Secure Your Legacy With Our Georgia Estate Planning Lawyers
Estate planning is not something to put off until the last minute. Shep Helton and Jonathan Fultz, at Helton & Fultz, LLC, are the Georgia estate planning attorneys to represent you. They get to know you and your family. Then, they draw from their extensive estate planning experience to create the right estate plan.
At our firm, we do not believe in up-charging you for unnecessary services. Instead, we provide you with the simplest solution at the most efficient price.
What Documents Does An Estate Plan Need?
Every adult should have an estate plan, and every state plan should have a few key documents:
- A last will and testament: Stipulates which of your assets and property go to which beneficiaries.
- A power of attorney: A document that gives someone else the power to make legal decisions for you if you become incapacitated.
- A health care power of attorney: Someone who can authorize medical treatment if you become incapacitated.
- A trust: An arrangement in which a trustee manages assets for a beneficiary. Examples include a revocable living trust or a special needs trust to take care of precious loved ones.
That said, every estate is unique. When you make an appointment with our attorney, you can discuss your particular needs, and we can tailor your estate plan to meet those needs.
Helping You Weigh Wills Vs. Trusts
When considering estate planning, you may want to consider trusts in addition to a will. Wills are legal documents specifying how one’s assets should be distributed after death. They are straightforward but often go through probate, which can be time-consuming and public. Trusts, on the other hand, manage assets during one’s lifetime and after death, offering privacy and potentially avoiding probate. Trusts can be more complex and require active management. For families with complicated property dynamics or dysfunction, trusts can help minimize conflicts by clearly outlining asset distribution and management. However, setting up a trust may involve higher upfront costs and legal guidance. Ultimately, the decision depends on individual circumstances and goals for asset protection and distribution.
Frequently Asked Questions About Georgia Estate Planning
If you are looking for answers after putting estate plans off for years or simply want to understand your options better, the FAQ section below can shed light on the topic.
When is the right time to put an estate plan in place?
The short answer is now. Georgia does not require a minimum age or asset threshold. If you are an adult, especially if you have children, own a home or have a retirement account, you have something worth protecting.
Young parents in particular tend to underestimate what happens if both of them die without a will. When minor children are involved, Georgia courts control how and when a child can access inherited money. Without a plan in place, a child may be unable to sign documents or use funds until a court approves it. A simple will can address all of that at a fraction of the cost of people.
What happens to my will if I move to Georgia?
A will created in another state may still be valid after relocating to Georgia. However, state laws differ, and certain provisions may not work exactly as intended once you establish residency elsewhere.
Georgia has specific rules around witnesses, notarization and certain property types, including how married couples hold real estate. For that reason, it is wise to review existing documents after a move. Small updates can help ensure your wishes remain clear and consistent with Georgia law.
How can I help ensure my minor children are protected?
You can protect your minor children in your estate plan through:
- Naming a guardian: This allows you to identify who should care for your children if something unexpected happens. Without those instructions, the decision may be left to the court.
- Managing inherited assets: Children generally cannot directly control inherited property. Planning ahead can help determine how and when funds are used for their benefit.
- Reducing uncertainty: Clear instructions often prevent confusion and disagreements among surviving family members. This can provide stability during a difficult time.
Taking these steps helps create a framework that protects both your children and the assets intended for them.
How often should estate planning documents be updated?
Major life changes are the usual trigger. The following are the most common reasons people bring their documents back in for a review:
- Marriage or divorce
- Birth or adoption of a child
- Death of a named executor or beneficiary
- A significant change in assets
- A move to a new state
Most estate plans hold up well for years without changes. The goal is not to revisit your documents constantly, but to make sure they still reflect your life when it matters most.
Get Trusted Counsel In Estate Planning And Administration
When you need an attorney to assist you with these complex legal fields, contact Helton & Fultz, LLC, in Cartersville. We will provide honest discussions and one-on-one guidance. To schedule a consultation, call 678-920-7088 or send the law firm an email.