Trust and estates are areas of law that allow you to have a final say in how your home, savings, and property will be distributed after your death. A skilled trust and estates lawyer can also assist anyone dealing with legal proceedings after a loved one passes away. Our attorneys can also help you plan for your family’s future and ensure that your end-of-life wishes will become reality.
To achieve this, the experienced lawyers at our firm use various strategies and legal tools, such as Powers of Attorney, Wills, and Trusts. If you want to control what happens to your belongings after you pass away, speak with a Marietta trust and estates lawyers at Nelson Elder Care Law. We can help you create a plan that protects your family and prepares for anything life throws your way.
Our knowledgeable attorneys can walk you through your choices and explain the following important concepts in trust and estates planning.
A Will allows you to dictate how your property is transferred to your heirs after you pass away. In the state of Georgia, anyone over the age of 14 can create a valid Will if they sign the document in the presence of two witnesses, who also sign. Your Will must also be in writing, as the state of Georgia does not recognize audio recordings or videos as valid.
Probate is the legal process that validates a Will through the courts. It allows your property and savings to be distributed to your heirs. In your Will, you should name a person to oversee this distribution. This person, known as the executor or personal representative, will be responsible for gathering your property, paying off your taxes and debts, and distributing the remaining money to your heirs.
If you were named as an executor, our trust and estates lawyers can help you fulfill your duties and successfully navigate the probate process. We have experience with every stage of the proceedings, from filing the Will to creating the final report for the probate court.
A Trust is a legal arrangement which allows you to transfer certain savings or property to a trustee, essentially to hold onto. When you die or at a certain noted date in the future, the trustee will pass on these belongings to heirs you have named. Revocable Trusts avoid Probate and allow you to be your own trustee while you are alive, but your assets are not protected from Medicaid or lawsuits. While Irrevocable Trusts do protect your property from Medicaid, you are not able to be the trustee and must appoint someone.
A knowledgeable attorney at our firm can advise you on which type of Trust best suits your needs.
Beyond creating documents like Wills and Trusts, which protect your savings and belongings after you pass away, an experienced trust and estates lawyer can also help you establish a plan in the event that you become incapacitated. A sudden illness or injury can affect anyone at any time, so it is never too early to think about what you would like to happen when life throws you a curveball.
Advanced Health Care Directives are a way of outlining your medical preferences in case you are unable to communicate your desires. In this document, you can state what type of treatment you want to receive and when to cease medical interventions.
A Durable Power of Attorney (DPOA) lets you designate another person to make decisions on your behalf if you become incapacitated. Unlike many other trust and estates tools, which only take effect after you pass away, a DPOA is applicable while you are still alive.
It is scary to consider the future once you have passed away, but you can gain peace of mind by discussing your worries and wishes with a skilled attorney. At Nelson Elder Care Law, our Marietta trust and estates lawyers are experienced in helping people achieve their goals and protect their family’s financial futures. If you are considering end-of-life plans, contact our firm today to go over your legal options.
