Estate Planning Process in Woodstock

The Estate Planning process in Woodstock must begin long before adding your signature to documents. It is essential to be able to identify your goals, nominate Beneficiaries, and choose the correct form of documents to have the proper legal effects and protections.

As a result, it is a beneficial idea to hire an Estate Planning attorney at our firm. Our experienced team at Nelson Elder Care Law can work with you to measure your Assets, determine what legal tools are right for you, and draft the documents necessary to make your wishes a reality.

Identifying Assets to Place into an Estate Plan

The first step in the Estate Planning Process is to identify your assets in and out of Woodstock. This is crucial for a number of reasons. First, only by identifying assets can you hope to dictate where they will go. Whether you are looking to craft a Will that Distributes Assets after your passing or want to provide funds to another through a Trust, properly cataloging these Assets is a prerequisite.

Another reason why identifying assets is crucial is the state’s statute concerning Intestacy. According to the Official Code of Georgia § 53-2-1, Probate courts have an automatic list of heirs who will receive property that is not a part of an Estate Plan. This means that if a Will names some of your assets but not others, the court can distribute the remainder of the Estate according to this hierarchy. In many situations, this may not align with your wishes.

Choosing the Proper Beneficiaries

For the most part, you are free to name any person that you wish to inherit your property. Even so, there are certain caveats that you must keep in mind.

Always remember that children under the age of 18 cannot inherit property in excess of $15,000 in value through a Will. In these cases, the property will move into the temporary hands of a Conservatorship.

In other situations, there are tax issues to consider. While Woodstock is in a state that does not levy an estate tax, some Beneficiaries may reside in locations that do. Understanding these tax laws and their impact on Beneficiaries is a major part of the Estate Planning process.

Properly Crafting and Executing Estate Plan Documents

Once you have cataloged your assets and identified Beneficiaries, you are ready to craft your Estate Plan documents. These can include Wills and various forms of Trusts.

The exact form that these documents must take will vary on a document-by-document basis. For example, O.C.G.A. § 53-4-20 requires you to sign your Will in the presence of at least two other witnesses. Also, those witnesses must sign the Will in your presence. Our Woodstock attorneys at Nelson Elder Care Law can help you through the process of drafting these Estate Planning documents to ensure their validity and clarity.

Let Our Woodstock Attorneys Guide You Through the Estate Planning Process

Having a proper Estate Plan is essential for securing the future of your heirs and ensuring your final wishes come true. Beginning the process as soon as possible can help your journey down this road, and our experienced lawyers can help.

Our team can guide you through the Estate Planning Process in Woodstock and answer any questions you may have. Call now to schedule your initial consultation with Nelson Elder Care Law.

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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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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