An Atlanta Wills Lawyer’s Checklist for a Georgia Will

wills and trusts

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 terroremclause 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.

Estate Planning for Single Parents in Marietta and Cobb County GA

Estate Planning for Single Parents in Marietta and Cobb County GA

single momSingle parents tend to work hard for their children, so it’s no wonder that those in Marietta and Cobb County want to protect the children they would leave behind should the adult be killed or become incapacitated.  Every day it falls to the single parent to provide just about everything for his or her children, and with 13 million single parent households in the US, there are a whole lot of folks doing their best to provide everything their children need today.  Working with a Marietta Georgia guardianship lawyer is the right step to make sure they are also provided for in the future.

As a single parent, your estate plan may look different from that of a married parent.  In those cases, there are laws in place to ensure that both property and custody have a means of passing to the surviving spouse.  In your case, however, the courts would determine your next of kin and disperse your property, as well as appoint a guardian, based on Georgia state laws.  While it’s great that there are laws like this to rely on when a single parent dies with no will in place, it’s not necessarily such a wonderful thing if the person/people named are not those you would have chosen yourself.

For example, it’s quite common for grandparents to be given custody of a child upon the parent’s death.  In many families, that would be the perfect choice.  In others, however, a better choice could be made.  Perhaps there has been a falling out between family members, or it’s possible that the grandparents are either too old or just otherwise not in the right place in their lives to be starting over raising children.

Clearly, appointing a guardian for your child or children is one of the most pressing issues for which to see an estate planning attorney in Marietta or Cobb County.  It’s not the only one, though.  This lawyer can also help you to create a financial plan which can help support your child even if you aren’t there.  You might be advised to look into a life insurance policy or to participate in a Georgia college savings plan.  Likely, a guardianship lawyer in Marietta will also help you to create a trust or trusts which can not only protect some of the money from being heavily taxed, but also give you some say over how the money is to be used and by whom.

An estate planning attorney will also help you to make sure that everything is in order.  He or she will ask you about bank accounts, insurance policies, retirement accounts, and even military service, as all of these can possibly be directed to the care of your child or children.  Every family, no matter what the marital status is, is unique.  With the help of a Marietta estate planning lawyer, you can put together a plan that works for your specific situation.