Blog Layout

If It’s Not on Paper, Your Wishes Won’t Come True

Cindy Nelson • Oct 19, 2018

Do not buy into the myth that estate planning is only relevant for wealthy individuals who need tax planning.

One of an elder law attorney’s main responsibilities is ensuring that clients understand the importance of addressing these matters before they become an issue, reports the New Jersey Herald in the article “The importance of putting plans in writing.”

The message hits home especially hard, when the friends of elder law attorneys experience problems that could have been resolved earlier with correct planning. In one example, a woman’s friend began to experience unexpected health problems. Her husband is incapacitated and there are no children to step in and help. The couple’s lack of legal documents has made a difficult situation even worse.

Although discussing concepts like end-of-life care can be challenging, all adults do need to have specific plans in place, even if their estate plan is basic: a last will and testament, a living will and a power of attorney.

It is never to early to put these documents into place. Everyone who is 18 years or older should at least have a designated power of attorney and a medical directive, in case they are unable to manage their own affairs or make healthcare decisions.

Unfortunately, many people still think estate planning is only for wealthy people who want to pay less taxes. Tax planning can help lighten tax liability for some. However, there are far more important reasons to do estate planning.  

The main reason for estate planning is to set down expectations and wishes, while you are alive and after you pass. An elder law attorney will help review the benefits of having a power of attorney and a healthcare directive. They can help, if the situation occurs where your loved ones have to make decisions for you. The amount of time, expense and frustration of going through a guardianship process can be avoided, if these items are in place.

An elder law attorney can also help you with completing beneficiary forms for non-probate assets, preparing a funeral plan, planning a personal property memorandum and discussing elder care and planning for incapacity.

Making decisions in advance regarding who will care for minor children, if young parents cannot and who will be the person’s executor and handle all the details of their estate, are all necessary.

Many couples choose joint ownership and consider that their estate planning. However, that’s not enough. What happens when the last “surviving” joint owner passes? There are many other issues that need to be dealt with and an estate plan can address them.

Reference : New Jersey Herald (Aug. 22, 2018) “The importance of putting plans in writing”

05 Apr, 2024
How Trusts Minimize Taxes and Maximize Your Wealth. If you are over 65 and made more than $15,700 income in 2023, you are above the filing requirement that makes April less fun.
estate planning lawyers
20 Mar, 2024
Here are some reasons why it's time to start contacting local estate planning lawyers. Keep reading to learn more about why you shouldn't wait.
12 Mar, 2024
MYTH: Once you qualify for Medicaid nursing home care benefits, Medicaid will pay 100% of the cost.  MYTH BUSTED: Contrary to popular belief, receiving Medicaid doesn't mean the government automatically pays the entire bill for your nursing home care. In reality, you are expected to contribute a significant portion of your income towards the cost of care. This is known as the co-share, patient liability, or patient share of cost, and plays a crucial role in covering the expenses of your long-term care. Patient liability is your total monthly income minus approved allowances or deductions. The remaining amount is what you pay to the nursing home, while Medicaid covers the rest of the bill. With nursing home care in Georgia averaging $9,000-$11,000 per month, the financial benefit far outweighs the complexity of navigating Medicaid. Let's look at an example:
By 7066160206 05 Mar, 2024
Navigating Probate in Georgia can be daunting, especially with the myriad of misconceptions surrounding it. The legal process of settling a deceased person's estate can lead to confusion and unnecessary worry for individuals and families dealing with the aftermath of a loved one's passing. Let's debunk some of the most persistent myths about the Probate process in Georgia: Myth 1: Estate and inheritance taxes will eat up all of the inheritance I leave for my family. While estate taxes can be a concern in some cases, Georgia does not impose a state estate tax or an inheritance tax. Additionally, federal estate tax laws apply only to estates exceeding $13.6 million (individual) or $27.22 million (couple) as of 2024. Given this high threshold, most estates won't incur significant taxes that would deplete the entire inheritance. Myth 2: If I have a Will, my estate will not go through Probate. This is an all-too-common misconception. Having a Will does not mean your estate avoids Probate. In fact, the Probate judge will use your Will as guidance on how to distribute your assets, complying with any state laws, and ensuring your wishes are carried out. Having a Will can streamline the Probate process, but the court will still oversee the administration of the estate. Myth 3: Debts disappear at death. Contrary to this popular belief, debts do not disappear when someone passes away. Instead, creditors have the right to make claims against the deceased person's estate during Probate. Part of the Probate process involves addressing outstanding debts and ensuring they are paid from the estate's assets before inheritance distribution to beneficiaries. Myth 4: If there is a surviving spouse, the family home doesn't go through Probate. While a surviving spouse may have certain rights regarding the family home, such as a homestead exemption, the property may still need to go through Probate depending on how it is titled and whether there are other heirs with ownership interests. In Georgia, transferring ownership of the home typically requires the Probate process. Since real estate is usually the most valuable asset a family owns, it's important to consult our experienced Probate attorneys to determine the best course of action regarding real estate in Probate cases. Myth 5: I can handle the Probate process on my own. While it's possible to navigate Probate without legal assistance, it's often advisable to seek guidance from a qualified attorney, especially for complex estates or if disputes arise. In Georgia, there are more than a dozen steps to the Probate process, each with its own timeline, paperwork, and potential pitfalls. Our attorneys provide valuable expertise and ensure the process proceeds smoothly according to paperwork deadlines and state laws. While the process can be confusing and overly complicated, working with a Probate lawyer can help dispel common myths and alleviate unnecessary stress. We work with individuals and families every day to facilitate the Probate process so they can access their inheritance, understand their rights and obligations, and clear all the legal hurdles as quickly as possible.
22 Feb, 2024
Do you have a will? If you need to start the estate planning process, here are a few questions to ask your estate planning attorneys.
19 Feb, 2024
While a Will is a crucial component of estate planning, there are several other documents that are equally, if not more, important.
By Josh Nelson 25 Jan, 2024
Estate planning is a crucial aspect of securing your legacy and ensuring a smooth transition of assets to your heirs.
estate planning lawyers
25 Jan, 2024
Working with estate planning lawyers can provide valuable guidance and peace of mind. Here are seven ways these professionals can help you create a plan.
17 Nov, 2023
Looking to invest in the services of a professional estate planning attorney? Here are some of the biggest reasons why it pays to look for an expert near you.
11 Oct, 2023
Ensure your loved ones receive what you've set aside for them. Here are some of the ways an expert estate planning lawyer to help you protect your family.
More Posts
Share by: