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It's really no picnic. No one actually enjoys talking about and planning for the end of their life. It can be a depressing exercise, as well as very tedious. Of course, If you think tedium now is hard to deal with, imagine the chaos that awaits your family should you not plan for the end properly.   No one would argue that creating a proper and effective estate plan, including drafting wills and trusts and other instruments and naming people to administer the estate, including trustees, executors and guardians, is fun. Yet, when everything is said and done, and all… Read More

Due to advances in technology, a concept has emerged that has changed the way everyone should think about their estate plan. Digital assets are intangible, because they can't be held in a person's hand, or hauled off by a moving truck. However, there is no mistaking that such assets can be very valuable to you, and should be considered an essential part of any estate plan.   Even though most people own a lot of digital assets these days, it took many estate planners a while to get on board with this idea, but the idea that protecting digital assets… Read More

One of the most notorious cases of celebrity estate plans gone awry has to be the one that James Brown left behind. Eight years after the famous soul singer's death,  Brown's estate continues to feature constant battles between potential heirs over the wishes of the deceased. Everyone else, including ordinary families, can learn from these problems, and craft an estate plan that doesn't leave you spinning in your grave.   It's not that Brown was cavalier with his estate plan. In fact, it was just the opposite. He sat down with an estate-planning attorney and together they drafted what many… Read More

In this day and age of greater and easier mobility, it has become increasingly common for families to relocate geographically a number of times over their lifetime. Sometimes, the move represents growth and change, but it can also involve a job, marriage, divorce, health issues or even retirement.   It's often puzzling to people why where they live should have an impact on their estate plan, but it quite often does. Mostly, this is because most of the laws regarding estate planning are state-level laws, not federal. That means there are 50 separate approaches to such issues as wills, trusts,… Read More

It is impossible to overstate the importance of estate planning to any person who desires to pass assets and wealth on to loved ones, but it can be especially important for women to do so. For one thing, they tend to live longer than men, which means they are more likely to outlive a spouse, or to remarry. It also means they are more likely to need more money for long-term care in their sunset years.   Because of all of this, women have several unique estate planning issues that need to be addressed. Therefore, let's look at a few… Read More

Divorce is simply a fact of life these days, and the number of people who end up marrying more than once continues to grow. That makes prenuptial agreements a nearly essential element of estate planning these days. This is especially true for those who have children from a previous marriage, or if there are specific assets you want to keep on your side of the family.   For example, suppose your desire is to pass your home on to the children from your first marriage when you die. Without proper planning and a carefully drawn prenuptial agreement in place, your… Read More

Imagine, if you will, that a loved one passes away, and you are required to sift through thirty or forty years of financial records and other paperwork during one of the most stressful times of your life. That would not be easy, especially if you're unsure of what you're looking for. What do you keep, and what do you throw away? What's valuable and useful, and what is worthless?   Is that what you want your legacy be when you pass away? Do you want to be the one who kept every piece of paper they received, but left no… Read More

So as to provide a little more time for surviving spouses to elect portability on their tax return and to allow them to use their deceased spouse’s unused federal estate tax exemption, the Internal Revenue Service (IRS) has extended the portability deadline for filing an estate tax return for those decedents who passed away in 2011, 2012 or 2013 to December 31, 2014. To elect portability means that a married couple can in effect combine their available exemptions. That move could potentially save a family a significant amount of money when the second spouse dies. For example, if one spouse died… Read More

Two of the most common questions every estates and trust lawyer in the state of Georgia is asked are; How long does the Georgia probate process take? And; When will I receive my share of the assets from my loved one’s estate? There are a number of factors that contribute to the answers to these questions, so the answers aren’t always easy to answer.  For example, the speed is partly dependent on how fast the petition for letters testamentary or administration can be completed and filed with a Georgia probate court. It is also dependent on how quickly that court… Read More

A lot of people these days are trying to save money, which is understandable. Other people are also the do-it-yourself types, and just like feeling the independence that comes with completion of an unwanted task that a lot of people told you couldn't be done without hiring an expert. The feeling of accomplishment one feels when you put in your own carpet or install new windows on your house is great. However, too often people approach estate planning with the same attitude. It's tempting to walk through the office supply store and see a display for "will kits," wherein you… Read More