Estate Planning

Estate Planning Attorney in Atlanta, GA

Estate planning in Georgia is more than just planning for after death – it’s a comprehensive legal strategy that protects both you and your loved ones during your lifetime and beyond.

• While alive, it gives you control over medical decisions and financial matters if you become incapacitated.
• After death, it ensures your assets are distributed according to your wishes, minimizes taxes and court fees, and helps your family avoid the stress of making difficult decisions during emotional times.

What is Included in an Estate Plan?

Georgia Will

The core of any estate plan, a valid Georgia Will, or last will and testament, allows you to determine who receives your personal property and real estate through the Probate process. More importantly, a Will also allows you to nominate a guardian for any minor children you have.

For more information, visit the Georgia Wills page.

Georgia Power of Attorney

A valid Georgia Power of Attorney allows you to have a person, typically a spouse/domestic partner, close friend, or family member to manage your affairs should you be either temporarily or permanently incapacitated.

For more information visit the Georgia Power of Attorney page.

Georgia Advance Directives for Healthcare

The Georgia Advance Directives for Healthcare, or living will, allows you to decide what medical treatment options, if any, you would like should you become incapacitated. It also allows you to choose a person you trust to exercise those decisions for you.

Moreover, you can use this document to authorize unmarried partners, friends, or other people not legally related to you to visit you in the hospital or ride in the ambulance with you.

For more information visit the Georgia Advance Directives for Healthcare page.

Revocable Living Trust

A Revocable Living Trust is a commonly used extension of the Will. It allows you to make longer-term plans with your estate, add conditions to beneficiaries, and have a Trustee manage assets for minor children.

For more information, visit the Georgia Revocable Living Trust page.

Special Needs Trust

A Special Needs Trust allows those with children or close family members who receive means-tested government assistance like SSI/SSDI, Medicaid, and other benefits to receive from your estate without interrupting their government benefits.

It is an incredibly powerful tool that allows you to take care of those with special needs for the duration of their lives.

For more information visit the Georgia Special Needs Trust page.

Why Do People Need an Estate Plan?

An estate plan serves two crucial purposes: protecting you during life and safeguarding your wishes after death.

While you’re alive, an estate plan shields your assets from potential risks like divorce settlements and lawsuit judgments. It also ensures your medical and financial decisions are honored if you become incapacitated. For business owners, it provides a clear path for company transitions and retirement.

After death, your estate plan guarantees your assets go to your chosen beneficiaries – not to distant relatives or your spouse’s future partner. It allows you to select guardians for minor children’s inheritances and prevents court-appointed managers from controlling their assets.

Without an estate plan in Georgia, state law dictates asset distribution, which may not align with your wishes. Additionally, Georgia’s unique “year’s support” provision could allow surviving spouses or minor children to claim large portions of your estate. A comprehensive estate plan prevents these complications and expensive court disputes.

Who Are The Necessary Parties Involved In An Estate Plan?

The essential parties in estate planning are the attorney and client. Their relationship, protected by legal privilege and confidentiality, allows for open, honest communication about the client’s wishes without outside influence.

Initial meetings typically involve just the client (and possibly their spouse) to ensure decisions reflect their true desires without external pressure. As planning progresses, other trusted advisors may be included, such as financial planners or insurance agents.

Some parties, like proposed executors, should know about their roles but don’t need to be involved in every decision. When family members or caregivers attempt to influence the client’s choices, attorneys will intervene to protect the client’s independence in making decisions about their assets and legacy.

Is Estate Planning Only for The Filthy Rich?

In short, no. People often get intimidated by the words “estate planning.” It sounds like something maybe only the wealthiest people need to do. For example, Warren Buffett might have an estate plan, but the rest of just need to get a Will.

That is certainly not the case. I will pose a better question. Who needs an estate plan?

• Everyone who has someone they care about.
• Everyone who wants someone they trust to make decisions for them if they are incapacitated (i.e. a spouse, parent, sibling, partner, etc.).
• Everyone who has children.
• Everyone who owns a house.
• Everyone who would rather have their legacy and their assets pass onto their loved ones rather than to their creditors and the government.
• Everyone who wants to make things easier for their loved ones during the most challenging times in life.

What Happens If I Don’t Have an Estate Plan?

Without an estate plan in Georgia, state law determines who inherits your assets, potentially benefiting distant relatives you don’t know or trust.

