Issues with Estate Planning in Marietta

Estate Planning is the process through which you can ensure that your wishes become reality after your death. However, you may not know that this process can have applications in the present as well. Careful Estate Planning can not only provide for the future of your heirs but can also result in immediate tax benefits for you and your family.

With that in mind, it is important to be able to recognize many of the common issues with Estate Planning in Marietta. Running afoul of these issues could result in a plan not having the maximum immediate effect as well as complicate the Probate process after your death.

Our experienced attorneys at Nelson Elder Care Law can help you to better understand these potential issues and craft Estate Plans that minimize their impact on your future.

Estate Planning and the State’s Intestacy Statute

The goal of an Estate Plan is to ensure that your property moves to your designated beneficiary after your death. These plans can also help your family avoid the messy Probate process and the potential application of the Intestacy statute. Under the Official Code of Georgia Annotated § 53-2-1, if you pass away without a Will, a court will designate your assets to heirs according to the law. This can cause unnecessary disputes among family members and result in your property not going to whom you wish.

Transferring assets through a Trust can help to mitigate this issue. However, Trusts are rarely a person’s only form of testamentary document, and people lacking a Will might still find their ultimate goals meeting resistance during the Probate process. As a result, a common issue in Marietta Estate Planning involves determining your goals and forming documents that give those goals the proper legal effect.

Ensuring that an Estate Plan has the Intended Effects

A traditional Estate Plan consisted of little more than a Will that went into effect upon a testator’s death. However, more modern and flexible plans can use Trusts to bring you immediate impacts to their finances and eligibility for government benefits, like Medicaid.

It is also essential to craft an Estate Plan in a way that allows you to claim maximum government benefits. The most common example is becoming eligible for Medicaid to help with nursing home expenses. However, an issue can arise during this process concerning the lookback period. Transferring assets into a Trust at least five years before applying for benefits can help to avoid this common issue.

Avoid Common Issues with Estate Planning with a Marietta Attorney

Effective Estate Planning requires you to evaluate the impact of the plan on every aspect of your life. This can include your eligibility for government benefits and long-term impact on your beneficiaries and heirs. Proper planning can help to avoid the state’s intestacy statute and lower the impact of taxes.

Contact Nelson Elder Care Law today. Our team can work with you to understand your goals, explain the common issues that arise during Estate Planning in Marietta, and draft documents that minimize the impact of these issues.

Hear From Our Clients

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!

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- 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!

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