an estate plan as long as your family knows your wishes.
The answer is false. There are a couple of problems that Marietta GA estate planning lawyers encounter with this line of thinking. First, and probably most importantly, is that just because you and/or your family wants things to happen in a certain way, there’s no guarantee they will. Instead of your loved ones following your wishes, they will be forced to follow the laws of the state—even if these go completely against what you wanted. Additionally, everyone experiences grief differently, and even though your child or other loved one knows your preferences, he or she may find ways to subvert them for their own gain. The best way to avoid both of these kinds of drama is to work with an estate planning lawyer in Georgia who knows how to ensure that things go the way you want as a matter of law.
T or F: Trust funds are for more than passing on money.
The answer is true. While we may have certain ideas about trust funds as a result of watching too many movies, a whole lot of people aren’t clear on what they can really do. For example, your Marietta Georgia estate planning attorney can help you set up a trust in order to limit the taxes your estate (and heirs) will have to pay later. They also provide you with a big say in how your heirs are able to use the money—do you want them to have free rein, to pay for an education, or to give the money to charity? These are just some of the ways trusts are often used.
Even if you don’t have a ton of assets, a skilled Marietta estate planning lawyer can help you create a roadmap that will be followed by both the courts and those you’ve left behind. From avoiding probate and excessive taxes to ensuring that your grandkids go to college, working with an estate planning lawyer in Marietta is the first step in protecting what you hold dear.
Want to learn more about estate planning myths? Did you know that when it comes to estate planning, there are 5 RIDICULOUS myths that could cause your plan to crumble and fall apart when your family needs it the most. Whether you already have an estate plan or you have ZERO documents in place, this report will help you identify common myths and mistakes so that you can FIX any problems, make the right decisions and properly safeguard the people and things you love.
BEFORE YOU GO ONE STEP FURTHER WITH YOUR PLANNING…. Download this free special report HERE.