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Estate Planning Process in Georgia

Forming a thorough Estate Plan involves many steps. Before you put your signature on an Estate Planning document, you must be sure to identify your goals, name eligible Beneficiaries, and understand the legal impact of those documents. As a result, the Estate Planning process in Georgia could take many weeks, if not months.

However, the result is worth the time spent on the process. A comprehensive Estate Plan will not only ensure that your property moves to the intended parties after your death, but it can also bring immediate tax benefits and help you to live more comfortably in the future. Our experienced attorneys at Nelson Elder Care Law can help you with every step of the process to ensure your future plans meet your goals and the legal requirements.

Identifying and Evaluating One’s Assets

Your Estate Plan formation should begin with the identification and valuation of your Assets. This is because your Estate comprises the entirety of your property upon your eventual passing including physical items, cash holdings, real estate, and even an interest in a business. Ensuring that your Estate Plan is thorough requires you to specifically identify these Assets and determine what you want to happen to them in the future.

Placing a proper value on these assets is also important. While there is no Georgia Estate Tax, the federal Estate Tax may still apply if an Estate has a value in excess of $11.7 million. Our Georgia attorneys can help you locate, identify, and evaluate your Assets as the first step in the Estate Planning process.

Determining which Estate Planning Options are Right for You

Traditional Estate Planning included little more than a Will. However, these are inflexible documents that may result in a lengthy and costly Probate process. Other more modern options exist that can bring greater utility as well as benefit you prior to your death.

A common example is a Trust. A Trust allows you to place your Assets under the control of a Trustee with instructions to distribute them to a Beneficiary at a stated time. This may be upon your death or any other point in the future. In addition, placing property into a Trust can bring tax benefits or help make you eligible for government benefits, like Medicaid. Our lawyers in Georgia can work with you throughout the process to evaluate your goals and suggest the proper Estate Planning options.

Drafting Documents that Meet the Legal Requirements

The final step in the Georgia Estate Planning process is the creation and execution of the documents. Perhaps the most important part of this process involves drafting documents with clarity and specificity. The clearer the document, the less likely it is to meet legal challenges in the future.

For the most part, state law is not concerned with what provisions an Estate Planner may place in documents. However, there are a few specific rules concerning the formation of these documents. For instance, the Official Code of Georgia Annotated § 53-4-20 says that a Will must contain the signature of the testator as well as that of two witnesses who observed the signing. Nelson Elder Care Law can help ensure that all Estate Planning documents satisfy the necessary legal requirements.

Call Our Georgia Attorneys for Help with the Estate Planning Process

The outcome of creating an Estate Plan will determine the property rights of your heirs, the future of your business, and your future financial security. Hiring an attorney to guide you through the Estate Planning process in Georgia could provide you with peace of mind. Contact Nelson Elder Care Law now to learn more.

Hear From Our Clients
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I heard Cindy’s presentation at a Senior Luncheon at my church, and was very impressed. She helped my daughter and me understand many aspects of elder law. Josh has also been very helpful in my planning to enter an independent living situation . I have told many friends about them.

- Charlotte

The very best elder law attorney and staff anyone could ever ask for! I have referred a number of clients to Cindy and she never disappoints. She is kind, caring, and extremely thorough in making sure everything is completed as it should be. I highly recommend Cindy for anyone needing lawyer services; she truly goes above and beyond for every client she helps and has had a huge impact in so many peoples’ lives. Thank you, Cindy and staff, for everything that you do- I’m so glad to know you!

- Kerri

Cindy and the Nelson Elder Care Law team are trustworthy and helpful. They are the experts in elder care law. At Leaf Cremation, we entrust our families to the care of the Nelson team when their services are needed.

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Josh Nelson, and his staff, have been amazingly helpful to our family. The ins and outs of nursing homes, the rules and regulations that govern Medicare and Medicaid are daunting and the folks at Nelson Elder Care Law have been informative, responsive, and above all, empathetic. I cannot emphasize enough how their service has taken a weight off of our shoulders especially during a world pandemic that has targeted nursing homes across our country. I highly recommend retaining Josh and his firm!

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I had a simple legal question to them that I needed answered and they very helpful in giving me the information I needed. I highly recommend them and will reach out to them if I need more advice or assistance. Thank you for taking your time to just answer a couple of questions I had!

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