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Keeping Control of Your Estate Plan, Elder Law Attorney, Woodstock, GA


People who have earned wealth want to maintain control of it. However, they often choose estate planning tools that deprive them of that control or they mistakenly believe that alternative estate planning tools would deprive them of control.

If you have earned your own wealth, then the last thing you want to do is turn that wealth over to someone else while you are still alive and competent to handle the wealth. However, sometimes people do exactly that with their estate planning choices.

For example, people will often give a family home to a child or name the child as the joint owner in an effort to avoid probate.

Bad idea.

As Forbespoints out in a recent article titled Never Give Up Control When You Create Your Estate Plan,” when someone does that, they lose control of the home. If they want to do anything with it, they will need permission and can be denied.

The article also points out that many people are afraid to get a trust and name someone besides themselves as the trustees. Why? Because they think they will lose control of the assets in the trust.

This might be the case if the trust is some form downloaded from the Internet, but such is not the case with a properly drafted trust. If the trustee is not doing what you want, you can fire the trustee and appoint someone else.

When creating your estate plan, talk to your estate planning attorney about control. Ask who will be in control of each estate planning vehicle.

If control is important to you, make sure that you are the one who keeps it!

Reference: Forbes (November 13, 2014) Never Give Up Control When You Create Your Estate Plan

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.

- Pierce

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!

- Marcia

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!

- Ben