Simple Wills, Advance Directives, Durable Powers of Attorney, Trusts, Probate and Litigation.
A standard estate planning package consists of a Will, Advance Directive, and Durable Power of Attorney. The Will directs how you want your property to be distributed when you pass on. The Will also names an Executor who is the person who will be in charge of the estate. It can also name Guardians to be the caretakers of your children should you and your spouse pass as well as Trustees should the will create a trust.
The Advance Directive was created in Georgia in 2007 and replaces the previous Living Will and Durable Power of Attorney for Healthcare. If you have a previous Living Will and Durable Power of Attorney for Healthcare, it may or may not be valid. The Advance Directive allows you to make designations regarding, among other things, how much health care you want or do not want should you be terminally ill or in a permanently unconcious state. It also allows you to choose a person or persons to make medical decisions for you based on your wishes should you be unable to do so yourself. Many times, this is the most important document in the Estate Planning Package.
The Durable Power of Attorney names a person to handle your personal business and becomes effective upon your being incapacitated. It expires automatically once you return to health and are again capable of handling your affairs.
Trusts are instruments that one can use to create Trustee to look after trust property, Benefiaries to get the benefit of the trust of the property. There are a variety of types of trusts, revocable and irrevocable, that can be used to obtain different goals. The most common reasons to have a trust are to avoid probate, leave a trustworthy person in charge of the finances of a beneficiary who may be too young or otherwise unable to care for finances, or to limit estate tax liability.
Probate and Administration: We handle all types of probate issues from representation of Estates in Probate, in the event there is a Will, or Administration, in the event there is no Will.
Guardianships and Conservatorships: We can represent you in Probate Court in the filing of a Guardianship or Conservatorship of an incapacitated individual. One common reason for a Guardianship, (naming a person to be in control of one's personal decisions), or a Conservatorship, (naming a person to be in control of one's finances), is in the event of the failing health of a parent to assist that person with one's decisions as well as protect that individual from those that prey on the elderly and infirm.
Probate Lititigation: Representation in Probate or other state courts in matters related to Estates, Trusts, Probate, and Guardianship.