If you’re married with children, your spouse receives one-third of your estate while children split the remainder. Additionally, Georgia’s unique “year’s support” provision allows surviving spouses or minor children to claim unlimited portions of your estate, leading to potential court disputes.

These factors are settled in probate, a court-supervised process of validating a will, paying debts, and distributing assets to beneficiaries after someone dies. Simple estates can take 6-12 months, while complex estates or those with disputes could take several years to complete probate in Georgia.

During that time, loved ones may not have access to life-sustaining assets, such as bank accounts, investment accounts, deeds, and titles.

Without proper planning, you also lack protection during life. If you become incapacitated, courts may appoint someone to manage your finances and healthcare decisions, rather than someone you trust.

Do Most People Make Provisions For Mental Incapacity In Their Estate Plan?

Unfortunately, most people don’t plan for mental incapacity in their estate plans, despite its critical importance.

Mental incapacity – the inability to make personal and financial decisions – can result from various conditions, including dementia or unconsciousness. Without proper planning, individuals become vulnerable to financial predators, both within and outside their families.

Early planning through powers of attorney, trusts with incapacity provisions, or court-appointed conservators can protect assets and ensure proper care during periods of incapacity.

Why Do People Generally Avoid Or Delay Setting Up An Estate Plan?

People view estate planning as important but not urgent, making it easy to continuously postpone. The natural reluctance to confront mortality leads many to avoid planning, assuming there will always be more time.

Usually, it takes a significant life event – death of a loved one, birth of a child, marriage, divorce, or retirement – to motivate action. While this reluctance is understandable, delaying estate planning leaves loved ones vulnerable if unexpected circumstances arise.

How Often Should People Check Up On Or Modify Or Maintain Their Estate Plan?

Major life events – such as marriage, divorce, birth of a child, or children turning eighteen – should trigger an immediate estate plan review. These significant changes can dramatically impact how your existing plan functions.

Even without major changes, review your estate plan every 1-2 years. Consider linking this review to a recurring date, like Election Day, to make it routine. During these checkups, consult with your attorney about any questions or necessary updates.

How Long Does It Take To Create An Estate Plan?

The necessary length of time varies broadly based on the individuals involved. Generally, however, from the time someone steps into my office, usually about a month or so passes until the documents are signed.

For a particular person’s case, it may take more or less time. The process involves having an information session where we sit down and talk all the things that you want to accomplish through your estate plan.

I put together a custom proposal about how to proceed. Once the plan is approved, we create draft copies of the documents for review. A follow-up meeting is scheduled, often by phone or Zoom meeting, to review the drafts and make revisions. At that point, the estate plan is ready to sign.

What About Estate Planning for Same-Sex Couples?

Same-sex couples in Georgia need particularly thorough estate planning to protect their families and relationships. Without proper planning, state law favors biological family members over life partners when someone dies or becomes incapacitated.

At Scriber Law Group, we help same-sex couples create comprehensive plans, including wills, trusts, powers of attorney, and healthcare directives. These documents ensure your partner can make medical and financial decisions, inherit property, and maintain custody of children if something happens to you.

We handle all aspects of LGBT family law with understanding and care, including domestic partnerships, adoptions, name changes, and birth certificate amendments.

For more information visit the Estate Planning for Same Sex Couples page.

What Are The Qualities To Look For In An Estate Planning Attorney?

Look for an attorney who specializes in estate planning and probate, with proven experience presenting documents to courts. They should understand both legal requirements and family dynamics.

Choose someone who listens to your needs, offers solutions within your budget, and responds promptly to communications (ideally within 24 business hours).

Verify their professional reputation through state bar records. The ideal attorney should be approachable, willing to explain complex terms, and focused on creating tailored solutions rather than pushing expensive options.

What Sets Scriber Law Group Apart In Handling Estate Planning Matters?

At Scriber Law Group, we have years of hands-on estate planning and courtroom experience. Because we have dealt with disputed will litigation and trust matters, we have greater insight to help families avoid future conflicts and create peace of mind.

We love making the legal process easy and comfortable! You’ll find us friendly, approachable, and quick to respond to your calls and emails. Every family is different, so instead of one-size-fits-all solutions, we work together to create a plan that perfectly fits your unique situation.

Ready to get started?  Schedule a free and confidential consultation today!